Legal Question in Criminal Law in Florida

Expunging Arrest Record

I was arrested but never convicted of aggrevated battery 15 years ago (I did a pretrial program) and now I would like to get the record expunged. When I submitted the paperwork, they stated that I wasn't eligible b/c I had pled guilty to a misdemeanor charge of having a open canister in a public area (I received a ticket and just paid it). These are the only to charges on my record and I have not had any incident since. Is there anyway to have them both removed?


Asked on 11/16/08, 4:38 pm

2 Answers from Attorneys
Nicholas Adamucci ADAMUCCI, LLC

Re: Expunging Arrest Record

You have to double check the program to see if you were if fact found guilty after completion of the program. Generally, one of the benefits of a program is to avoid conviction of an offense. Second, you have to be certain that the offense you are found guilty of is not a crime and not an infraction. An infraction does not go on your record, but a crime does. If you need further help, you can email me at [email protected].

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Answered on 11/17/08, 8:12 am
Valerie Masters Valerie Masters, P.A.

Re: Expunging Arrest Record

A conviction for anything disqualifies you. Open container is usually a municipal ordinance and a second degree misdemeanor. That why you dont qualify.

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Answered on 11/17/08, 8:14 pm


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