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David B. Pakula, P.A. |
 David B. Pakula, PA
Attorney At Law1806 N Flamingo Rd Ste 410
Pembroke Pines FL 33028
(954) 217-5123
dpakula at infionline.net
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| Florida Seal and Expunge |
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| "Automatic Expungement" of Juvenile Criminal Records |
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| on Monday, November 17, 2008 - 04:31 PM - 1173 Reads |
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A Florida law dealing with the retention of criminal history records of minors provides for the "automatic expungement" of such records when the juvenile turns 24 or 26 years of age, depending on the type of offense. An automatic juvenile expungement does not count as a prior sealing or expungement. Therefore, it does not prevent the person from sealing or expunging criminal records in the future, if otherwise eligible.
According to s. 943.0515, Florida Statutes, the criminal history records of a minor classified as a serious or habitual juvenile offender or committed to a juvenile correctional facility or juvenile prison are automatically expunged when the person reaches the age of 26. The criminal history records of other juveniles are automatically expunged when the person reaches the age of 24.
The automatic expungement law is subject to exceptions applicable to minors adjudicated as an adult for a forcible felony, persons charged or convicted of a forcible felony after reaching 18 years of age but before the records are destroyed, and minors adjudicated delinquent of certain sex offenses.
A juvenile may be eligible for a court-ordered juvenile diversion expungement by applying within six months of completion of a qualified diversion program. In addition, a juvenile may be eligible for a non-juvenile court-ordered sealing or expungement -- the same type of sealing or expungement that is available to eligible adults. Either of these types of court-ordered expungements take effect upon entry of the court order, rather than when the person turns 24 or 26 years of age. A juvenile diversion expungement does not count as a prior sealing or expungement. However, a non-juvenile sealing or expungement does count as a prior, so as to prevent the person from obtaining a subsequent sealing or expungement. |
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Florida Seal and Expunge
David B. Pakula, P.A.
Attorney At Law
1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
(954) 217-5123
dpakula at infionline.net
http://FloridaSealandExpunge.com
Lawyer Serving Fort Lauderdale, Davie, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.
Mr. Pakula is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state courts and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.
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