Articles Posted in Seal and Expunge

INVESTIGATION LEADS TO ARREST AND RESIGNATION

According to a report, a Jacksonville firefighter has resigned his employment following his arrest for petit theft.  Firefighter Joshua Williams was arrested on November 22, 2016, subsequent to an investigation by the Jacksonville Sheriff’s Office Integrity Unit. Williams was assigned to a “tactical support unit” keeping himself busy delivering supplies to various fire stations around town.  The Jacksonville Sheriff’s Office had received a complaint regarding several thefts of money at different fire stations throughout town.  It was determined that Williams had been present at the various stations where the money came up missing.  Police set up a sting operation by placing cash inside a fire station’s kitchen area.  The kitchen area was placed under video surveillance.  Williams made a delivery to this station and upon his departure it was determined that $167.00 of cash placed in the kitchen by the police integrity unit was missing.  Police detained Williams at a nearby gas pump and located the missing $167.00.

MARKED MONEY

A common tactic used by Law Enforcement is to “Mark the Bills” or record the serial numbers on cash used in sting operations.  It is especially common in narcotics related investigations where law enforcement purchases illegal narcotics from a drug dealer.  When the drug dealer is arrested the goal is to catch him or her with the same dollar bills handed over by law enforcement.  In the case of Williams, the integrity unit photocopied the bills’ serial numbers before placing them inside of the station’s kitchen.   Since serial numbers are unique, the integrity unit can now show that Williams possessed the stolen money from within the Station’s Kitchen.

AMOUNT OR ITEM STOLEN TYPICALLY DICTATES THE CHARGE

There are several different types of theft charges in the State of Florida governed by Florida State Statute Chapter 812.  The most common are Petit Theft and Grand Theft.  Often times the difference between the charge being a Felony Theft Charge or Misdemeanor Theft Charge is the amount of money the item is valued at or what particular item was stolen.    In Florida if the amount stolen is valued at more than $300.00 the charge involved is Grand Theft, a third degree felony, punishable by up to five years in Florida State Prison.  If the amount is valued at $100.00 or more but less than $300.00 the charge involved is a Petit Theft, a first degree misdemeanor, punishable by up to one year in the County Jail.  If the amount involved is less than $100.00 the charge is Petit Theft, a second degree misdemeanor, punishable by up to 60 days in the County Jail. Certain items stolen are automatically considered Grand Theft regardless of the amount the item is worth.  For example if someone were to steal a firearm, regardless of the value, the individual could face a felony Grand Theft charge.In the case of Williams, he faces a first degree misdemeanor Petit Theft based on the amount of cash stolen totaling $167.00.  It is not known if the Integrity Unit placed more cash inside of the kitchen in an attempt to have Williams steal a felony amount which would be $300.00 or more. Continue reading

Jacksonville can be one of the busiest cities in America, especially during the holiday season. This city is filled with people going here and there, giving and receiving, and stressing for the holiday rush. Unfortunately for some, this time will also include criminal charges, such as shop-lifting or DUI charges. However if one is able to seal and expunge that record, the record may not effect them in the future.

Florida Statutes 943.0585 and 943.059 list the criteria that allow an adult’s record to be sealed and/or expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

Aggravated Assaulti-prac-expung.jpg
Aggravated Battery
Arson
Assault
Murder
Kidnapping
Sex Crimes on a child under 16
Burglary
Robbery Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Carjacking
Stalking
Domestic Battery
Manslaughter
Rape
Any Attempt at the above crimes
The above mentioned crimes cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one’s record, one must first apply for a Certificate of Eligibility. By receiving this certificate of eligibility, one’s record is then allowed to be sealed and/or expunged.

Unfortunately, even if one’s records are sealed and/or expunged, the order to seal and expunge one’s record only applies to the government. There are many ways other than through government agencies that a potential employer might find your records. However, going through the process of sealing and expunging your records can better ensure your chances of complete privacy with your records.

This process can be long and exhausting. Having an experienced Jacksonville criminal defense attorney help one seal and expunge one’s records can speed up the process and make the road not so long and winding.

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The bad economy has led to many issues, one of which is an influx of job applicants into the marketplace. Jobs are few and far between and applicants are doing everything they can to increase their chances. Job seekers with any criminal background are probably put at the bottom of the list. In Florida, during the last fiscal year, sealing and expungment requests have increased dramatically.

If you have been arrested and not convicted of a crime, you may be eligible for a sealing or expunging of your record. If your record is sealed or expunged, your arrest or withhold of adjudication is supposed to be hidden from the public.

Having a Florida criminal lawyer help you in sealing and expunging your record will not guarantee that potential employers will not find your record. When you are arrested in Jacksonville, the arrest is public record. Background companies access the information and hold it in their databases. When a record is sealed or expunged, the order to seal the record is for governmental agencies. Private companies are usually not required to comply with the order and will maintain your record even if government agencies do not.

Our Jacksonville Criminal Defense Law Firm gets many calls about the sealing and expunging of records in Florida. There are certain crimes in Florida that cannot be sealed or expunged. They are:

Aggravated Assault
Aggravated Battery
Arson
Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Kidnapping
Murder
Manslaughter
Rape
Robbery
Carjacking
Sex Crimes on a child under 16
Burglary
Stalking
Domestic Battery
Assault
Any Attempt at the above crimes

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