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Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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Can issuance of a certificate of elgibility for ...

Resolved Question:

Can issuance of a certificate of elgibility for expunction the criminal history record related to one arrest be obtained (from the FDLE) if adjudication of guilt was withheld?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Bappelman replied 9 years ago.
Hello Dusty,

Yes, the arrest can be expunged if you meet the following basic criteria:

1. you have never had a record sealed or expunged before;

2. you never have been convicted (Adjudicated) of a misdemeanor, criminal ordinance violation or a felony;

3. you are not under court supervision (not on probation, community control, or any other court mandated program);

4. you didn't receive a withhold of adjudication IF the charge you want to seal is one of the charges listed in the Exceptions section.

The Exceptions:

Luring or Enticing a Child - F.S. 787.025
Sexual Battery and related offense - Chapter 794
Procuring person under 18 for prostitution - F.S. 796.03
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age - F.S. 800.04
Voyeurism – F.S. 810.14
Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult - F.S.(NNN) NNN-NNNNbr />Sexual Performance by a child - F.S. 827.071
Sexual misconduct with mentally deficient or mentally ill defendant and related offenses. A violation of any offense qualify for registration as a sexual predator under F.S. 775.21 or for registration as a sexual offender under F.S.(NNN) NNN-NNNN
Offenses by public officers and employees - Chapter 839
Giving/showing/transmitting/loaning obscene materials to a minor - F.S.(NNN) NNN-NNNNbr />Computer pornography(child related) - F.S.(NNN) NNN-NNNNbr />Selling or buying of minors - F.S.(NNN) NNN-NNNNbr />Drug Trafficking (Trafficking in Controlled Substances) - F.S. 893.135 (This does not include possession)
Violations of Pretrial detention or release - F.S. 907.041
Arson - F.S. 806.01
Aggravated Assault - F.S. 784.021
Aggravated Battery - F.S. 784.045
Illegal use of explosives - F.S. 790.001
Child abuse or aggravated child abuse- Chapter 827
Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
Aircraft Piracy
Kidnapping - Chapter 787
Homicide - Chapter 782
Manslaughter - F.S. 782.07
Robbery - F.S. 812.13
Carjacking - F.S. 812.133
Sexual activity with a child, who is 12 years of age or older, but less than 18 years of age, by or at solicitation of a person in familial or custodial authority - F.S. 827.071
Burglary of a dwelling - F.S. 810.02
Stalking and aggravated stalking - F.S. 784.048
Act of Domestic Violence as defined in F.S. 741.28
Home invasion robbery - F.S. 812.135
Act of terrorism as defined by F.S. 775.30
Attempting or conspiring to commit any of the above crimes

As long as you meet the first 3 criteria, and your crime was not one of the listed exceptions, then you should b e able to expunge your arrest record.

I hope this clears up your question. If you need more information, you can reply if you wish.

Thank you.
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