Expungement of Your Criminal Record and Your Right to Have a Hearing
When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court including a certificate of eligibility issued by the Florida Department of Law Enforcement, that person is legally entitled to have her record sealed unless the judge hearing the case finds that there is a good reason to not do so. But when a judge fails to schedule a formal hearing to consider the request, that case may very well be reversed on appeal. A look at one such case appears in an article I posted on my Florida Criminal Records FAQ website.
i was convicted of burglary of buisness at 17 yrs old and was placed in a rehabilatation programs for youths and probation and completed the program and been out of trouble since now I'am 26yrs old;do I qualify for exsoungement.
Attorney Chapman's response:
If you were adjudicated guilty of burglary, then you are not legally eligible to have your criminal record sealed or expunged. However, if adjudication was withheld, then you may be eligible to have your record sealed. I would need more information to tell you for sure.
i was charged with aggravated battery w/ deadly weapon but was not convicted and i cant get a job any where with this on my record....
Attorney Chapman's response:
The charge of aggravated battery cannot be sealed in Florida even if adjudication was withheld.