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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3151
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was charged with battery and lewd or lascivious acts

Customer Question

I was charged with sexual battery and lewd or lascivious acts of a minor last year and went to trial. I was also found innocent of all charges (Not Guilty). I have never ever been arrested before for anything. After waiting for a year on the expungement process that I appplied for, I have now just received a letter stating that this record is not eligible for expunction and it is eligible to be sealed. It was denied expungement as they stated. "The Criminal history record reflects that some or all the charges related to the arrest or criminal activity to which the application pertains were not dismissed, but resulted in a trial, or in the withholding of adjudication. What exactly does this mean? Does this mean that just because I went to trial that I can't have my record expunged as it was very clear the entire ordeal was fabricated by my accuser. What should I do here as I am applying for new jobs and obviously this does not belong in my records..
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Who did you receive the letter from? Did you go through the court to get the record expunged? If so, did you get an order from the court? If you did get an order from the court, did the court specifically state in the order that all of the arrests were directly related? Also, did you use an attorney for the expungement?