Easy Ways to Clean Criminal Records in Florida

The direct consequences of a criminal conviction are, to put it mildly, horrible. But even the longest jail sentence or probation term eventually ends. Collateral consequences are a different story. These consequences linger long after the cell doors open. Furthermore, many defendants aren’t fully prepared to face these consequences.

A criminal charge doesn’t inevitably lead to a criminal conviction. Even if circumstances dictate a guilty plea, a Tampa criminal defense lawyer still has some tools that eliminate most or all of the collateral consequences of a criminal conviction. In many cases, these options also eliminate some or all of the direct consequences. So, don’t let a criminal charge scare you. There’s usually light at the end of the tunnel, no matter how dark that tunnel is.

Pretrial Diversion

This conviction alternative is available in most misdemeanors. Basically, pretrial diversion is a form of pretrial probation.

Prosecutors agree to suspend the case for a few months, usually about six, while the defendant jumps through a few hoops, such as completing an anger management class in an assault case. After the diversion period ends, if the defendant has complied with all conditions, which usually include staying out of trouble and other restrictive conditions, prosecutors voluntarily dismiss the case before it goes to trial.

Pretrial diversion resolutions may be eligible for sealing. The law is a bit unclear on this point. But this much is very clear. Pretrial diversion resolutions don’t count as convictions, even if the defendant was prepared to plead guilty.

Pretrial diversion is a no-risk option for defendants. At worst, prosecutors simply pick up where they left off.

Deferred Disposition

Deferred disposition, another non-conviction alternative, is fraught with risk, especially for felony defendants. More on that below.

First, let’s discuss the benefits of deferred disposition. The defendant pleads guilty, but the judge doesn’t formally declare the defendant guilty or sentence him/her to anything. Rather, the judge defers those portions of the proceedings until the defendant completes probation.

If the defendant successfully completes probation, the judge dismisses the case. Once again, the defendant has no conviction record.

Now for the risk. Deferred disposition probation has the same requirements as regular probation. If the defendant violates probation in any way, the judge can proceed to adjudication and sentence the defendant to any term of incarceration up to the maximum allowed under the law.

In some cases, the risk is worthwhile, because the payoff is so big. In other cases, the risk is way too much. Only a Tampa criminal defense attorney can accurately assess risk/reward in a specific case.

Motion to Withdraw the Plea

Sometimes, a motion to withdraw a plea is an easy way to clean a criminal record. Defendants have a thirty-day window to move to withdraw their guilty or no contest pleas.

The burden, manifest injustice, is high. Manifest injustice could be ineffective assistance of counsel that affected the plea. But this is very difficult to prove. Usually, the defendant must prove that a Tampa criminal defense lawyer fraudulently induced the defendant to plead guilty.

Additionally, the matter is probably the defendant’s word against the lawyer’s word. Any lawyer who would lie to a defendant to trick him/her into pleading guilty would almost certainly lie to the court again.

Manifest injustice could also be recently-discovered evidence or lack of understanding. That new evidence might be an alibi witness who agrees to come forward or a chemical test whose results weren’t available at trial. LEP (Limited English Proficiency) defendants often don’t understand exactly what’s going on, even if they have translators.

Work With a Tough-Minded Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

csgjusticecenter.org/publications/the-national-inventory-of-collateral-consequences-of-conviction/