Expungement Motions in Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Orlando, Jacksonville, Kissimmee, Tampa Post conviction Appellate Lawyer,Attorney
An Expungement of your records by a Florida crimina expungement motionsl lawyer will results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. These criminal records that are expunged include complaints, warrants, criminal arrests, reports, commitments, criminal arrest history records, fingerprints and your rap sheet.
Your criminal record is not automatically cleared or expunged over time. Even if you were found not guilty, an arrest is not expunged unless a court grants your Expungement . Florida State statutes impose application guidelines for expungements and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and sets forth certain specific types of offenses that cannot be expunged from your criminal history. These guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.
It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. If you have been been granted an Expungement you can respond that you have no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.
What to bring to an expungement consultation with your Florida expungement Attorney :
- all papers pertaining to your arrest(s);
- all court papers pertaining to the disposition of the charge(s) you want expunged; and,
- any report pertaining to the completion of any probationary or diversionary treatment program.
Appellate and Post Conviction Lawyers of Florida :
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter’s transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.
A post-conviction petition is the general name for what is called a “collateral attack” on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition in Florida , a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.
We have Florida Expungement, Appellate and Post Conviction Attorneys ready to help you in the following Florida cities: