If you still have an open charge, can you let your criminal record expire in Florida?

Sometimes it happens that someone trying to delete a criminal record in Florida is pending a petition in another related case. For example, suppose you are rolling in a police officer in speed. While the traffic is stopped, the executive finds that your license has been paused, sniffs alcohol and takes a breath. You fail in managing the breath test and are arrested to be affected and driven (DUI). Your car is being deprived and a small amount of cocaine will be found in your glove box while searching inventory. Fees such as possession of cocaine (felony charges), DUI, driving of a driver's license (submitted to a misdemeanor court) are charged.

You decide to hire a lawyer to handle the case of your felony and your lawyer is building a good relationship with the state. Because this is your first crime, you can not file an appeal ruling. As your lawyer explains that you are entitled to clear your criminal record if you withhold ruling, I will accept it. Well, you want to start Florida's disinfection process on ownership of cocaine. However, other lawsuits due to your arrest are still pending (remember the DUI submitted to the minicar appeal court and the license fee paused). Can you do that?

In Florida, the answer is no. Firstly, you can delete Florida criminal records only if the accusation against you has been rejected or rejected by a public prosecutor or court. When you receive a ruling withholding, you may be eligible to block your records. The main difference between sealing and deleting a record is that the sealed record still exists (although an ordinary person can not know its contents). Expired records are physically destroyed. But in this situation I can not even seal the record yet.

The Florida State Department of Justice (FDLE), an agency that determines whether it is eligible to block or eradicate criminal records in Florida, refuses this request (in Florida lawyers) in a well-known case The mortality rate of the boy trying to block the drug ownership fee from his record under the same conditions as the above example. The boy raised a decision of FDLE in the court. The Florida State 3 Court of Appeals states that the criteria set out in Florida Regulation 943.059 (2) (d) clearly stipulates that the applicant is not eligible for seals or cancellations of criminal records. Do one of the arrested acts.

If you want to seal or erase your records, you are not in dispute about the original arrest. All expenses must be resolved before deciding whether they meet statutory qualification requirements. Therefore, in the example above, we have received arbitrage withholding in cocaine possession lawsuit, but DUI and driving with suspended license will remain pending. In other words, it is possible that one of these two accusations will be considered guilty. Part of the record.

This reasoning extends to open fees even in unevaluated cases. Florida law does not necessarily mean that you are a crime anywhere in order to qualify for containment of criminal records. If you have an open charge you have the opportunity to persuade these costs and you can not move forward with record seal or expiration until all complaints against you have been resolved.

Related Photos