If you are trying to seal or expunge a criminal case in Florida, you may or may not need to have a hearing. In most cases, the State Attorney will agree or “not object” to your record being sealed or expunged. There are some cases where a hearing may be necessary. Here are some examples of when the State may object and a hearing will be required:
- The offense was a theft from an employer
- The offense originated as a serious or sexually motivated felony and the case was resolved with a pea bargain to a lesser offense
- The case was dismissed due to a finding of insanity or incompetency
- The particular facts of the case were so egregious that a seal/expunge would not be in the public interest
If the State objects, all is not lost. The Judge will have the final say and if you have a good attorney who knows the law and can argue effectively in court, you will have a much better chance of winning. At a hearing, the State may present witnesses and other evidence to support their position. The witnesses can be cross-examined and the Defendant/Petitioner can also call witnesses and present evidence of their own. It is error for a judge to simply rely on a police report without further corroboration of the facts. Attorney Amanda Sampaio Bova has argued successfully in court to have her client’s petitions to Seal and Expunge granted. It takes both knowledge and experience to achieve favorable results and Amanda has what it takes to get the job done. If you are concerned that your case may end up in a hearing, it wold be a good idea to have an experienced attorney review the case.
CAll or TEXT today for a FREE consultation. 321.800.2400