How do i get a felon case off my record

UPDATED: May 29, 2009

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How do i get a felon case off my record

I had a felon case 4 or 5yrs ago how do i get that expunged of my record

Asked on May 29, 2009 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Depending upon how a case is concluded, an individual may be eligible to have her case sealed or expunged.  Florida offers two different statutes to address criminal records - one for expungement, and one to seal the record.  Both statutes require that you have not previously been adjudicated guilty or delinquent of any offense.  The term "previously" refers to adjudications which occur before the date you apply for a sealing or expungement of your criminal record, and not the date of the arrest - that is, you need to have maintained a clear record subsequent to the conviction you want expunged.

If you were arrested and the case was ultimately dismissed, for example upon your successful completion of a diversion program and the charge was dropped, then you should qualify to have your arrest history expunged.  You can only get your record expunged if the charge was ultimately dropped or dismissed.

Where you have pled guilty or no contest to a charge and the adjudication of guilt was withheld, you may qualify to have the record of the offense sealed.  To qualify for sealing, you must (1) have had the adjudication of guilt withheld, and (2) must have been charged with a qualifying offense under the statute.

Based on your facts I would say that you are not eligible for either expungement or sealing.  You can, however, speak with an attorney in your area to see if he has any other ideas.
By the way this is a link to the applicable state law:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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