Law Offices of Russo Pelletier & Sullivan

The Pinellas Adult Pre-Arrest Diversion (APAD) Program

Why am I Being Asked to Participate in APAD?

If you have received a “Notice of Referral” and have been requested to report within 48 hours to the Pinellas County Jail on 49th Street in Clearwater, it is because you have been accused of a criminal offense. A limited number of misdemeanor offenses qualify under the new APAD program and the law enforcement officer ascertained that you may qualify for participation. Your referral to APAD enabled the law enforcement officer to avoid arresting you or issuing you a “notice to appear” in court in lieu of a physical arrest. All aspects of the APAD program are administered by the “Alternative Sentencing Unit of the Pinellas County Sheriff’s Office.

The decision to issue you a “Notice of Referral” was not discretionary on the part of the investigating officer. To the contrary, the terms of the APAD program expressly state that if the crime is one of the approved criminal offenses and the individual otherwise qualifies, the officer “shall not arrest” and “shall issue a notice of referral” to the APAD program.

It is important to understand that the APAD program is very different from the Pre-Trial Intervention Program (PTI). APAD is for people who were not arrested or charged, whereas PTI participants have been arrested or formally charged with a crime and are already involved in the criminal court system.

Where Do I Report & What Do I need to Bring With Me?

You should report to the “Reception Center” of the Pinellas County Jail located 14400 49th Street North, Clearwater, FL 33762. It will be necessary for you to bring the following three items:

1. State issued photo identification;
2. The “Notice of Referral” issued by the law enforcement officer;
3. Proof that you are covered by health insurance. If you are not covered by health insurance, you will be charged a $5.00 insurance fee to cover medical care for any injuries you could sustain while completing your community service requirement.

Why Does the APAD Program Exist?

There have been roughly 45,000 bookings into the Pinellas County Jail each year. (This number includes both felonies and misdemeanors.) The jail maintains a rather steady general population of about 2,800 inmates. Between supervising the jail, the Safe Harbor Homeless Shelter and the misdemeanor probation program, the PCSO has been managing approximately 7,000 people on an annual basis. The APAD program was developed to decrease the number of people booked into the Pinellas County Jail and prosecuted within the Pinellas County Criminal Court System. It commenced operation on October 17th, 2016. Avoiding the costly expense associated with incarceration and court proceedings was a significant factor that motivated local governmental officials to start the Adult Pre-Arrest Diversion Program.  Pinellas officials justify the program in part by contending that it will keep people who commit certain offenses from having a criminal record that could interfere with their  future employment, acceptance into academic institutions and avoid housing or occupational licensing problems.

What Misdemeanor Offenses Qualify for the APAD Program?

• Possession of up to ten grams of marijuana or up to 20 grams if it is clearly established that the marijuana is intended solely for personal use and it does not appear ready for sale
• Possession of marijuana paraphernalia
• Possession of alcohol under 21 years of age
• Petit Theft (Under $300)
• Retail Theft (Under $300)
• Criminal mischief (under $1,000 damage)
• Misdemeanor assault (Non domestic related)
• Misdemeanor battery (Must be no injuries or very minor injuries and non-domestic related)
• Disorderly conduct
• Disorderly intoxication
• Trespass
• Littering

*Multiple qualifying offenses from one incident may be referred to APAD and will be considered one referral.

Am I Eligible to Participate in APAD?

In order to qualify to participate in the program, a “risk assessment” must first be performed by an APAD staff member. It also requires compliance with all of the following conditions:

1. You must admit that you committed the criminal offense, acknowledge responsibility for your actions and accept responsibility;

2. You must agree to make restitution to the victim, if applicable;

3. You must not present a safety risk to others;

4. You cannot have a prior misdemeanor adjudication or withhold of adjudication within the preceding two years;

5. You cannot have a prior felony adjudication or withhold of adjudication within the preceding five years;

6. You must not have participated in APAD within the previous three months;

7. The maximum number of times you can participate in APAD is three times;

8. You must have sufficient ties to the Pinellas County community.

What Will Happen if I Fail to Timely Report to the APAD Office at the County Jail?

You are required to report to 14250 49th Street North, Clearwater (near the Pinellas County Jail) within 48 hours for initial screening by the APAD staff. They are responsible for program placement and for imposing appropriate sanctions. The ADAP office is open 24 hours each day, seven days a week. There is no requirement that you make an appointment.

If you fail to timely report to the APAD office the Pinellas County State Attorney’s Office mandates that the APAD staff forward your case within seven days to be reviewed for conventional prosecution within the court system. Depending on the facts and circumstances of your case, along with a review of the evidence, the State Attorney may elect to proceed with a prosecution or find that prosecution is not warranted.

Your failure to timely report or your subsequent non-compliance with the sanctions imposed in your case will cause you to be permanently disqualified from future participation in the APAD program.

If I Agree to Participate in APAD, What Penalties Can I Expect?

• If it is your first time participating in APAD, you will be required to complete 24 hours of community service within thirty days;
• If it is your second time participating in APAD, you will be required to complete 32 hours of community service within sixty days;
• If it is your third time participating in APAD, you will be required to complete 48 hours of community service within ninety days;

The APAD staff currently has an extensive list of governmental entities and non-profit organizations from which to assign you a place to perform your community service obligation.

