Your Criminal Record in Florida - What is Included and What Can Be Excluded

8/13/2019 Your Criminal Record in Florida - What is Included and What Can Be Excluded

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AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

YOUR CRIMINAL RECORD IN FLORIDA WHAT IS INCLUDED ANDWHAT CAN BE EXCLUDED

Understand What Is On Your Record andWhat Options May Exist For Preventing A Record,

Erasing A Record, Or Limiting Access to Your Record


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Juvenile Records

Criminal history records relating to juveniles are treated much differently than those ofan adult. Although a criminal history record is created when a juvenile is arrested,

access to that record is limited. In the past, the age of a juvenile defender was thedetermining factor with regard to whether or not the record could be disseminated tothe public. Currently, however, the law looks at the offense for which the minor wasarrested when deciding if the arrest record is public information. An arrest record for a

juvenile arrested for a felony is public information as is the record of a minor who hasbeen found by a court to have committed three or more misdemeanors. In addition, a

juvenile offender who has been waived into adult court has an arrest record that isconsidered public information.

In most cases, a juveniles criminal record is expunged, or destroyed, when theindividual reaches the age of 24 years old. There are, however, exceptions to this ruleas well. Those exceptions are as follows:

The record is retained until age 26 if the offender was classified as a serioushabitual offender, was committed to a juvenile correctional facility, or wascommitted to a juvenile prison.If an adult is charged with a forcible felony prior to expungement of a juvenile

record the juvenile record becomes part of the adult record. A juvenile record becomes part of an adult record for a minor who is adjudicatedas an adult for a forcible felony.

A juvenile record becomes part of an adult record for a juvenile who isadjudicated as a sexual offender.

Diversion Programs

One option that may be available to prevent a conviction from going on your record inthe first place is to complete a pretrial diversion program. In Florida, a first offender,or someone who has been convicted of not more than one non-violent misdemeanor,who is charged with any misdemeanor or third degree felony is statutorily eligible for apretrial diversion program. In addition, certain second degree felony offenses are alsoeligible for pretrial diversion. While the specific requirements of a pretrial diversionprogram can vary, the general concept is to allow a defendant to avoid conviction

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applying for employment with a criminal justice agency or an employer wherein youwill have contact with minor children, the disabled, or the elderly. If you apply to havean arrest record sealed or expunged and your application is approved be sure toconsult with the Florida criminal defense attorney that assisted you with the applicationto ensure that you understand when you are legally allowed to deny the existence ofthe arrest and when you are still required to acknowledge the arrest.

As you can see, navigating the maze of laws relating to criminal records can be adaunting task. If you have questions or concerns relating to your own criminal recordtake the time to consult with a Florida criminal defense attorney to ensure that yourown record is accurate and that you understand the laws as they relate to your

criminal history record. It is equally important that you consult with an experiencedattorney prior to entering in to an agreement that will result in a criminal conviction inthe State of Florida given the fact that the record of your conviction will remain, andbe accessible to the public, forever.

Juvenile Assessment Center, What Are the Laws on Juvenile Criminal Records inFlorida?

The Florida Bar, Diversion Programs

Miami-Dade Public Defender, FAQs: Sealing & Expunging Criminal History Records inFlorida

Florida Department of Law Enforcement, Frequently Asked Questions

Florida Department of Law Enforcement, Criminal History Information

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ABOUT THE AUTHORS

Amanda Powers Sellers

Florida criminal defense lawyer, Amanda Powers Sellers, hasaggressively defended thousands of Florida criminal cases. With overnine years of criminal jury trial experience, she has the necessarybackground to represent cases ranging from Driving under theInfluence (DUI) to First Degree Murder.

Amanda is a seasoned litigator and an aggressive negotiator. With a wealth of experienceshe has proven that her gentle, but aggressive style of criminal defense litigation

consistently achieves results for her clients.

Jenna C. Finkelstein

Florida criminal defense attorney, Jenna Finkelstein, has over sixty (60)criminal jury trials to her credit. Her experience defending individualscharged with crimes in the state of Florida ranges from domesticbattery to DUI Manslaughter, Drug Trafficking, First Degree Murder

and all crimes in between.She is passionate about the law and promises personal attention to all of her clients andtheir individual needs. Jenna is a seasoned trial attorney who knows the legal system andits players. Jenna and her team at the Law Offices of Powers Sellers & Finkelstein, PLC,are committed to fighting for you.

Powers Sellers & Finkelstein, PLC6344 Roosevelt Blvd. Suite B

Clearwater, FL 33760727-531-2926

http://psffirm.com
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Your Criminal Record in Florida - What is Included and What Can Be Excluded