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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 09-15-2018, 08:49 AM   #1
Luna Rae
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Exclamation Need Help W/Expunging My Florida Record :(

NEED LEGUAL ADVICE A criminal record can create difficult downstream consequences, whether the record is for having been arrested or convicted (or both). For example, employers and landlords commonly ask job applicants and rental applicants whether they have ever been convicted of (or perhaps even arrested for) a criminal offense. Employers might not hire—and landlords might not rent to—people who answer "yes" to these questions. The good news is that, in some cases, you may be able to get an arrest or conviction expunged from your record.

PLEASE CONTACT ME SO I CAN GET A BETTER UNDERSTANDING WITH MY MISDEMEANOR CHARGE




REALLY NEED HELP ILL DO ANYTHING TO GET MY RECORD BACK IN GOOD STATUS
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Old 09-15-2018, 10:25 AM   #2
Unique_Carpenter
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Luna,
The rules/laws for each state almost always have differences, thus you want to discuss with a Florida atty.
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Old 09-15-2018, 01:28 PM   #3
Luna Rae
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WHERE ARE THE FLORIDIANS?!?
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Old 11-24-2018, 08:25 AM   #4
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You don’t technically need a lawyer.

1. Get a copy of your record (courthouse or you can pay for a background check).
2. Write a letter to the ruling court, be professional, indicate the crime you committed (remember you are already seen as guilty so admitting is best). Indicate the “why” your conviction should be sealed (sealed is the best you are going to get, but it is all you need).
3. Show up in court on the day you are instructed (you will get a hearing, they are required to give you a hearing). Be prepared with why you feel it should be sealed. It is court - dress professionally and be very respectful to the Judge and Prosecutor.
4. State you case IF asked by the Judge; do not try and spout out what you want unless asked.
5. If denied AND not offered, ask the Judge and Prosecutor what you would need to do to get it sealed. This could range a lot of stuff, but most likely is simply time without any legal issues; potentially classes if alcohol/drug/violence related.

Repeat once you comply if denied.
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Old 12-29-2018, 07:24 PM   #5
Enchanterlingum
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Sealed records don't mean shit, at least not in Kansas. I once had a KBI agent quote me every single sealed juvenile conviction I ever had in response to me "lying" about my criminal history on a professional license application. Admittedly, the look on his face was pretty funny when I told him I was 11 in 1988.



You need an expungement.
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Old 12-30-2018, 02:03 AM   #6
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Yeah, they can ask you whatever they want about a sealed juvenile record if they somehow get their hands on it, but you are not, in most cases required to divulge that info and it should not be held against you.

If you have an adult sealed or expunged record and it was not properly done, then it’s on you if you don’t disclose it on most professional license applications. It’s better to own up to it unless it’s a charge that would literally keep you from getting the license...then you just have to roll the dice and pray all is good. But I can’t tell you how many lawyers get their licenses held AFTER they pass the bar because they thought some BS misdemeanor charge had been expunged and didn’t disclose only to find out it came up in the FBI fingerprint background check.

Luna Rae, if you’re still looking, send me a PM with the type of charge and I’ll send you the name of someone in Central Florida who does Crim Defense work there.
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Old 01-04-2019, 12:42 PM   #7
sjohnlewis
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Default The police keeps every bit of information. Nothing goes away.

Quote:
Originally Posted by Enchanterlingum View Post
Sealed records don't mean shit, at least not in Kansas. I once had KBI agent quote me every single sealed juvenile conviction I ever had in response to me "lying" about my criminal history on a professional license application. Admittedly, the look on his face was pretty funny when I told him I was 11 in 1988.



You need an expungement.
To clear things up a little. In Kansas every contact you have ever made with the police is entered into your record. THAT MEANS EVERY SINGLE CONTACT OF ANY KIND! That includes helping get the neighbors cat out of the tree and a cop shows up to help you, and he gets your name. EVERYTHING goes into the Kansas Data Base, and I assume it is the same in all the other states.

Now then, I do know that there are codes for each contact that only certain people are suppose to understand and only certain people that have various clearances can see some of the details.

The individual who told you about the specifics of your record was not suppose to tell you those things. Sealed means from the general public, and he should have kept his mouth shut. Sounds like he was trying to shake you up a little. The sealed records are available only to some people in law enforcement, or the prosecutor.

I was told directly by a person I know well that a lot of this information is used to help solve a crime. He even told me how many total contacts I had ever had from every law enforcement agency. Nothing to worry about, but scary.

The example given was a person complains about a neighbor's dog barking: time passes and someone shoots the neighbor - they come looking for the one who made the complaint, or look for anything else that would indicate he was or was not the one that shot the neighbor.
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