If you have a criminal record, and are considering criminal record expungement, it’s a good time to start now, before everyone jumps on the “bandwagon” come September and October.  Right now the FDLE is processing less applications, making your wait time less.  It makes sense to avoid the fall rush and get a head start to shorten the entire process.  As is, it takes about 5-7 months to expunge a criminal record.  Record expungement times vary, from county to county, and based on the time of year applying.  Summer really is one of the best times to get things moving quickly.

However, no matter when you begin, at least you know you are doing the best you can to better your life for yourself (and family).  Record expungement gives you a second chance to get things right so why wait?  If you start now, you will have a great start in the new year.

To learn more about Florida expungement, read this article:  Florida Expungement: The Who, What, When, Where, Why & How

It’s probably a good time to mention that even some traffic convictions count as a conviction that will disqualify you from record expungement in Florida. To be able to expunge your record, you cannot have a conviction for reckless driving, driving on a suspended license, or other convictions. Convictions in other states also count. No convictions in Florida, or any other state, or no record expungement!

If I sound like a broken record, it’s because I get emails on a daily basis from people asking if they can seal or expunge their record, when they have a conviction or more than one conviction in their history. I write about this often, and it’s all over this site, but it’s worth another reminder – you cannot expunge your criminal record with a conviction!!

Consider a pardon. You can contact the office about that, just not Florida criminal record expungement. To learn more about Florida record expungement, read this: Florida Expungement: The Who, What, When, Where, Why & How

In general, no. Florida only allows you to seal or expunge ONE criminal arrest record. One and done, as I like to say. However, this is an exception. Florida Statutes Section 943.059 (1997) provides: “The court may only order sealing of a criminal history record pertaining to one arrest or one incident of alleged criminal activity, except as provided in this section. The court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. If the court intends to order the sealing of records pertaining to such additional arrests, such intent must be specified in the order. A criminal justice agency may not seal any record pertaining to such additional arrests if the order to seal does not articulate the intention of the court to seal records pertaining to more than one arrest.”

Florida courts have interpreted the “additional arrests” 

language of the statute:

We construe that sentence in section 943.059 to apply to additional arrests or charges that stem from one criminal activity or episode where the additional offenses are temporally related or there is some nexus between the offenses. State v. A.B.M., 742 So.2d 818, 820 (Fla. 2d DCA 1999).

See also Dinkins v. State, 764 So.2d 693 (Fla. 1d DCA 2000): 

In our view, the statute does not contain a blanket prohibition against record expungement where a defendant has committed multiple criminal acts. The statute uses the phrase “any of the acts stemming from the arrest or alleged criminal activity,” suggesting that the Legislature contemplated multiple criminal acts. The statute also speaks to “additional arrests directly [related] to the original arrest.” Accordingly, the fact of multiple arrests does not foreclose a record expungement.

In Dinkins, the appellate court remanded a record sealing case back to the trial court to determine whether the additional arrests and charges met or failed to meet the standard adopted in A.B.M.

What does this mean for your record expungement or sealing case? If your arrests are related, either in time or there is some nexus or connection between the two offenses, you may be able to seal or expunge more than one arrest. Contact a Florida expungement attorney today to discuss your case.

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Plus, you won’t get better service, and a money back guarantee, as you do here. Only you can decide to change your life – but we can help you once you decide what to do. Take our free eligibility evaluation today: expunge criminal record

So here’s the deal. Florida record expungement law doesn’t change too often. And, one hundred plus posts later, I think I’ve finally hit the record expungement wall, so to speak. There was some excitement about a month ago, when a new Florida expungement reform bill was introduced into the legislature, but that died in committee. So now I’m left with being more creative. How many ways can you think of to say “expunge criminal record”? Or expunge record? Or expunge record Florida? I’ve run out of ideas.

Yet, I realize it’s important for me to relay information to you on a timely and regular basis. I know not everyone looks through post archives, so the post last month about juvenile expungement may not be readily accessible to most of you anymore. So I should write about it again. Or felony expungement. Or what to do with domestic violence charges… I could go on. But, I can’t just recycle old posts and re-post, search engines don’t like that too much.

There are worse things in the world, I know, and I’m lucky to be able to do something I enjoy – being a Florida expungement attorney. But sometimes, I just don’t feel like writing about it!

Get your free evaluation: Expunge Criminal Record

Arrest & Bond
Once you are arrested and charged for a misdemeanor you will be taken to the police station of the city or town in which you were arrested. You can expect to be fingerprinted, photographed and provide general information about yourself such as home address, birth date, and occupation. You should be given a copy of your complaint which tells you what you are being charged with.

You will also have a bond set so that if you can afford to pay, you will be released. Bonds are set either by the police station in which you were booked or you may be taken before a judge for a bond hearing. This is the first point in the criminal process where it is important to have a criminal defense attorney present. A criminal defense attorney will have a better chance of securing a low dollar amount bond (this is called a D-bond) for you or possibly getting you released without posting any money and just your signature (this is called an I-bond). This bond ensures that you will return to court for your court date.

First Court Date
At your first court date, the judge will ask you whether you plan on hiring a criminal defense attorney or not. If you cannot afford an attorney you will be given the services of the Public Defender. In order to qualify for the Public Defender, you must provide a detailed affidavit or your assets and liabilities. While the Public Defender’s office has many capable attorneys, their caseload will not allow them to give you the time and attention you may need to resolve your case in the quickest and most advantageous way. If you decide you want to hire a criminal defense attorney, the judge will grant you a continuance to hire one.

Next Court Date
When you return to court with your criminal defense attorney, the Prosecutor is required to turn over to you and your attorney all evidence that has been collected against you. Most often, this is the point at which your lawyer will speak to the prosecutor to start negotiating a resolution to your case either through dismissal, deferred prosecution or an offer. Most often, your case will be continued so that you and your lawyer can review the evidence against you and determine what the best way to proceed is.

Motions
Sometimes, a case can be won by fighting to get evidence thrown out. If the police gathered evidence against you in an illegal way, all the evidence that is gathered after the illegal search or seizure is inadmissible. If this evidence is suppressed, oftentimes, the prosecutor will not be able to prove their case agaisnt you and will be forced to throw the case out.

Trial
If you, your lawyer and the prosecutor cannot come to an agreement about your case, your next option is to have a trial either by judge or jury. A trial consists of jury selection, opening statements, the examination of all witnesses against you, an opportunity for you to tell your side what happened, closing arguments and finally a finding or verdict decided by judge or jury.
Sentencing Hearing
If you are found guilty, a sentencing hearing will be conducted after the entry of a plea or verdict. The maximum penalty for a misdemeanor in Illinois state is 364 days in jail and a $2500.00 fine. This is the point where your lawyer will request that your sentence be as low as possible based on your criminal history, the nature of the case, your background, and other factors such as your family, employment and service to the community.
If you have been arrested and charged with a misdemeanor crime, your reputation and liberty are at stake. You should have the best representation possible to protect you. Purav Bhatt is a former Cook County State’s Attorney who practices criminal defense in Chicago, Cook, Lake and Dupage counties.

Please contact or call Mr. Bhatt at 773-791-9682 for a free consultation if you would like to discuss your criminal matter.