Other sanctions are tailored to the particular criminal offense. For example, theft related offenses could require attendance at a “shoplifter's awareness” class. If you are accused of a first time possession of marijuana charge, you will not be required to get drug counseling. However, those individuals caught with marijuana on more than one occasion will be required to attend a drug class. Both the “shoplifter’s awareness class and “drug class” are conducted by the PCSO. As a result, there is no charge for participation. If the crime entailed assault or battery, you may be required to attend an anger management class.  If a victim suffered a financial loss as a result of your conduct, you will be required to make restitution.

What is the Cost of My Participation in APAD?

There are no monthly cost of supervision fees, as the program is currently fully funded by the Board of County Commissioners in the amount of $360,000 as part of the PCSO budget. All programs offered by the PCSO will be of no cost to the participant. However, program services offered by outside entities carry a fee that will need to be paid by the APAD participant.

Will I Have a Criminal Record if I Complete APAD?

If you participate in the APAD program it means that you were not booked into the county jail. Likewise, you were not issued a “Notice to Appear.” As a result:

• No entry about your case will appear on the PCSO website;
• Because no documents associated with your case will be filed with the Pinellas Clerk of the Court, none will be available for viewing by members of the public at the Clerk’s office. In the same vein, there will be nothing reflected on the Clerk’s Odyssey online website service;
• Because you were not formally arrested or charged with a criminal offense, your name will not appear on an FCIC rap sheet maintained by the Florida Department of Law Enforcement;
• Because you were not formally arrested or charged with a criminal offense, your name will not appear on an NCIC rap sheet maintained by the Federal Bureau of Investigation.

Can Anyone Discover My Participation in APAD?

You should not be misled into believing that records of your admission to the crime and participation in the APAD program do not exist and will therefore be unavailable to the public. To the contrary, in order to effectively administer the APAD program, the Pinellas County Sheriff’s Office is required to maintain a database of participants. Without such a database, they would, for example, be unable to determine how many times you have participated in the APAD program, or whether your failure to complete the program in the past makes you automatically disqualified to participate in the future.

Currently, Florida Statutes Section 943.0585 and 943.059 and Florida Rule of Criminal Procedure 3.692 govern the sealing and expungement of criminal records. No provision of law has been enacted to enable the sealing or expungment of records associated with Pinellas County’s APAD Program.

Florida Statute Section 119.01(1) provides that “It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person.”   Thus, although your involvement with law enforcement will not be reflected on an FCIC or NCIC rap sheet, a public records request made to the police agency who issued you the “notice of referral” or to the PCSO who administers the APAD program would reveal information about your case.

What is the Legality of the APAD Program?

Our legal research revealed that legislation for an adult pre-arrest diversion program failed on 3/11/16 under House Bill 1031 and Senate Bill 618. The House of Representatives Staff Analysis for CS/HB 1031 concerning the proposed legislation to create F.S. ss. 901.40 for an Adult Pre-Arrest Diversion Program points out that although pre-arrest diversion programs for juveniles are authorized under Florida law, “Florida law does not specifically address adult civil citation programs or other pre-arrest diversion programs for adults.” It was for this very reason that the legislature felt the need to pass Florida Statute Section 901.40 as an “enabling act” approving pre-arrest diversion programs for adults. Thus, although the Pre-Trial Intervention Program (i.e., post-arrest “diversion”) is authorized by Florida Statute Section 948.08, no statutory approval currently exists for an adult pre-arrest diversion program.

Nevertheless, the failure of the legislation didn’t stop local Pinellas “Stake Holders” (the State Attorney, local police chiefs, Clerk of Court, Chief Judge and the Public Defender) from creating APAD by entering into a (MOU) Memorandum of Understanding.  It is interesting to note that the Pinellas Association of Criminal Defense Lawyers, The Florida Association of Criminal Defense Attorneys, nor the Pinellas County Board of Commissioners were included as “Stakeholders.”

A memorandum of understanding (MOU) “describes a bilateral or multilateral agreement between two or more parties. It expresses a convergence of will between the parties, indicating an intended common line of action. It is often used in cases where parties either do not imply a legal commitment or in situations where the parties cannot create a legally enforceable agreement.”(Emphasis added)

Pinellas County and local municipalities could have legally enacted non-criminal civil citation laws as Hillsborough County recently did for Possession of Marijuana offenses. However, Pinellas County Government officials chose not to do so. The Pinellas  (MOU) is an agreement to ignore Florida Law as it pertains to the prosecution of certain misdemeanor offenses. The stakeholders appear to be agreeing to “look the other way” when it comes to certain misdemeanor crimes. They also have agreed amongst themselves not to interfere with law enforcement’s plans for the APAD Program. It is, in essence, saying “I won’t complain, if you don’t complain.” 

Does The Victim Have Any Input?

There are further potential legal problems with respect to the APAD program as it pertains to victims. Six of the twelve qualifying offenses typically involve a victim. Yet, unlike the PTI program, the victim is not asked if they object to the accused’s participation in APAD. In fact, such an objection is “irrelevant” to the participant’s eligibility and plays no factor whatsoever in the case. The program solicits no input from a victim other than for an APAD staff member to inquire about the amount of restitution due. In the event of a dispute over the restitution amount, no process or procedure is available to reconcile the issue. If the accused simply fails to pay the restitution, there is no opportunity for a judge to order a default judgment in favor of the victim. In fact, the only remedy available to the APAD staff is to declare the accused “unsuccessful” in completing the terms of the program. His only penalty for failure to meet the restitution requirement  will be that he is forever thereafter precluded in the future from participating in the APAD program. If more than seven days have passed since the date of the original incident, referral to the State Attorney’s office for prosecution is prohibited. 

