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Blog · October 13, 2014

Seal / Expunge / FDLE / Criminal Record / Criminal Background / Withhold of Adjudication / Conviction / AVVO / Michael A. haber, Esq. **ARRESTED / **305DUI

Q:  Can I get record sealed or expunged again?  My first record was sealed or expunged automatically by the court upon the completion of a number of requirements . Now I was recently charged with grand theft 3rd degee & possession of marijuana less than 2 grams. I received withhold of adjudication with 1 day of probation. Can I have this record sealed or expunged?
A:  Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/can-i-get-record-sealed-or-expunged-again–1555197.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-align: right; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/can-i-get-record-sealed-or-expunged-again–1555197.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Contributor Level 20

11 lawyers agreed with this answer

Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Mark S. Germain
Mark S. Germain
Criminal Defense Attorney – Melbourne, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Erick Masten Platten
Erick Masten Platten
Criminal Defense Attorney – Tyler, TX
Christopher Daniel Leroi
Christopher Daniel Leroi
Criminal Defense Attorney – Greenwood Village, CO
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
Dennis Hernandez
Dennis Hernandez
Criminal Defense Attorney – Tampa, FL
Jason Eric Rosen
Jason Eric Rosen
Criminal Defense Attorney – Miami, FL
Julia Kefalinos
Julia Kefalinos
Criminal Defense Attorney – Miami, FL
Alan James Brinkmeier
Alan James Brinkmeier
Lawsuit / Dispute Attorney – Chicago, IL

” href=”http://www.avvo.com/legal-answers/can-i-get-record-sealed-or-expunged-again–1555197.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>11

Lawyers agree
Answered . No matter how many times you ask the question the answer will not change.

Sealing is available in a (“a” as in one) case where you received a withhold of adjudication, and expunction is available in a (“a” as in one) case which was dismissed, nolle pros’d, no actioned or where you were found to have been not guilty. In Florida you can only seal or expunge one eligible (non-disqualified) offense in your lifetime.

If you look at the following website you will learn everything you ever wanted to know about the sealing / expunction process:

http://www.fdle.state.fl.us/content/getdoc/c83d…

The procedure is both quite detailed and somewhat painstaking but is also far from being rocket science. You can attempt to navigate it yourself (FDLE has tried to simplify it – again I refer you to the website above) but, assuming your eligibility, any criminal defense lawyer (anywhere in Florida – this can be done remotely and does not necessarily require a local attorney, although a local attorney may or may not be less expensive) will be able to accomplish the task with greater ease and likely in a shorter time period.

That said I suspect that it doesn’t much matter where you were arrested, what you were arrested for, what the final disposition was or whether or not you sealed / expunged the record. This is 2013 and we are forehead deep into the internet age, where nothing is private, sacred or truly hidden from public scrutiny.

Sadly, sealing (and expunging) only applies to certain (not even to all) government agencies and has no effect whatsoever on private (er, extortionist) enterprise, who compile and maintain arrest information and then demand that you pay them off to remove your information from their database and public access. Worse still, after you “buy back your information”, then you can count on there being another private company lurking, somewhere, sometime, somehow, just waiting for you to pay them off as well. Its a seemingly never-ending vicious cycle.

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. “its all about reasonable doubt”!

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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