Florida Motion for New Trial for Purpose of Expunging Criminal Record

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

Florida Motion for New Trial for Purpose of Expunging Criminal Record is a legal process that allows individuals with criminal records in Florida to request a new trial in order to have their records expunged. This motion is typically filed after a defendant has been convicted of a crime, but wishes to clear their record. The purpose of filing a Florida Motion for New Trial for Purpose of Expunging Criminal Record is to present new evidence or legal arguments that may bring attention to wrongful convictions or unfair outcomes of previous trials. It provides an opportunity for defendants to request a new trial in hopes of ultimately obtaining an expungement of their criminal record. Keywords: Florida, Motion for New Trial, Purpose, Expunging Criminal Record, legal process, convicted, new evidence, legal arguments, wrongful convictions, unfair outcomes, previous trials, opportunity, defendants, expungement. Different types of Florida Motion for New Trial for Purpose of Expunging Criminal Record include: 1. New Evidence Motion: This type of motion is filed when new evidence has been discovered that was not available during the original trial. The evidence must be significant and have the potential to impact the outcome of the trial. If the court determines that the new evidence is credible and could have changed the result, a new trial may be granted. 2. Legal Error Motion: In cases where it is believed that there were errors in the legal proceedings or the application of the law during the original trial, a legal error motion can be filed. This type of motion argues that mistakes were made during the trial that affected the fairness of the process or the outcome. If the court agrees with the arguments presented, a new trial may be ordered. 3. Ineffective Assistance of Counsel Motion: If a defendant believes that their defense attorney provided ineffective assistance during their original trial, they can file an ineffective assistance of counsel motion. This motion asserts that the attorney's incompetence or failure to adequately represent the defendant's interests resulted in an unfair trial. If the court finds merit in the motion, a new trial may be granted. 4. Procedural Error Motion: This type of motion is filed when errors in the procedural aspects of the trial are believed to have occurred. For example, if there were issues with jury selection, evidence handling, or jury instructions, a procedural error motion can be filed. If the court determines that the errors affected the fairness of the trial, a new trial may be ordered. Overall, the Florida Motion for New Trial for Purpose of Expunging Criminal Record provides a legal avenue for individuals to seek a new trial in order to clear their criminal record. It is essential to consult with an experienced attorney who specializes in criminal law to determine the best course of action and file the appropriate motion based on the specific circumstances of the case.

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FAQ

Florida law explicitly states that the following violent offenses are always ineligible for expungement: Homicide. Manslaughter. Burglary of a dwelling. Kidnapping. Child abuse. Sexual battery. Any offense that requires sex offender registration. Assault & Battery.

It is often asked how long it takes to seal or expunge a record in Florida. We tell potential clients that it takes on average 5-8 months to go through the sealing or expunge process. The reasons can vary, however, some of the factors to consider are: Sealing vs.

Section 943.0585(4), Florida Statutes, provides that a criminal history record ordered expunged that is retained by the Florida Department of Law Enforcement (FDLE) is not available to any person or entity except upon order of a court of competent jurisdiction.

Gov. Ron DeSantis on Tuesday vetoed a bill that would allow adults to get their criminal record expunged even if they had an expungement as a juvenile. Under current Florida law, someone cannot get their criminal record expunged as an adult if they had an offense scrubbed as a juvenile.

In Florida the cost for an expungement petition is $75. This doesn't mean that you just pay your money and you're done. You have to make sure you have filled out the proper forms and you have all the relevant documentation. This is where an experienced lawyer can help move the process along.

If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes. Also, if convicted for any criminal offense, you will not qualify to seal or expunge any other case.

The granting of a petition for sealing or expungement filed by a statutorily-eligible petitioner is at the sole discretion of the court. Under certain specified conditions, criminal history records may be eligible for expungement under other statutory provisions, with different requirements and different effects.

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The submission of an application for a Certificate of Eligibility is the first step in sealing or expunging a criminal history record. A record does not receive ... Once FDLE has issued the Certificate of Eligibility to seal or expunge a criminal history record, the next step is to file a petition for relief, along with the ...There are several ways that you can obtain a blank form Petition: Go to the Leon County Clerk of the Court's website. May 23, 2023 — The first step is obtaining a certificate of eligibility for expunction or sealing from the Florida Department of Law Enforcement. After your ... If you qualify for an expunction, you must obtain a certificate of eligibility to petition the court for your expunction or seal. You must complete section A of ... Aug 22, 2023 — You can file your petition with the court clerk and pay the filing fee. You can get a waiver if you can't afford the filing fee. Usually ... Confirm the eligibility of expungement. · Gather information. · Find the appropriate sample. · Make the most of integrations. · Fill or cross out areas. · Examine ... Before you can file your petition to seal or expunge your criminal history record with the court, you must apply to the Florida Department of Law Enforcement ... Please note that Florida law prevents our staff from providing legal advice. The Clerk of the Circuit Court cannot assist you in the filing of your application ... —A person is eligible to petition a court to seal a criminal history record when: (a) The criminal history record is not ineligible for court-ordered sealing ...

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Florida Motion for New Trial for Purpose of Expunging Criminal Record