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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My 13 year old daughter was arrested on 2/20/09 for shoplifting/petty

Customer Question

My 13 year old daughter was arrested on 2/20/09 for shoplifting/petty theft from a Clair's retail store. March 31'st we were interviewed by a Polk County, FL probation officer. The results of the interview were as follows: divergence, 10 hour community service, shopfitting program class, 2'nd degree retail theft misdemeanor charge. She removed a less than $10 earring from it's backing and gave it to a friend. They thought twice and returned the item to a shelf; confronted by the clerk, then arrested. We went through the probation officers interview to avoid court. My daughter nor I have never had any previous records of any sort. I was told this record would stay on my daughter's file "forever". Is this true, can I now fight it, or can it be expunged?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



she has youth on her side - under florida law, because she was given the diversion the record will be sealed if she is successful in her probationary period - this should be an automatic process - but when she does complete the probation, she needs to check with the PO to make sure that it has been sealed.


she needs to keep in mind, that a juvenile diversion is a one-time shot. so, if she gets in trouble again, it wont be as easy and she will wind up in front of a juvenile Master at a hearing.


i dont know what to tell you about the letter's late arrival. you could have called and had the interview postponed until you could get with your employment to take the time off.




good luck