Orlando, FL asked in Criminal Law and Cannabis & Marijuana Law for Florida

Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

2 Lawyer Answers
Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

B. Elaine Jones
B. Elaine Jones
Answered

A: Your case does not qualify for an expungement because the prosecutor would have to drop your case or Nolle Prose it. However, if you received a withhold of adjudication, you may qualify for having your records sealed. After they have been sealed for 10 years you can request an expungement. You should have an attorney assist you with this matter. Most JUSTIA attorneys offer a free initial consultation. Contact one of us and let us know you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

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