Legal Question in Criminal Law in Florida

I am looking for a job and have been rejected now for almost 6 months. I've inquired on several attempts to find out why, but they just say that they are just not interested. I'm separated from my wife and my credit is HORRIBLE. I did something very stupid a few years back and I think it is what is hurting me. In a quick explanation, I went to Wal-mart and bought an ink cartridge for my computer the sales KID said that the one he suggested was the right one for my printer, it wasn't! When I brought the cartridge back they said that because I OPENED the package it could not be returned ($30 loss) SOOO I gave the wrong cartridge to the salesperson and exchanged it with the correct one. I was charged with retail theft. Jerk I know but am I screwed forever because of it? What can I do?

Scott Wimmer


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Asked on 5/27/11, 8:01 pm

2 Answers from Attorneys

Addison Harvey The Law Offices of A. Reese Harvey


You may be eligible to have your record sealed or expunged. If it was your first conviction and the court "withheld" adjudication you can apply to have this done. It is a complicated process that takes several months. It requires that you have your finger prints taken, and get a certificate of eligibility from the Florida Department of Law Enforcement. Once you have met the requirements, it generally takes one hearing in front of a judge to get him to order the sealing or expungment.

There are also likely things that can be done to clean up any inaccuracies in your credit. You should feel free to contact me at my office if you wish to discuss it further. 561-691-4511.

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Answered on 5/28/11, 7:44 am
Karen Kilpatrick

I agree with the above, that you should look into sealing or expunging your record, then work on fixing your credit. The eligibility requirements for record sealing/expungement are as follows:

1. No convictions, in FL or any other state

2. Never sealed or expunged a record before

3. Not currently under court supervision

If you meet the above requirements and your charges were dropped/dismissed, you may be eligible for expungement. If adjudication was withheld, then you would apply to have the record sealed. Please feel free to visit my site for a free eligibility evaluation:

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Answered on 5/28/11, 11:05 am

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