Florida Criminal Records FAQ - by Ron Chapman http://www.floridacriminalrecordsfaq.com by West Palm Beach Attorney, Ron Chapman : Expungement, Sealing, Searches, Denial Tue, 27 Dec 2011 00:59:11 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Does Being Adjudicated Guilty Mean That You Cannot Get Your Record Expunged? http://www.floridacriminalrecordsfaq.com/does-being-adjudicated-guilty-mean-that-you-cannot-get-your-record-expunged/ http://www.floridacriminalrecordsfaq.com/does-being-adjudicated-guilty-mean-that-you-cannot-get-your-record-expunged/#comments Mon, 16 May 2011 16:14:40 +0000 admin http://www.floridacriminalrecordsfaq.com/?p=536 In the case of Julie Matthews versus the State of Florida, Ms. Matthews appealed a judge’s decision to not expunge her criminal-history record for grand theft of an automobile based upon the following facts:

“During the evening of March 8, 1995, . . . Julie Matthews was with a group of friends at a restaurant.  She left the restaurant [using] one of her friend’s vehicles.  Her friend filed a police report, and [Matthews] was arrested for grand theft of an automobile on March 9, 1995 around 10:00 A.M.  Seven hours earlier on March 9, 1995, [Matthews] had been arrested for driving under the influence (DUI) in that same friend’s vehicle.  These arrests were treated as separate incidents.  They were reported in separate police reports, they were given separate agency case numbers by the Sheriff’s Department, and they were given separate court case numbers.” 

[Matthews] was adjudicated guilty of DUI.  The State [Attorney's Office dropped the] grand-theft auto case. To have her grand theft auto offense expunged, [Matthews] applied for a certificate of eligibility from the Florida Department of Law Enforcement (FDLE) . . . .  FDLE sent [Matthews] a letter stating that the certificate of eligibility would not be issued since she had been adjudicated guilty of charges (namely, DUI) stemming from the arrest or alleged criminal activity to which the application pertained.  [Matthews] filed a motion to compel FDLE to produce a certificate of eligibility for expungement.  The State Attorney’s Office and FDLE filed their respective responses in opposition to [Matthews'] motion.”

The trial judge agreed with FDLE’s refusal to issue Matthews a certificate of eligibility, so she appealed to Florida’s Fifth District Court of Appeal.  But that appellate court also agreed with FDLE’s decision because Florida law states that a person is not eligible to receive a certificate of eligibility if she has been adjudicated guilty of a criminal offense prior to applying for such a certificate.  And because Matthews was adjudicated guilty of the criminal offense of DUI before applying to FDLE for a certificate of eligibility, she was, therefore, not legally eligible to receive that certificate.
]]> http://www.floridacriminalrecordsfaq.com/does-being-adjudicated-guilty-mean-that-you-cannot-get-your-record-expunged/feed/ 0 What is the difference between being adjudicated guilty and having adjudication withheld? http://www.floridacriminalrecordsfaq.com/what-is-the-difference-between-being-adjudicated-guilty-and-having-adjudication-withheld/ http://www.floridacriminalrecordsfaq.com/what-is-the-difference-between-being-adjudicated-guilty-and-having-adjudication-withheld/#comments Mon, 09 Feb 2009 21:59:08 +0000 admin http://ctb.stemlegal.com/?p=33 People frequently call my office asking whether they can get their criminal record sealed. One of the first questions I ask them is whether they have ever been adjudicated guilty of any criminal offense (as opposed to adjudication having been withheld), even for something like reckless driving or DUI. Many do not know the answer to this question.

The reason why this is so important is because Florida law does not permit someone to have her criminal record sealed if she has ever been adjudicated guilty of a criminal offense, even for traffic offenses such as DUI or reckless driving. See Florida statute section 943.059.

So, for example, if someone is trying to get her record for aggravated battery sealed but she was previously adjudicated guilty of reckless driving, then she is not eligible for a sealing. In fact, the Florida Department of Law Enforcement website states that “[c]ertain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.”

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