The failure to fully involve a victim in the APAD process appears to be in direct conflict with the spirit, purpose and intent of Section 16, Article 1 of the Florida Constitution and Florida Statute Section 960.0021. The “Victim Rights” afforded by this legislation affords victims the absolute right to be informed, heard and to also make an oral or written impact statement. Florida Statute Section 960.001 provides a host of additional mandatory requirements associated with crime victims.

Will All People Have Equal Access to APAD?

Because this was a locally created program, as opposed to a state wide initiative, there are inherent problems:

1. If a qualified individual is caught committing one of the specified offenses he is on track to avoid arrest unless the investigating officer is a member of the Florida Highway Patrol. That particular law enforcement agency has not agreed to participate in APAD. The absence of a state law governing the parameters of a pre-arrest diversion program gives the FHP the right to continue  arresting individuals for the very same crimes the FHP’s local counterparts are writing APAD Notice of Referrals;
2. Let’s say Spring Break season arrives and Pinellas County gets its anticipated influx of celebrating college students. If a University of Florida college student from Gainesville is observed smoking marijuana on St. Pete Beach with a local St. Pete USF student, the investigating PCSO Sheriff Deputy will be forced to treat each person differently. The USF student avoids arrest, but the UF student lacks local ties to the community and is now saddled with a criminal record. If you are a local Pinellas County resident, you avoid arrest and prosecution. But if you are a tourist or snow bird and violate the law, you will arrive on vacation and leave on probation.

The Separation of Powers Problem

The government of the United States and the State of Florida is based on the concept of “limited government,” also referred to as a system of “checks and balances.” Generally, this principle is illustrated by the fact that the government is divided into three different branches, each with its own powers and responsibilities. The Legislative Branch is responsible for creating the law, the Executive Branch is responsible for enforcing the law, and the Judicial Branch is responsible for administering and interpreting the law. Because each branch of government has its own duties and powers, none of the branches of government can become all powerful or in full control of any one aspect of the law.

The APAD Program fundamentally violates the Separation of Powers doctrine because it establishes law enforcement as the creator, enforcer, and administrator of the law. In essence, the “stake holders” have, without the authorization of the Florida Legislature, designated certain misdemeanor offenses that are no longer “crimes” in the practical sense and decided that they will simply not make an arrest despite the existence of probable cause to believe a crime has been committed. The police then administer the law through a system of “punishments” or “sanctions” designed by the very same agency that made the accusation of criminal conduct. The court system is completely circumvented, along with all of the protections afforded by the U.S. Constitution, the Florida Constitution, the Florida Statutes, and 240 years of legal jurisprudence. Said another way, the APAD Program is a method for law enforcement to accuse a person of a crime, extract an admission of guilt, impose a punishment, and then ascertain whether the participant fulfilled the terms of the punishment. The fear of a system that operates in this manner has long found expression in the saying, “Judge, Jury, and Executioner.”

In Constitutional Law, a violation of the Separation of Powers by one branch of government into the affairs of another branch of government is referred to as “encroachment.” Historically The U.S. Supreme Court and the Florida Supreme Court have shown very little tolerance for efforts to drain power from one branch of government for the purpose of consolidating it in another branch.

Violation of Constitutional Rights

The United States Constitution and the Florida Constitution guarantee certain rights to every person who is accused of a crime. These rights were not arrived at by accident. Rather, the bitter experience of the founding fathers during the colonial period leading up to the American Revolution caused them to enshrine these protections in the document that set forth how the United States was to be governed forever after. The founding fathers had seen first hand how forced confessions, deprivation of legal counsel, and secret courts had been used as effective instruments of oppression and tyranny.

The APAD Program runs afoul of many of the protections that are guaranteed by the U.S. and Florida Constitutions. These problems include:

• No right to counsel (A violation of the sixth amendment);
• Requiring a confession or admission to a police officer at the time of the investigation in order to avoid arrest (a violation of the right to remain silent found in the fifth amendment, commonly referred to as “Miranda Warnings”);
• Treating similarly situated people differently (a violation of equal protection as found in the 14th amendment);
• Selectively prosecuting/arresting certain misdemeanor offenses while “diverting” other misdemeanor offenses arbitrarily (a violation of due process protections in the fifth amendment and equal protection as found in the 14th amendment); and
• Imposing a punishment without providing an individual with the right to examine the evidence against him, confront witnesses, or otherwise contest the charge (a violation of the fifth, sixth, and fourteenth amendments).

The Legal and Practical Questions Raised by the APAD Program are Cause for Concern

• The questionable authority in creating the original APAD program absent enabling statutory legislation;
• The failure of the program to be employed by all law enforcement agencies empowered with enforcing the law within Pinellas County;
• The program’s failure to properly address the rights of crime victims;
• The failure to make the program available in an equal and fair manner to all persons accused of a “qualifying” criminal offense within the borders of Pinellas County;
• The encroachment of the executive branch (i.e., law enforcement) into the judicial branch;
• The routine violation of due process, right to counsel, and the right to remain silent that is inherent in the program;
• The securing of a coerced admission to the crime based on a promise that if the accused person admits to the offense he will avoid arrest; and

Ask a Police officer or Sherriff’s Deputy What They Think of the New APAD Program

You are likely to get an ear full. Common comments include “Who gives the Sheriff of any county the right to supersede state law?”  Police officers will tell you about the cumbersome and time consuming nature of the APAD program and its ramifications on victim’s rights. They are also full of “war stories” where an individual’s criminal conduct was egregious and clearly underserving of diversion. Yet, because of the lack of discretion on the part of the cop and the mandatory eligibility aspect of the program, the officer had no choice in the matter but to let the offender walk away.  If you do not have the opportunity to speak to a law enforcement officer, you can get a feel for their distaste of the APAD Program by clicking the “Read Comments” link  and viewing their online discussions.

