Expunging a record

[BerettaCougar]

So I'm 23 years old, when I was 18 I was arrested for trespassing after a warning..

So now I'm wanting to expunge the record because I want to join the Army.
I now have the capability of joining as an Officer because of my degree.

The recruiter said I can join the enlisted ranks as an E4 easily since it's a 3rd degree misdemeanor but to go right in as an officer my record has to be clean.

So anyway, I called a few lawyers (9 law offices) and they all want $1,000 and up to do this. some say they can seal it, and some say they can expunge it... is there a difference in the two?

And $1,000+.... what am I paying for? They all say it's for fee's...When I ask what fee's they say legal fee's... there must be a form I can fill out and send in myself..I looked online and can't find anything.

So...what am I paying for? and what is (if there is any) difference in expunge and seal?

And if any of you are recruiters, is there a way for the Army to help me pay for the erasing process, I heard yes and I heard no, I asked the recruiter and he said he'd look into it.

 

[Waitone]

A. Laws are written by legislators who are lawyers so lawyers have something to do when they are no longer legislators

B. In some cases legal procedures are by necessity complex.

C. Lawyers are trained how to push buttons, pull levers, and toot horns. You are not unless you are a lawyer.

D. You are about to make a decision which will affect your career. Don't go cheap unless you feel like gambling on your future. I'd spend the bucks because you'll miss out on lots more if you don't.

 

[joab]

You can have it expunged yourself or use a para, the process is not that hard

I'm Having to do it myself to go to school
Give me a little time I have the sites in my favorites

As far as I remember you can have your record expunged if you were not convicted and it is as if it never happened
Sealed just means it is hard to get a look at it but could hurt you later if you need security clearance

 

[joab]

Here's the site
http://www.fdle.state.fl.us/expunge/

And here's thei explanation of the difference between sealed and expunged

What is the difference between having a criminal history record sealed vs. expunged?

When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.

When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. Such entities would receive only a caveat statement indicating that "Criminal Information has been Expunged from this Record".

I have two charges I want to expunge but according to this I may only be able to get one
But tresspassing is not on the list of excluded charges

 

[rwilson452]

I would pay the grand. the difference between an E-4 and an O-1 is enough to get your money back in short order. not to mention the other perks



I don't know of anyway you could get the military to pick up the tab as you need to do this before you raise your hand and take the oath.


USN Retired.

Expunged is better than a seal. as records can alway be unsealed but one it's expunged it's like it never happened.

 

[BerettaCougar]

But tresspassing is not on the list of excluded charges

I was arrested for being a jerk. And thats how the cop worded it.
The charge was "trespass after warning", which is a 3rd degree misdemeanor.

The punishment was 10 hours community service. That's it. Oh and the 70 dollar court fee.

 

[Bruxley]

An articulate letter taking responsibility for what you did and avoiding making excuses, avoiding justifications for what you did, and avoiding blaming law enforcement for your violation, presented directly to the Judge that decided your case or the Judge that now sits on that bench and that explains that you want to serve as a Commissioned Officer in the United States Armed Forces requesting your violation be expunged so that you may do so may get you the result your looking for without the legal fees. You may also want to present this to the Judge personally and get an appointment to do so. If at all possible try to not only personally present it to the Judge but be present when he reads it and attempt to discuss it further with him afterward.

Be sure to make a point of avoiding anything that might sound like you didn't deserve this.

I suspect this is what an attorney would do. I don't know what else an attorney could do.

 

[joab]

I was arrested for being a jerk. And thats how the cop worded it.
The charge was "trespass after warning", which is a 3rd degree misdemeanor.

I was arrested for telling the cop he was a jerk, and once for breaking a guys jaw

I think the jaw thing is going to hurt me
But times sure have changed, I didn't need an expungement to get in. I was basically sentenced to the army


A letter to the judge will not get you an expungement

 

[old 12 gauge]

I don't think you're going to get the federal record expunged.. tell any lawyer that you want a guarentee of the fed record, the BATFE don't have the funds to expung records.. do a search before you give a lawyer money

 

[joab]

Trespassing is not a federal crime, unless Beretta is leaving something out


Reading further into the info another difference between being sealed or expunged could be whether or not you pled or were found guilty

 

[Leatherneck]

Caution: whatever route you take, i.e., expungement or sealing, do not ever pretend "it never happened." After you're in you'll need a security clearance and depending on the level requested for you, those will be very thorough. Stating "I've never been convicted" would be viewed as a lie, disqualify you for a clearance, and probably lead to your immediate discharge, either administrative or punitive. Simply state your conviction and discuss it frankly with the investigator.

TC

 

[JuanCarlos]

Caution: whatever route you take, i.e., expungement or sealing, do not ever pretend "it never happened." After you're in you'll need a security clearance and depending on the level requested for you, those will be very thorough. Stating "I've never been convicted" would be viewed as a lie, disqualify you for a clearance, and probably lead to your immediate discharge, either administrative or punitive. Simply state your conviction and discuss it frankly with the investigator.

Listen to this. From both personal experience getting clearances and the experience of friends and family, having "small" negatives (minor criminal charges, recreational drug use, etc.) on your application is generally not going to disqualify you, especially if it's well into the past. However, lying in any way, shape or form on the application and later being caught will result in loss of clearance and discharge (if you're lucky) and charges (if you're not).

The investigations for higher clearances are thorough enough that even if there's theoretically no conviction on your record anymore they may find out about it. As Leatherneck said, just list it and when the investigator comes to talk to you about it (and they will) discuss it frankly. Shouldn't be an issue.

 

[BerettaCougar]

I don't think you're going to get the federal record expunged.. tell any lawyer that you want a guarentee of the fed record, the BATFE don't have the funds to expung records.. do a search before you give a lawyer money

Federal record? This was a local charge I think.

Reading further into the info another difference between being sealed or expunged could be whether or not you pled or were found guilty

I pled no contest. And was told to do 10 hours community service, which I completed in a week at a public park.

Then I got a bill in the mail for $70.00, which was for court cost. Which when I think about it, thats expensive! I was on trial for like 15 minutes, I said my piece, the officer said his piece the judge told me, to plea no contest, guilty or not guilty, If I said not guilty I'd have to return another day for a longer session, and face 2 days in jail if found guilty, or guilty and serve the two days right then, or no contest for the community service hours....At the time I thought I picked the right one.

 

[joab]

I'm not going to pretend to understand your particulars
But with me having mine expunged may be determined by whether I pled not guilty or no contest to the charges, the only other person that would have a personal recollection is dead.
My charge was one of those specifically excluded from expungement it adjudication was withheld after pleading no contest or guilty or for having been found guilty
To the best of my memory adjudication was withheld for six months or until I joined the military
In six months I would have had to face trial, if I joined the military charges would be dropped.
Either way I have to order copy of my records so I will know then


Yours was a simple misdemeanor it should be no problem getting either sealed or expunged
But again the certificate of eligibility is a simple form to fill out that any paralegal could do

 

[old 12 gauge]

Federal record? This was a local charge I think.
it dosen't matter, once you are arrested and printed, your prints and record goes to the FBI.
most arrests are local or state, but the Feds still get the record. that is why a cop can run your name and find out where you were arrested and what the charge was.

 

[joab]

OK now I understand

According o the website all they will get back is a notice that the record was expunged and it will take a court order to view it