Jacksonville, FL asked in Criminal Law and Health Care Law for Florida

Q: How can a past felony be reduced to a misdemeanor status in Florida through legal means?

How can a past felony be reduced to a misdemeanor status in Florida through legal means?

In 2018, I was charged with possessing a fake identification in the state of Florida, which resulted in a felony charge. However, I received adjudication withheld status after successfully completing probation. Despite this incident, I was able to obtain a Florida Registered Nurse License without any complications or restitutions. Nevertheless, due to recent changes in the field of medicine, I now aspire to obtain a compact state license. Unfortunately, my current disposition makes this unattainable under existing laws. As such, I require the assistance of a lawyer to help me navigate this legal challenge

Related Topics:
2 Lawyer Answers
Jenna Cyra Finkelstein
Jenna Cyra Finkelstein
Answered
  • Criminal Law Lawyer
  • Clearwater, FL
  • Licensed in Florida

A: Hello-

If you were not convicted of the charge, and have no other criminal and/or criminal traffic convictions, you may be eligible to have that case sealed. It cannot be reduced to a misdemeanor but it can be sealed. However, note that medical boards and similar agencies still require disclosure.

Jonathan Blecher agrees with this answer

Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Sealing your record won't help you when applying for certification in the "Compact". The case will come up in a level II background check AND you must disclose the arrest, regardless of the withhold or a sealing. The time limit has passed to vacate the plea. However, a lawyer would need to review the plea colloquy to determine if there are constitutional grounds to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.