Does Our Law Office Provide Legal Representation for APAD Clients?

No.

Our office is comprised of three highly experienced criminal defense attorneys. Each of us previously served as a state prosecutor. We only represent clients who have been formally arrested or charged  with DUI, misdemeanor and felony offenses. Because the APAD Program does not involve the court system and is, in our opinion, not authorized by Florida Law, we are unable to offer any help or advice to individuals who find themselves given a “Notice of Referral.”

 

Aggressive Criminal Defense
St. Petersburg – Clearwater – Pinellas

 

Call a Former State Prosecutor! 

 

Free Consultation with a Criminal Defense Attorney
(727) 578-0303

For More information...

See Our Criminal Defense Website
See Our Prescription Drug Website
See Our Extensive Pinellas DUI Website

Related Links:

Ambitious Criminal Justice Reform Program
Juvenile Civil Citation Statute

 

Technorati Tags: Pinellas,adult pre-arrest diversion program,APAD,notice of referral,jail,Clearwater,misdemeanor,law enforcement officer,notice to appear,arrest,crimes,pre-trial intervention,felonies,PTI,prosecutions,criminal court,marijuana,paraphernalia,alcohol,petit theft,retail theft,criminal mischief,assault,battery,disorderly conduct,disorderly intoxication,trespass,risk assessment,restitution,victim's rights,adjudication,conviction,withhold of adjudication,state attorney's office,evidence,sanctions,penalties,community service,shoplifter's awareness,anger management,drug counseling,board of county commissioners,criminal record,clerk of court,odyssey,FCIC,NCIC,Florida Department of Law Enforcement,Federal Bureau of Investigation,database,florida statutes 943.0585,943.059,119.01,Florida Rules of Criminal Procedure 3.692,public records request,house bill 1031,senate bill 618,CS/HB 1031,florida statute 901.403,juveniles,enabling act,florida statute 948.08,stakeholders,police chief,chief judge,public defender,memorandum of understanding,MOU,Pinellas Association of Criminal Defense Lawyers,Florida Constitution Sec. 16 Art. I,Florida Statute 960.0021,Florida Statute 960.001,equal protection,avoid arrest,Florida Highway Patrol,FHP,state law,separation of powers,fifth amendment,sixth amendment,fourteenth amendment,legislative branch,executive branch,judicial branch,florida legislature,probable cause,punishments,Florida Constitution,United States Constitution,right to counsel,confession,miranda warnings,due process,accused,criminal offenses,defense attorney

 

What is the Difference Between Sealing and Expungement of Criminal Records in Florida?

For nearly three decades the lawyers in our office have been engaged in the sealing and expungement of criminal records arising out of Pinellas County. During that time period, the laws have changed, as have the procedures for seeking this relief. It is important to note that not all states provide for the opportunity to essentially “erase” an arrest or criminal prosecution. It is only because of the grace of the Florida legislature, that this opportunity exists in Florida. For this reason, eligibility is strictly governed by state statute, along with compliance with the Florida Rules of Criminal Procedure.

Sealed: If a criminal record is “sealed” governmental agencies must deny the existence of the record and they are prohibited from disseminating any information regarding the record;

Expunged: If a criminal record is “expunged” all governmental agencies, with the exception of the Florida Department of Law Enforcement, are required to literally destroy all records. 

Is There Much of a Difference?

From a practical standpoint, some would argue that there is very little difference in getting your records sealing under Florida Statute Section 943.059 versus having them expunged under Florida Statute Section 943.0585. Under both circumstances, you would be restored to the position you occupied before you were arrested or charged with a criminal offense. With some limited exceptions, under both scenarios you would be able to lawfully deny that you were ever arrested or charged with that offense. 

Some clients feel more comfortable knowing that their criminal records have been destroyed. However, to have your record expunged you must satisfy a stricter criteria:

1. Your case can not have resulted in a withhold of adjudication, unless the records have previously been sealed for a period of ten years with no intervening convictions;
2. Your case resulted in a “no Information,” dismissal or Nolle Prosequi., and
3. You otherwise meet all of the other qualifications associated with the “sealing” of your criminal records.

It is seemingly unfair, that if you were acquitted of the charge by having been found “not guilty” of the criminal offense, you are initially only eligible to have your records “sealed.” Florida Statute Section 943.0585(2)(a)(2).

How it Works

When the Pinellas County Circuit Court grants a petition to seal or expunge your criminal records a certified copy of that court order is sent to the following governmental agencies directing them to immediately remove from public view or physically destroy their records:

• Pinellas County Clerk of Court
• Pinellas County State Attorney's Office
• The Local Law Enforcement Agency that arrested you
• The Florida Department of Law Enforcement (FCIC rap sheet)
• The Federal Bureau of Investigation (NCIC rap sheet)

Commercial Data Gathering Services

It is important to note that the Court’s Order to Seal only pertains to “official” records. Any information gathered from public record sources by commercial data gathering services before the record was sealed or expunged is not subject to the Court order. As such, despite the Court order, it is possible that information concerning your case could subsequently appear on computer generated commercial data gathering reports. We have found that most of these commercial reports that list an arrest history use cautionary language such as “possible criminal records”. They also typically includes a caveat that employs language to the following effect: “The commercially available data sources used on these reports have errors. Data is sometimes entered poorly, processed incorrectly, and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified.”

