Solicitation for Prostitution arrest- can it be removed from your record?
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Solicitation for Prostitution arrest- can it be removed from your record?
I was arrested 20 years ago on Solicitation for Prostitution, went to court, adjudicated guilty, sentenced-$50 fine paid. I am looking for employment now, and most application require if I have ever been arrested for a felony. Can the arrest information ever be removed from my record?
Asked on May 29, 2009 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Depending upon how a case is concluded, an individual may be eligible to have her case sealed or expunged. Florida offers two different statutes to address criminal records - one for expungement, and one to seal the record. Both statutes require that you have not previously been adjudicated guilty or delinquent of any offense. The term "previously" refers to adjudications which occur before the date you apply for a sealing or expungement of your criminal record, and not the date of the arrest - that is, you need to have maintained a clear record subsequent to the conviction you want expunged.
If you were arrested and the case was ultimately dismissed, for example upon your successful completion of a diversion program and the charge was dropped, then you should qualify to have your arrest history expunged. You can only get your record expunged if the charge was ultimately dropped or dismissed.
Where you have pled guilty or no contest to a charge and the adjudication of guilt was withheld, you may qualify to have the record of the offense sealed. To qualify for sealing, you must (1) have had the adjudication of guilt withheld, and (2) must have been charged with a qualifying offense under the statute.
I'm not certain based on the facts presented that either expungement or sealing is available to you. Speak with an attorney in your area, he'll have some ideas on how best to handle this.
By the way this is a link to the applicable state law: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0943/Sec0585.HTM
Best of luck.
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