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Dismissed not until she finishes probation, they will most likely give her a probation period, about 6 months to a year. If she completes it without any trouble then it will be removed.
Tell her to save her lawyer money. Go early before her case and talk to the DA. Ask him/her if they offer any sort of adjudication or what she has to do to get it expunged. Make sure to let the DA know she's now 21 and has no priors. You could get lucky, he/she might just drop it and just ask you to pay court costs or some crap.
You think she could do this over the phone? Her court date is three weeks away. It would suck to have an drive down before court and then have to drive down for court? I know this is hard to answer....
The DA will be hanging around before the session gets underway. Talk to him/her then. If your girl doesn't like what she hears, tell her to ask for a postponement and then get a lawyer. This happened to me in high school. I had to take an alcohol class one afternoon. I think the class was like $50.
I was a minor at the time so maybe it's a little different. I had to talk to some lady, I can't remember her position. I took in my report card with my 4.3 GPA and she gave me that bs alcohol class as punishment.
Even if it's expunged, any state/federal agencies will be able to see it. So she'd need to disclose that if she was applying for work with one of them.
Also, some grad schools specifically tell you to list any arrests, etc, and that you have to include expunged records.
That's not true. I got busted for possession 2 times neither showed up on my record when i got a concealed weapons permit
This post was edited by Boner 20 months ago
well, it could be...
www.yohoodent.com ... errybawdee awn ignorle
A misdemeanor that gets expunged is not deleted from your record for the purposes of a state/federal agency.
I believe your right. However, I would think it would look better maybe if this was concealed/expunged maybe??
Usually there's a waiting period before something can be expunged, but I don't do criminal law.
Call the local legal aid office, or your school's law school, to see if there is a way to get cheap or free counsel. You have to know the system to beat the system.
Correct, it will look much better if it has been expunged. And that way private background checks don't see it.
Incidentally just ran across this looking for something else. The link has everything you need to apply for an expungement, or so it says. Dropping knowledge:
Entities That Get Sealed And Expunged Records
The subject of a criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:
Is a candidate for employment with a criminal justice agency;
Is a defendant in a criminal prosecution;
Concurrently or subsequently petitions for relief under s.943.0585 or s.943.059;
Is a candidate for admission to The Florida Bar;
Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.
Thanks. My next question is about her court date? Since this is her first offense ever, can she go through some sort of diversion program that will basically drop the charges and then expunge the charge? Hope this makes sense. Were trying to decide if we go to court will the judge offer this program to lessen the crime or something? Whats the typical process? TIA
No clue, sorry. Refer to prior post- call legal aid/law school.
If they "drop the charges" then there would be no need to expunge anything.
As another post mentioned, it will be difficult to get the DA to give you some of his/her time over something like a minor in possession.
The best suggestion has been to get in touch with legal aid, or call your school's law school. Also, attorneys will give free consultations... they could tell you exactly what they could do for you and how much it would cost.
Called a few lawyers. 500 bucks plus the 250 for fine/court cost. Guess she's going this route. However, I think she should just wait till court and plead to the judge for some sort of community service or something but she wants to be sure I guess. Thanks for all the help.
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