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SB 118 and new section 943.0586, Florida Statutes

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On July 1, 2018, a new section to the Florida Statutes will be born. It is s. 943.0586, F.S. It is nicely placed between the Florida expungement statute (s. 943.0585) and the sealing statute (s. 943.059). Recently, I have been getting a lot of questions regarding this new law. So rather than have to try and explain it multiple times, I decided to write this brief synopsis of my take on what it will do.

Let's do this by breaking down the text of the statute, sentence by sentence:

943.0586 Administrative sealing of criminal history records.

The Criminal Justice Information Program shall administratively seal the criminal history records pertaining to an arrest or incident of alleged criminal activity of an adult or a minor charged with a felony, misdemeanor, or violation of a comparable rule or ordinance by a state, county, municipal, or other law enforcement agency upon notification by the clerk of court, pursuant to s. 943.052 (2), that all the charges related to the arrest or inci…

A Quick Post About Expungements and Sealings: READ

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After people are done sealing or expunging a criminal arrest record they are often perplexed why their record keeps showing up on background checks. The answer is always "those are private companies and they are not sent a copy of the order." Inevitably, my clients want to know how to remove their records from these private background check companies.
The answer use to be that you would have to pay someone to do this. However, I have just found out there is a non-profit law firm out there helping people do this for free.
The Foundation for Continuing Justice (FFCJ) is a privately funded, non-profit law firm dedicated to providing those with a criminal record, the opportunity to reenter and reintegrate into society as productive individuals. The Foundation has two areas of focus. First, providing free legal research to lawmakers looking to reform laws that govern the retention and distribution of criminal records. Second, providing innovative tools to help former offenders.

ARREST RECORDS: Dismissals, Adjudication Withheld, and Expungements

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The Haunting Record Of Arrest Many people believe that if their criminal case was dismissed or they had adjudication withheld they do not have an arrest record. Another common belief is if they did not go to jail they weren't arrested. These two misconceptions come back to haunt people everyday. The Courts may also be part of the problem. I hear too often from too many different people that they were told they did not have a record because they received a withhold. I Wasn't Arrested - Misconception #1 If you ever had to go to court to answer to a criminal charge you were arrested. This can be confusing because most of us believe being arrested means going to jail. This is not true. All criminal cases must start with an arrest. For many minor offenses you may not go to jail. You may simply be given a Notice to Appear [NOA]. A NOA directs you to appear before a court for an arraignment. The date you receive the NOA is your arrest date. The NOA is technically an arrest. My Case …