Drug crimes are among the most common criminal offenses prosecuted in Florida. People accused of breaking the law with prescription medication or possessing prohibited drugs face criminal prosecution. Drug offenses can lead to major criminal penalties, including incarceration, fines and probation.
The record of the drug offense can also have a negative impact on the accused person. The state reports every arrest, charge and conviction to those who have an interest in an individual’s background. People with prior drug offenses on their records may find it difficult to continue their education or develop their careers. They may even struggle to rent living quarters because of their criminal records.
Expungement involves the destruction of specific criminal records. Record sealing prevents the release of certain information to the public in most cases. Can those with a drug conviction on their record expunge or seal those records in Florida?
Expungement rules are relatively strict
Sealing or expunging a drug charge in Florida is only an option in certain, limited situations. Defendants convicted while they were still minors have the best opportunities available to them.
They may qualify for a full expungement of their prior drug charges. Provided that they have avoided subsequent offenses, youthful offenders can ask the state to destroy the records of their juvenile convictions so that they can become contributing members of society as adults.
For adults, eligibility requires that they have no other cases sealed or expunged in Florida. Convictions for adult drug offenses are usually not eligible for expungement. Dismissed charges and charges people successfully defended against at trial may be eligible.
The offense must not have involved manufacturing or trafficking, as state law disqualifies such charges. In most cases, the person seeking the expungement must have avoided other criminal charges after their previous arrest. There may also be limited options available in scenarios where people successfully completed pretrial diversion programs and did not actually get convicted in criminal court.
Discussing the possibility of an expungement with a skilled legal team can help people with prior drug offenses on their record take control of the future. With the right assistance, people who made a mistake in the past can potentially move on with their lives and expand their future opportunities.