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RayAnswers, Lawyer
Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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I was arrested eight years ago in the state of Florida, for

Customer Question

I was arrested eight years ago in the state of Florida, for aggravated battery and plead no contest. I received adj. Withheld and completed my probation. I have no other charges on my record and I want to know if I have any options. Will applying for a pardon help me? If so, how?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

Yes you can apply for pardon(clemency) to try and clear this from your record here.That would be your legal remedy.

Apply here

https://www.fcor.state.fl.us/docs/clemency/ClemencyApplication.pdf

RESTORATION OF CIVIL RIGHTS,
PARDONS, PARDONS WITHOUT FIREARM AUTHORITY, FIREARM AUTHORITY,
REMISSION OF FINES AND FORFEITURES

Effective March 9, 2011

UNDER THE FLORIDA CONSTITUTION, A CONVICTED FELON CANNOT VOTE, SERVE ON A JURY, OR HOLD PUBLIC OFFICE UNTIL CIVIL RIGHTS HAVE BEEN RESTORED

This information pertains to Restoration of Civil Rights and all other forms of clemency with the exception of Commutation of Sentence requests.┬ب A Request for Review (Form 1502) must be completed for the Commutation of Sentence process. This application is available on our website, www.fcor.state.fl.us or you may request this application by calling our office at(###) ###-####┬ب

Restoration of Civil Rights cases are divided into two categories:┬ب Without a Hearing (Rule 9.A.) and With a Hearing (Rule 10.A.) You may visit our website for more detailed information regarding the list of offenses that determine which category your case will be processed.

RESTORATION OF CIVIL RIGHTS WITHOUT A HEARING CASES: This type of investigation is designed to process less serious offenses and requires that 5 years have passed since the date of completion of all sentences and conditions of supervision imposed for all felony convictions, and you must remain crime and arrest free for 5 years prior to being reviewed by the Florida Commission on Offender Review.┬ب You are also required to provide certified court documents for EACH felony conviction with the application before it will be entered into our system.┬ب A certified court document is a copy of the original document on file with the applicable agency (Clerk of Court, State Attorney’s Office, Law Enforcement Agency, etc.) which bears the Clerk’s original signature and seal attesting that the document is a true and correct copy of the original. The court documents can be obtained from the Clerk of Court in the county where the offense occurred and consist of the charging document (often referred to as the State Attorney Information or Indictment), Judgment; and Sentence/Community Control/Probation Order.

RESTORATION OF CIVIL RIGHTS WITH A HEARING CASES: ┬بThis type of investigation is designed to process the more serious offenses and requires that 7 years have passed since the date of completion of all sentences and conditions of supervision imposed for all felony convictions. You are also required to provide certified court documents for EACH felony conviction with the application before it will be entered into our system.┬ب The court documents can be obtained from the Clerk of Court in the county where the offense occurred as stated above.

During the investigative phase, the Executive Clemency Board will consider, but not be limited to, the following factors when determining whether to grant an applicant restoration of civil rights or other form of clemency.

  • The nature and circumstances of the offense,
  • Prior and subsequent criminal record, including traffic offenses,
  • Employment history
  • Mental health, drug or alcohol issues
  • Domestic violence issues
  • Letters submitted in support of, or in opposition to, the granting of executive clemency

The information this agency requests from you is necessary to provide the basic facts needed by the Clemency Board to make an informed judgment as to whether or not you should be granted Restoration
of Civil Rights or any other form of clemency. You are under no obligation to furnish any information.┬ب
However, unless you do provide us with this information, we will be unable to provide complete information to the Clemency Board.

If your request requires a hearing, you will be scheduled to meet with an Examiner of the Florida Commission on Offender Review, who is assigned the investigative phase by the Clemency Board for an interview. This Examiner may also speak with individuals who have written character or reference letters, employers, and other individuals who may be able to provide relevant information concerning you.

If you are granted Restoration of Civil Rights based on the Without a Hearing investigation, you will be sent a Certificate of Restoration of Civil Rights to the address on file.

If the Clemency Board grants an application regarding a With A Hearing case, an Executive Order will be prepared, signed by the Clemency Board members, and a copy mailed to you.┬ب

PARDON OR PARDON WITHOUT FIREARM AUTHORITY; The Rules require that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 10 years.┬ب You may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction.┬ب This form of clemency requires an in-depth interview with an Examiner of the Florida Commission on Offender Review.┬ب Individuals convicted in a federal, military, or out-of-state court are not eligible to apply.┬ب This form of clemency also requires certified copies of felony convictions for which you are requesting clemency. A certified court document is a copy of the original document on file with the applicable agency (Clerk of Court, State Attorney’s Office, Law Enforcement Agency, etc.) which bears the Clerk’s original signature and seal attesting that the document is a true and correct copy of the original. The court documents can be obtained from the Clerk of Court in the county where the offense occurred and consist of the charging document (often referred to as the State Attorney Information or Indictment), Judgment; and Sentence/Community Control/Probation Order.

FIREARM AUTHORITY:┬ب The Rules require that you must have completed all sentences imposed and all conditions of supervision have expired or been completed, for a period of no less than 8 years.┬ب You may not have any outstanding detainers or pending charges, owe restitution, or have any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction.┬ب This form of clemency requires an in-depth interview with an Examiner of the Florida Commission on Offender Review.┬ب Individuals convicted in a federal, military, or out-of-state court are not eligible to apply. This form of clemency also requires certified copies of felony convictions for which you are requesting clemency.

You should apply here it might well be granted.

I appreciate the chance to help you and wish you good luck.

If you can positive rate 5 stars it is much appreciated.