Independent verification would of course require access to, and review of, the official Court records. However, if your records were sealed or expunged, those official records are no longer accessible to any inquiring member of the public. Accordingly, should an individual or business attempt to verify commercial background data against the Court’s official records, such an effort should result in a finding or conclusion that the commercial data must be in error.

Arrest Data on the Internet

If information about your case appears on the Internet, a court ordered sealing or expungement is not going to cause the data to be removed. It must be remembered that the court order only applies to “official” records. The Pinellas judge has no jurisdiction to direct a private party or commercial entity to remove online data.

As you may have already ascertained, shady Internet entrepreneurs will sometimes take advantage of your misfortune and the easy availability of online arrest data. In the past, they have secured booking information from the Pinellas County Sheriff’s Department and case progress data from the Clerk of Court. Some of these online “mugshot” companies who act in good faith will voluntarily remove the data if you provide them with a certified copy of the court order sealing or expunging your records. Others, will likely hold you at ransom and attempt to extort a fee from you before they agree to remove the data. Much of this problem was alleviated in January of 2014 when the Pinellas County Sheriff Bob Gualtieri announced his agency’s decision to no longer publish online booking photos. See: Pinellas Sheriff Removes Online Booking Photos to Stamp Out Mugshot Websites.

Criminal Charges we Routinely Seal or Expunge

Felony Drug Charges
Grand Theft
Retail Theft
Prescription Fraud
Doctor Shopping
Possession of Marijuana
Auto Burglary
Grand Theft Auto
Domestic Battery
Bad Checks
Solicitation of Prostitution
Exposure of Sexual Organs
Criminal Mischief
Disorderly Conduct

Call us to See if You Qualify

Our clients are minimally involved in the sealing and expungement process. Normally, they are not required to attend any court appearances in connection with this remedy. In fact, you can simply call us on the phone to determine your eligibility. We are lawyers who will review the online court records and ask you a few questions to see if you qualify. Typically, we can advise you right over the phone if you are a good candidate.

We are Attorneys who Defend Criminal Charges Arising out of St. Petersburg / Clearwater / Pinellas County.

Call a Former State Prosecutor! 
Free Consultation
(727) 578-0303
Visit our Website: Defenshelp.com

Related Links:

Seal Your Criminal Record and Land That New Job
College Admission Offices Begin Checking Criminal Backgrounds
How to Seal or Expunge Pinellas Criminal Records
Do Employers Run Criminal Background Checks?
The Sealing and Expungement of Juvenile Criminal Records
Tough Job Market Motivates People to Seal Criminal Records
Bill Expunging Certain Juvenile Records Clears First House Panel

Click Camera Icon to Watch a Pinellas Record Sealing Video

Technorati Tags: Sealing,expungement,criminal,records,difference,Florida,Pinellas,laws,arrest,sealed,expunged,Florida Department of Law Enforcement,943.059,943.0585,offenses,destroyed,withhold of adjudication,convictions,no information,dismissal,nolle prosequi,qualifications,petition,clerk of court,data,Internet,judge,booking photos,mugshots,lawyer,attorney,St. Petersburg,Clearwater,eligibility

Are Florida Juvenile Records Sealed or Expunged?

What is a Juvenile Arrest Record?

When a juvenile is arrested for a felony or certain misdemeanor offenses, Florida Statutes Section 985.11 requires the arresting officer to secure a photograph and fingerprints. Law enforcement is also required to document information about the nature of the arrest. The police agency is under an obligation to forward the prints and information concerning the charges to the Florida Department of Law Enforcement.

The legislature, through Florida Statute Section 985.11(1)(b), has vested police agencies with the discretion to send information regarding all juvenile arrests to the FDLE, regardless of the nature or severity of the criminal charge. As a result, most Florida police agencies have adopted the practice of routinely sending information on every juvenile that is arrested.  Therefore, if you get arrested as a juvenile, regardless of the charge, FDLE is more than likely going to find out.

When FDLE acquires this juvenile arrest information, Florida Statute Section 943.05, requires them to store the data in the Florida Computerized Criminal History (CCH) database. At the conclusion of your criminal case, the Department of Juvenile Justice (DJJ) is mandated by Florida law to notify the FDLE about the official outcome. In other words, the DJJ will tell the FDLE if you were adjudicated delinquent, had adjudication withheld or if you were found not guilty. The FDLE will also be advised if you had the charge dismissed or received a “nolle prosequi” as a result of your successful completion of a diversion program or “plan.”

Juvenile Adjudication of Delinquency Not a Criminal Conviction

For purposes of criminal traffic matters, (for example, DUI, Reckless Driving, Leaving the Scene of an Accident, etc.) a juvenile offender is always treated as an adult. But for all other criminal charges, the matter will be handled in the juvenile court system unless special proceedings occur to try the juvenile as an adult. It is noteworthy that, unless a juvenile offender has his case certified to adult court and is subsequently sentenced as an adult, he never suffers a “criminal conviction.” Florida Statute Section 985.35(6) expressly provides that an “adjudication of delinquency” is not a criminal conviction. Unfortunately, most people outside the criminal justice system equate the two terms as being one and the same. To further the myth and muddy the distinction, it has been our experience that juvenile arrest entries appearing on FDLE prepared rap sheets fail to properly use the term “delinquency” when referring to juvenile court dispositions.

