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Blog · November 27, 2014

Can I seal multiple criminal cases? What are the rules for sealing criminal records in Florida? / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Can I seal my criminal record?  Here is my history:  I have a 2008 poss of cannabis case with a withhold of adjudication.  Then in 2012 I had resisting with violence, possession of cannabis, and possession of drug paraphernalia.  I got a with hold on all three counts in the same case.  Can i seal the entire 2012 case?  All three counts were in the same case thanks, generally whats the range and the timeline to get it sealed>

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-seal-my-criminal-record–1626043.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-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-seal-my-criminal-record–1626043.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

8 lawyers agreed with this answer

Grant Ian Schwarz
Grant Ian Schwarz
Criminal Defense Attorney – Hollywood, FL
Amir A. Ladan
Amir A. Ladan
Criminal Defense Attorney – Orlando, FL
Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Reid M. Hart
Reid M. Hart
Criminal Defense Attorney – Jacksonville, FL
Robert G. Whittel
Robert G. Whittel
Criminal Defense Attorney – Brooksville, FL
James Roman Amarosa II
James Roman Amarosa II
Criminal Defense Attorney – Tampa, FL
Daniel David Archer
Daniel David Archer
Criminal Defense Attorney – Clermont, FL

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Lawyers agree
Answered . You can seal one or the other but not both.

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/c83dd888-ef7a-448e-9a96-ba69fc4181f7/Seal-and-Expunge-Home.aspx  
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 2014 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.

For better or for worse you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, etcetera, rather than waiting for them to find out on their own. 
I hope that this has been helpful.
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.)
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in 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”!

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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