Legal Question in Criminal Law in Florida

Re: vacate order

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It is probably next to impossible to vacate an order from a 1998 case after so many years. Courts do not vacate orders just to make a former defendant's record go away.

You need to meet with a criminal attorney who can review the specifics of your situation and let you know if there are any other avenues for you to seek including sealing of the file or expungement if you were not convicted of the crime you were charged with.

Scott R. Jay, Esq.

Re: vacate order

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Re: vacate order

That varies from lawyer to lawyer and you are running up against some deadlines as a result of rules and new caselaw. I suggest you hire a lawyer immediately to help you with this.

Re: vacate order

Vacating a judgment on a 1998 case is extremely difficult. The court has already lost jurisdiction to hear any kind of post judgment motion for relief. You can try, but I'm not aware of any legal authority that would allow you to do it. Vacating a judgment would mean the case starts from scratch. The doctrine of laches would apply in your case. The state would object because after so long, their witnesses may be dead, gone, evidence lost, etc. They would be prejudiced. Were you adjudicated guilty? Did you receive a withhold of adjudication? Ask your lawyer if sealing the case would benefit you. If so, give me a call. As long as you have never been adjduicated guilty of any criminal offense the case can be sealed.