The Old Concept of “Youthful Indiscretions” Has Died

Most people would agree that youthful indiscretions should not be a matter of public record. Our office also believes that a mistake made by a young person should not act as a permanent bar for this individual to later become a productive member of society. After all, the objective of the juvenile court system is to seek rehabilitation. On the other hand, the adult criminal justice system is designed to impose punishments. Despite the apparent “common sense” nature of this proposition, many young adults are having employment opportunities jeopardized by a past youthful indiscretion for which they demonstrated rehabilitation. There is no question that computers in this age of the Internet is the leading cause. A juvenile arrest that has not yet been sealed or expunged could likely cause collateral damage to a young persons efforts to achieve a higher education or gainful employment. See: Colleges Get Smart About Applicants’ Criminal Arrest Records and Seal or Expunge Your Pinellas County Criminal Record and Land That New Job.

Who Has Access to My Juvenile Court Records?

If you visit the Pinellas County Clerk of Court of Court at the Clearwater Justice Center, they will be happy to provide you with the opportunity to inspect and copy documents from any adult file. However, if the adult individual retained an attorney to seal or expunge his criminal records, the clerk will inform you that “no records exist for the person you are inquiring about.”

The Clerk will not permit general members of the public to have access to a juvenile’s “criminal court files.” However, you will have access if you are the accused, the “attorney of record” who represents the juvenile, or a parent/guardian.  Police officers and Juvenile Justice agencies can view juvenile court records. In addition, District School Superintendents and a variety of state agencies involved in the assessment and treatment of juveniles are permitted access. There is also a rather lengthy list of carved out statutory exceptions for others to gain access to this sensitive information. See: Florida Statutes Sections 985.045(2); 985.04(1); 943.0542.

Who has Access to My Juvenile Arrest Records?

Until 1994, Juvenile criminal records held by law enforcement agencies were well guarded and considered sacrosanct. Thereafter, legislation radically changed the confidentiality of juvenile records.

Law enforcement agencies in Florida are now permitted to disclose felony juvenile arrest information and associated court dispositions to any inquiring member of the public. See: Florida Statute Section 985.04(2)  They can also disclose criminal traffic matters and arrest information for any juvenile who committed three or more misdemeanors. (So long as these misdemeanor offenses occurred at least 45 days apart from each other.) The information available to the public includes the juvenile’s name, photograph, address, criminal charge, the police report and the final court disposition of the case.

 The Florida Department of Law Enforcement currently sells a $24.00 online service to the public that provides instantaneous access to juvenile arrest history information from the (CCH) database. Lawyers refer to these documents as “FCIC rap sheets” and they include both juvenile and adult arrest record histories.

It was the legislature’s obvious intent that FDLE be limited to the type of juvenile arrests it was permitted to reveal. However, our office has determined that the FDLE  routinely and liberally reveals juvenile arrest information that it should not. The automated online system requires no interaction with a live FDLE employee. As such, the selling of this arrest data likely represents a highly profitable revenue source for this agency. For this reason, if you believe that your juvenile record should not be subject to public disclosure, we recommend that you invest $24.00 for an online FDLE FCIC/CCH report to see if that agency has improperly disclosed your juvenile arrest data. 

When Does a Juvenile Record Go Away?

It is a common misconception that juvenile records in Florida simply disappear when the individual reaches the age of 18.

Below you will find a more accurate statement of the Law:

• Juvenile records are automatically expunged when the individual reaches 24 years of age, unless the person was previously classified as a serious or habitual juvenile offender, or he had been committed to a juvenile correctional facility or juvenile prison under chapter 985. Florida Statute 943.0515(1)(b);
• Juvenile court records are automatically expunged at the age of 26 if the individual was previously classified as a habitual or serious juvenile offender, or he had been committed to a juvenile correctional facility or juvenile prison under chapter 985. Florida Statute 943.0515(1)(a);
• If a person is 18 years or older and is charged with or convicted of an adult forcible felony charge, they forfeit the opportunity for an automatic sealing of their previous juvenile record. The juvenile records are thereafter permanently added or merged to their adult criminal record history. See Florida Statute 943.0515(2)(a).

Getting Your Pinellas Juvenile Record Sealed or Expunged

Many clients suffer adverse consequences if they are forced to wait until their 24th birthday to benefit from the automatic expungement provisions provided under Florida law. A young person’s life between the ages of 18 and 24 is generally perceived to be one of personal growth and maturity. It is typically a time spent exploring different areas of interest in their effort to find a lifelong occupation of genuine interest or passion. Further education and/or “stepping stone” jobs during this time of their life are critical to creating future opportunities. Not surprisingly, the disclosure of a juvenile arrest record can stand in the way and force the individual in a direction that is far less desirable.

There are three standards of eligibility for the sealing or expungement of juvenile criminal records:

FDLE Expungement of Juvenile Record After a Diversion Program

Florida Statute 943.0582 permits your lawyer to pursue this remedy in an administrative fashion that side steps the involvement of the juvenile court judge. Although the general public does not have access to juvenile court records, juvenile arrest and court disposition data is routinely sold online by the FDLE. Thus, this remedy is particularly valuable in keeping the juvenile criminal record from public dissemination.  

