Legal Question in Criminal Law in Florida

I was arrested in 2000 for the 2x counts of possession of controlled substance and I was given 2 choices. #1 Do 6 months probation and keep the charges on my record until the end of time or #2 go to drug court and after successful completion become eligible for an expungement. I took the 1 year of drug court (PTI) and then about 2 years later started following up to get the charges expunged. I was told I'm not eligible because I was convicted of a DUI in 1998. Did state made a mistake in advising me to take drug court? What should I do?


Asked on 11/07/16, 1:53 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Since you were convicted of the DUI, you can not anything sealed or expunged. Unfortunately, you are bound by the saying "ignorance of the law is no excuse." In other words, back in 2000, it was YOUR duty to see if you could actually get it expunged. I know there is little bright side, but you can forever say that you were never convicted and the state dismissed all charges against you which is always a good thing.

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Answered on 11/11/16, 3:40 pm


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