Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name isXXXXX am a Florida licensed attorney and I will be glad to help you.
Welcome to JustAnswer.com
Are you online with me?
Yes I think so
Sorry I've never chatted with someone before..
not a problem.
Were you convicted of the both criminal charges?
There were two original in the 2010 case, but I think the State dropped the other charge.
Sorry I have another question I'm waiting on that includes both of those charges. Let me grab the other charge for you
I am afraid that I have some bad news for you.
In Florida, a criminal conviction cannot be expunged.
The two charges are 812.014 (2b. Court action is ADJ W/H BY JUDGE ON 9/8/2010 The second charge is 817.034 (4a1) with Prosecutor Final Action of Nolle Prosequi.
Even if I finished probation and paid the victim back? I thought that was one of the stipulations...
The only way for you to obtain relief from such criminal conviction is to file a petition for a full pardon from the Florida governor and unfortunately such full pardons are very rarely granted.
Not if you were convicted.
Unless you were in the deferred prosecution program?
When you say "convicted," that means I ended up with probation and had to pay restitution?
What is the deferred prosecution program?
Correct, that means you were either found guilty of the crime by the judge or jury at trial or plead guilty
I attended pre-trial diversion for the 2008 case and finished it
It is a program for a first time criminal offenders, which allows for the criminal case to be dismissed upon the completion of the sentence.
Well, diversion program is similar.
I am now on probation until 2017 for the 2010 charge. However, they stated if I finished my restitution payments next month, I could ask my probation officer to be removed from the program
You can petition to the court for an early probation termination.
Who should I double-check with to determine if my probation program for 2010 would be considered a dismissal? Or is it still considered a conviction?
This is a second charge correct?
First one in 2008 was pre-trial diversion?
Do you want me to attach the court docket?
Unfortunately, the second case would have resulted in a conviction if you were sentenced to probation and criminal restitution
I am not permitted to review and legal documents for JustAnswer.com customers.
Darn, well that wasn't my understanding when I had the attorney in the case representing. She guaranteed I could get this expunged just not sealed
Can you point me to case law for this so I can email her then?
My parents were willing to pay for the expungement fees and attorney, but I figured I'd try to do it myself but now I'm not so sure I should proceed
But you are stating the first one can be expunged, just not the restitution charge correct?
Here is the link to the Florida expungement statute:
The first one could not be expunged, because you had a subsequent conviction for another criminal offense.
The only way it could have been expunged under Florida law is if you did not have any other criminal conviction.
But I thought section 2 of the statute states if the conviction isn't listed, I could get it expunged?
I am very sorry to give you this tough news, but you have the right to be fully informed.
No. You have misinterpreted it.
Oh okay. Well thank you so much for your help and information. This definitely helps out with my career and such.
It states that certain offenses, even if the person was in pre-trial diversion program cannot be expunged.
I am very sorry, but once your probation is over and you have at least 5-10 years of clean time, you can apply for a full pardon.
I wish you the best of luck!
Great Thanks so much!
Just to double-check...
Nolle Prosequi - means the State dismissed the charges?
Adjudication Withheld by Judge means - no conviction - just a record?
Therefore, I technically wasn't convicted if the State dismissed one charge? Please clarify. So sorry!