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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
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Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I am trying to get my criminal record expunged and am having

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I am trying to get my criminal record expunged and am having trouble reading the application to complete this as I cannot afford an attorney to assist me with complting the application. Can the following charges be expunged? Convicted in 2010 of Florida Statute 812.014 (2b) and 414.39 (1a5) in 2008. Can both be expunged in one application or do I have to submit two separate applications?

Alex Esquire :

Hello. My name isXXXXX am a Florida licensed attorney and I will be glad to help you.

Customer:

Thanks Alex!

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

Are you online with me?

Customer:

Yes I think so

Customer:

Sorry I've never chatted with someone before..

Alex Esquire :

not a problem.

Alex Esquire :

Were you convicted of the both criminal charges?

Customer:

Yes

Customer:

There were two original in the 2010 case, but I think the State dropped the other charge.

Customer:

Sorry I have another question I'm waiting on that includes both of those charges. Let me grab the other charge for you

Alex Esquire :

I am afraid that I have some bad news for you.

Alex Esquire :

In Florida, a criminal conviction cannot be expunged.

Customer:

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.

Customer:

Even if I finished probation and paid the victim back? I thought that was one of the stipulations...

Alex Esquire :

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.

Alex Esquire :

Not if you were convicted.

Alex Esquire :

Unless you were in the deferred prosecution program?

Customer:

When you say "convicted," that means I ended up with probation and had to pay restitution?

Customer:

What is the deferred prosecution program?

Alex Esquire :

Correct, that means you were either found guilty of the crime by the judge or jury at trial or plead guilty

Customer:

I attended pre-trial diversion for the 2008 case and finished it

Alex Esquire :

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.

Alex Esquire :

Well, diversion program is similar.

Customer:

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

Alex Esquire :

You can petition to the court for an early probation termination.

Customer:

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?

Alex Esquire :

This is a second charge correct?

Alex Esquire :

First one in 2008 was pre-trial diversion?

Customer:

Yes sir

Customer:

414.39 (1a5)

Customer:

Do you want me to attach the court docket?

Alex Esquire :

Unfortunately, the second case would have resulted in a conviction if you were sentenced to probation and criminal restitution

Alex Esquire :

I am not permitted to review and legal documents for JustAnswer.com customers.

Customer:

No problem.

Customer:

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

Customer:

Can you point me to case law for this so I can email her then?

Customer:

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

Customer:

But you are stating the first one can be expunged, just not the restitution charge correct?

Alex Esquire :

Here is the link to the Florida expungement statute:

Alex Esquire :

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0585.html

Alex Esquire :

No

Alex Esquire :

The first one could not be expunged, because you had a subsequent conviction for another criminal offense.

Alex Esquire :

The only way it could have been expunged under Florida law is if you did not have any other criminal conviction.

Customer:

But I thought section 2 of the statute states if the conviction isn't listed, I could get it expunged?

Alex Esquire :

I am very sorry to give you this tough news, but you have the right to be fully informed.

Alex Esquire :

No. You have misinterpreted it.

Customer:

Oh okay. Well thank you so much for your help and information. This definitely helps out with my career and such.

Alex Esquire :

It states that certain offenses, even if the person was in pre-trial diversion program cannot be expunged.

Alex Esquire :

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.

Alex Esquire :

I wish you the best of luck!

Customer:

Great Thanks so much!

Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

Just to double-check...


 


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.


 


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!

Thank you for your follow up.

The first charge means that as long as your complete your sentence (probation / restitution) the criminal case would be dismissed.

The second one means that state attorney declined to prosecute the criminal charges.

So based on the limited facts you have stated, it would appear that you have not been convicted, as long as the sentence for the first offense is completed and the case is dismissed.

I wish you the best of luck!
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you

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