Felony Expungement - Yes, You Can Put Your Past Behind You

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Felony Expungement - Yes, You Can Put Your Past Behind You
By: Karen Kilpatrick, Esq
Many people believe that it is more difficult to expunge or seal a felony arrest, versus a
misdemeanor arrest. Well, this belief both is and isn't correct! Let me explain why.
People are correct in their assumption that it can be more challenging to remove a felony from a
criminal history record than to remove a misdemeanor charge. This is the case for two reasons:
1. In Florida, the decision whether to grant or deny a petition to seal or expunge is within the
discretion of the court, based on a "consideration of all the facts and circumstances" standard.
More serious charges may be more seriously considered by a court, plus, may increase the
likelihood the state would object to your petition. If the state objects, a hearing must be held, and
you would be faced with trying to prevent the prosecutor from convincing the judge that your
history should not be sealed.
2. The Florida statutes contain a list of offenses that cannot be sealed - pretty much all felonies.
These prohibited offenses include sex crimes, homicide, and kidnapping, to name a few...
Most people are incorrect, however, in assuming that the sealing or expunction of a felony is
procedurally more difficult than sealing or expunging a misdemeanor. The Florida legal
procedures to seal or expunge a felony and a misdemeanor are exactly the same. There are
statutory requirements that a person must meet in order to be eligible to seal or expunge a record
generally, but no distinction is drawn between felonies and misdemeanors specifically.
One thing to keep in mind though, if you are reading this article before your criminal case has
been resolved, is that sometimes it is better under Florida law (from a sealing/expunging
perspective only) to plead guilty or no contest to a lesser offense if arrested for one of the
prohibited offenses, then to have the charges against you dropped or dismissed. Remember, it is
the final charge that counts.
I know this is a little counter-intuitive, but let me explain. For example, say you were arrested in
Florida for sexual battery. If the prosecutor drops or the court dismisses the charges against you,
you are ineligible to have that arrest sealed or expunged (and you would be stuck with an arrest
for sexual battery on your record forever). However, if you plead guilty or no contest to a lesser
offense such as misdemeanor battery, and receive a withheld adjudication, you likely can have the
record (including the arrest) sealed, if you meet all the other eligibility requirements. Obviously,
this is not the only point you would want to consider in determining your case strategy, but it is
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2. one often overlooked that's worth at least thinking about.
Article Source: http://www.articledestination.com
Karen Kilpatrick, Esq will help you get the second chance you deserve. Don’t let the past ruin
your future. Take the expunge criminal record eligibility test, or just learn more facts
about Florida expungement by visiting ExpungeRecordFlorida.com today!
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