1. The juvenile must have successfully completed the Diversion Program;
2. The juvenile must seek the expungement within twelve months of completion of the diversion program;
3. The original charge must have involved a “non violent misdemeanor” offense. Note: A simple assault or battery is considered a ‘non violent” misdemeanor unless it was domestic related;
4. The juvenile is precluded from having the expungement ordered if he has previously been “charged with,” or “found to have committed” any criminal offense.

Court Ordered Expungement of Juvenile Records

Florida Statute 943.0585 permits your lawyer to pursue this remedy if you didn’t have the benefit of participating in a diversion program or you missed the twelve month window of opportunity associated with the FDLE expungement discussed above. Florida Statute Section 943.0582(5) likewise affords you the opportunity to expunge a juvenile charge, despite previously taking advantage of an FDLE expungement for an earlier offense.

1. The juvenile must not have been adjudicated delinquent for having committed any felony offense or a misdemeanor offense of assault; battery; petit theft, carrying a concealed weapon or the open carrying of a weapon;
2. Must not have been adjudicated delinquent for the offense that the juvenile wishes to seal.
3. The juvenile’s charge must have resulted in a “no petition,” “dismissal” or “nolle prosequi”;  
4. The juvenile has never obtained a prior sealing or expungement through a court order.

Court Ordered Sealing of Juvenile Records

Florida Statute 943.059 permits your lawyer to pursue this remedy if you didn’t have the benefit of participating in a diversion program or you were never adjudicated delinquent.

1. The juvenile must not have been adjudicated delinquent for having committed any felony offense or a misdemeanor offense of assault; battery; petit theft, carrying a concealed weapon or the open carrying of a weapon;
2. Must not have been adjudicated delinquent for the offense that the juvenile wishes to seal. 
3.The juvenile’s charge must have resulted in a “withhold of adjudication” or an “acquittal” after trial;
3. The juvenile has never obtained a prior sealing or expungement through a court order.

Benefits of Sealing or Expungement of Juvenile Records

From a practical stand point, there is little difference between the sealing and expungement of a juvenile criminal record. In the first instance, the criminal records are sealed from public view and dissemination. In the second circumstance, they are physically destroyed. However, Florida Statute Sections 943.0585(4) and 943.059(4) provide that a juvenile who has his record either sealed or expunged, under most circumstances “may lawfully deny or fail to acknowledge the arrest covered by the sealed or expunged record.”

Having your juvenile criminal records either sealed or expunged removes the stigma associated with having been involved with the police and the criminal justice system. In most cases, it restores you to the position you occupied before being arrested or charged. It is designed to put you on an equal footing so that you can more productively move forward in your life.

Call Us to Determine Your Eligibility

If you have a juvenile arrest record that arose out of St. Petersburg, Clearwater or another area in Pinellas County, we are lawyers who can help. Give us a call and we can determine your eligibility for a record sealing or expungement right over the phone.

At Russo & Russo, we are experienced Attorneys who handle juvenile criminal cases arising out of St. Petersburg, Clearwater, and the Pinellas County area.



Former State Prosecutors
Visit our Pinellas County Juvenile Lawyer Website Page 
Call to Schedule a Free Consultation: 727-578-0303

 

Visit our Criminal Defense Website
Visit our DUI Defense Website
Visit our Prescription Fraud Website
Visit our Personal Injury Website
Visit our Social Security Disability Website

Related Links:

How to obtain records associated with Pinellas County adult criminal cases
Searching the online database of inmates held in the Pinellas County Jail
How to avoid publicity after a Pinellas County arrest
Juvenile Cases Can Delay Right to Own a Firearm

Technorati Tags: Florida,juvenile,arrest,records sealed,seal,expungement,felony,misdemeanor,offenses,985.11,police officer,law enforcement,FDLE,Florida Department of Law Enforcement,943.05,(CCH),FCIC,diversion programs,plan,delinquent act,adjudicated,adudication withheld,conviction,985.35,criminal,rap sheets,public record,court,Pinellas,Clearwater,St. Petersburg,files,attorney,lawyer,985.045,985.04,943.0542,histories,computerized criminal history database,943.0515,943.0582,943.0585,943.059

For Some... Age 24 Requirement to Own, Use or Possess a Firearm in Florida

 

It is fairly common knowledge that “convicted” felons are unable to lawfully possess a firearm. More specifically, Florida Statute Section 790.23  makes it “unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device,” if that person has previously been convicted of a felony. However, what most people don’t know is that if you are under the age of twenty-four, the absence of a felony conviction is not the only prerequisite to enjoying your Second Amendment right to keep and bear arms.

The Under 24 Years Old Exception

If you are currently under the age of 24, but when you were a minor you “committed” a delinquent act that would be a felony if it had been committed by an adult, then pursuant to Florida Statute Section 790.23(1)(b) it is unlawful for you to own, use or possess a firearm. To make matters worse, because of your youthful indiscretion, your subsequent possession of a firearm before your twenty-fourth birthday would subject you to prosecution for a second degree felony offense. These criminal charges are punishable by up to fifteen years in prison and a $10,000.00 fine. See: Florida Statute Section 775.082(3)(c) and  Florida Statute Section 775.083(b). 

