Tampa Probation & Expungement Attorney
A wide range of penalties and requirements often accompany a criminal conviction. This may include paying fines, serving a period of probation, fulfilling community service, or serving a specific period of jail time. At times, a defendant may have to pursue expungement. Therefore, it is important that you understand the difference between probation and expungements.
Probation is the period of supervision ordered by the court that an offender has to complete. This way, the offender can evade serving time in prison. Not only limited to the above, but probation may also be applicable to those conditionally released on parole. The offender on probation has to follow certain rules and abide by conditions set forth by the criminal court. The offender may face incarceration if found guilty of breaking any of these rules, or fail to fulfill the conditions set by the court or probation officer. Think of it as the court’s way of avoiding exposing an offender to the prison system; it is a second chance. The National Act of 1925 empowered the courts with the right to suspend incarceration and place the offender on probation instead. Probation has different types: supervised, unsupervised, informal, or shock probation. In short, there are certain conditions that the offender has to fulfill to complete probation and avoid a prison sentence. Unfortunately, not everyone will successfully complete these Unfortunately, not everyone will successfully complete these requirements. Omar Abdelghany is a Tampa City attorney who assists those dealing with probation violations and the sealing or expungement of criminal records.
Expungement is a petition that allows a first-time offender to seek the erasure of a prior case and makes the details unavailable through both state and federal records checks. If the expungement is granted, the records are classified as ‘expunged.’ Black’s Law Dictionary defines Expungements of records as a process through which records of a conviction are sealed or destroyed from the criminal justice system. However, it is important to know that the Expungements of records is not the same as a ‘pardon.’
Each Jurisdiction that grants the expungement of records has its own definition of the requirements for the process. Although the expungement of a case means sealing and removing it from the general public view, in some jurisdictions, it may not disappear completely, and may still be at the disposal of law enforcement agencies, judges, and correctional facilities. The requirements to qualify for Expungements vary, and may include:
- a waiting period between the incident and the Expungement.
- no intervening incident in between this time.
- the conviction cannot be of a serious nature
- The sentence is fulfilled completely.
- the incident was disposed of without conviction
- Completion of probation without violations.
There are certain offenses that never qualify for an Expungement, such as:
- Sexual offenses
- Child pornography
- Grooming a minor
- Serious arms and weapon charges
Contact An Experienced Tampa Probation & Expungement Attorney Today
Omar has experience with a variety of criminal matters and can assist you whether you are in a situation in which you have violated probation, are looking to seal your criminal record, or have been ordered to pay restitution due to a theft or other matter. He is also able to assist families in need of a juvenile defense attorney. The first step to starting anew is to ensure that you retain a lawyer that is knowledgeable about the legal process. Contact our office today to schedule an initial consultation.
Omar also serves clients in Bradenton, Brandon, Clearwater, Lakeland, Largo, Palm Harbor, Sarasota, Spring Hill, St. Petersburg and Tampa.