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Top Reasons Why Your Record Can't Be Expunged

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Hi I’m attorney Kevin Haylsett and I want to talk to you for a minute about having your criminal case sealed or expunged. Every week here at my office or on my radio show, I get people calling and asking me if they qualify to have their case sealed or expunged. I wanted to give the three most common scenarios that would prevent you from having your criminal case sealed or expunged.
  •  Your case resulted in you being convicted or adjudicated guilty of the crime. In most states, there’s a couple ways to have your cases resolved. One, it gets dismissed at jury trial, you get found not guilty or the judge dismisses the case. You could enter a diversion program which dismisses at the end provided you do certain things.  The other way is to have your case receive a withhold of adjudication or a “nolo” where no formal adjudication and no conviction results in your case.  What you want to avoid and a scenario that cannot result in getting your case sealed or expunged is if your case ends with a conviction or adjudication of guilt.
  • The second most common scenario that will prevent you having your case sealed or expunged is if you went to jail or prison. If you were sentenced to jail or sent to state prison, that means that you did have an adjudication of guilt or your case resulted in a conviction. Jail time, prison time –you can’t get your case sealed or expunged.
  • The third most common scenario that prevents you from having your case sealed or expunged is if you’ve had a previous sealing or expungement. If you’ve had a case sealed or expunged in another state, or in this state, or had another crime sealed or expunged, you can only have it happen one time. If you have multiple criminal charges, you’ve received a withhold, no contest pleas on them, you can only pick one.
So remember, in most cases, remember if your case resulted in a conviction, or an adjudication of guilt, or you were sentenced to prison or county jail, or you’ve had a previous case sealed or expunged, those scenarios prevent you from having your current case eligible for either a sealing or expungement.

 

 

The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.

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J. Kevin Hayslett

Kevin Hayslett, Esq.

J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.