John P. Contini & Associates, P.A.

Going the Extra Mile - Mathew 5:41

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Sep 09th
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What do I have to do to get my record sealed or expunged?

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Answer: The latest: Florida legislature has recently carved out many more new exceptions into the applicable sealing statute today, disallowing a sealing of your record for any offense that involves sexual allegations or violence. There are fewer and fewer crimes that are now eligible for sealing.

You understand that even if you are eligible to have your arrest record sealed (meaning that your arrest did not involve a crime of violence or allegations of sexual misconduct), the sealing of your record only blocks access by a public party seeking information from public records. The Clerk of Court will place your sealed record, without destroying it, in a special secured area so that public access to your records is denied without a person obtaining a Court Order to unseal your record and file. Alternatively, if you are eligible to expunge your record, your record is destroyed by the Clerk's office and police agencies. However, your records are still held by the Florida Department of Law Enforcement (FDLE) for future references by law enforcement or the Courts.

You need to know that the process of sealing and expunging your arrest records is a long, tiresome and tedious process, involving a half dozen law enforcement agencies including FDLE, the involved county and city police departments, the Clerk's office, the prosecutor's office and the Court, and this hemmoroidal process (too often an administrative nightmare) may take several months - at a minimum, to complete. You might want to save a bunch of money and not pay the lawyer, by doing this yourself. Check out: www.fdle.state.fl.us/expunge


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Recent Questions and Answers

What do you do if you're sexually molested?

Answer: This question is too serious to allow for levity. Do not wash up or clean up, as you must help to preserve the evidence of the crime. Your body is essentially the crime scene. Tell the police immediately (even if you are related to, or friends with, the person who did this to you), and get to the hospital or Sexual Assault Treatment Center as soon as possible! There are "forensic" (legal-scientific) reasons that require your physical presence and evaluation at the treatment center or hospital; so please, for your sake, get some help immediately. There may be traces of hair, saliva, semen or blood from which the experts can obtain a decent DNA sample, allowing for identification, prosecution and conviction of the perpetrator. Call your parents and loved ones as soon as possible, as they only want to help you. They will not judge you, as they love you, and want you to receive immediate help! These crimes can often occur as a result of victims being drugged. ("roofies," GHB and other dangerous narcotics can essentially knock you out or so disorient you, that you "pass out" and cannot stop the sexual assault. If you're in a bar or nightclub - or even at a date's house or a friend's party, and someone brings you a drink (even a nonalcoholic drink), do NOT drink it, unless you watched the bartender, friend or "date" make the drink right in front of you. If you didn't watch the drink being poured - or if you took your eyes off the drink before taking possession of it (or if you leave it unattended for a moment, then you are clueless as to what was then put in it! This crime ("rape") is different than "date rape," and yet it's just as pervasive. It occurs with enough frequency that it is becoming epidemic in some parts of the country.

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