A Conviction in Juvenile Court is Not a Necessary Prerequisite

It would appear that the Florida legislature went out of their way to use the word “committed” as it pertains to juvenile offenses. In other words, an “adjudication of delinquency” is not a necessary prerequisite for the automatic imposition of the “under 24 years old” temporary firearm possession ban. In our criminal court system, an “adjudication of delinquency” is not the equivalent of finding that the child committed the delinquent act. To the contrary, the “adjudication of delinquency” is the mechanism by which the court empowers itself with the ability to impose a more restrictive sentence. For example, an “adjudication of delinquency” would be necessary to sentence the child to a secure detention facility. Where the court “withholds formal adjudication of guilt, the court has already made a finding that the the offense was “committed.” See: Florida Statute Section 985.228(4). The “withholding of adjudication” is simply a method by which the court can impose a non residential disposition best suited toward a rehabilitative goal.

Adult Offenders vs. Juvenile Offenders

Florida Statute Section 790.23 provides that an adult must be a “convicted” felon before he is forever prohibited from possessing a firearm. Whereas, it only need be shown that a juvenile “committed” the equivalent of a felony offense before he is subjected to the “under age 24” temporary ban.  Therefore, an individual facing a felony offense in adult court who receives a withhold of adjudication would not have to wait until they were 24 years of age. (Although they would have to wait until they finished serving any probationary sentence imposed.) It is also noteworthy to mention that eligibility for a Florida Concealed Weapon or Firearm License requires that three years have elapsed since the probation and other court conditions have been fulfilled. However, there is a provision in the law whereby you can avoid the three year wait by having us  get your arrest record sealed.)

On the other hand, a minor prosecuted in juvenile court for the equivalent of a felony offense who receives  a “withhold of adjudication” (as opposed to an “adjudication of delinquency”) would nevertheless be required to wait until their 24^th birthday before he can lawfully possess a firearm. The withhold of adjudication may have avoided a formal conviction, but it is viewed by the legislature as not excusing the fact the offense was still “committed.” As might be expected, the Florida Department of Agriculture & Consumer Services, Division of Licensing will not issue a Concealed Weapon or Firearm License until that same individual has reached 24 years of age.

Is the “Under Age 24” Firearm Ban Constitutional?

One might think that the unequal treatment between adult offenders and juvenile offenders might be unconstitutional. However, Florida’s Second District Court of Appeals in State v. Menuto  upheld the constitutionality of the “Under Age 24” firearm prohibition. The reasoning behind the Florida legislation is said to be that juvenile sentencing is designed to rehabilitate and adult sentencing is designed to punish. The Menuto court found that requiring the minor to wait out an additional time period before he could lawfully possess a firearm both furthered rehabilitation and provided protection to the public.

Not Waiting Until Age 24 Could Result in a Lifetime Firearm Prohibition

Getting arrested for unlawfully possessing a firearm can have long term ramifications. In 2004, new legislation took away much of a judge’s discretion to withhold adjudications of guilt in second degree felony cases. See: Florida Statute section 775.08435(1)(b)  If you are prohibited from possessing a firearm until age 24 because of your past involvement with the Juvenile Criminal Justice System and you are subsequently convicted of unlawful possession, you could likely end up a convicted adult felony offender. This would prevent you from possessing a firearm for the entirety of your life.

We are experienced Pinellas County Attorneys who represent clients charged with DUI and other criminal offenses arising out of the St. Pete & Clearwater area.  

Former state prosecutors who can help!
Free Consultation: 727-578-0303

Our Criminal Defense Website: www.defensehelp.com
Our DUI Website: www.duistpetersburglawyer.com
Our Prescription Fraud Website: www.floridaprescriptionfraud.com

Related Links

The decision Whether to Hire a Lawyer After Your Child’s Arrest
Protect Your Concealed Weapons Permit After a Domestic Violence Arrest
Federal Law Bars Gun Ownership After a Domestic Violence Conviction 
Learn the Impact of a Felony Conviction
Typical Concerns of First Time Offenders
How a Pinellas Juvenile Criminal Defense Attorney Can Help

 

Technorati Tags: firearm,possession,florida,st. petersburg,clearwater,pinellas,convicted,felons,felony,790.23,delinquent act,790.23(1)(b),unlawful,withold,adjudication,delinquency,985.228(4),24 years of age,minor,child,State V. Menuto,775.08435(1)(b),attorney

Do All Employers Run Criminal Background Checks?

On June 12th, The Wall Street Journal reported that when most employers were asked if they conducted criminal background checks, the overwhelming  response was “YES.” The newspaper found that that not only has there been an increase by the government in conducting criminal background checks, but that private industry employers were also following this trend. In fact, The WSJ cited a recent Federal discrimination lawsuit that revealed a study by the Society of Human Resource Management which found a whopping 92% of all employers now use criminal background checks for some or all job openings within their company.

Rejecting a Job Applicant Based on Their Criminal Record

No federal laws exist that prohibit an employer from inquiring about your previous arrest or conviction for a criminal offense. However, on April 25th, 2012, the U.S. Equal Employment Opportunity Commission established guidelines for employers associated with their employee screening and hiring practices. Although the EEOC does not prohibit employers from using criminal background checks, it does urge them not to summarily deny employment to an applicant solely upon the finding of a record of arrest. Rather, employers are encouraged to consider:

1. The nature and gravity of the criminal charge?
   For example, the employer should have a legitimate concern regarding someone who has a criminal record involving dishonesty, when the employment tasks include the employee’s handling of money or other valuables. Likewise, someone with a record of past violent behavior is likely to be deemed an inappropriate fit for a job that entails regular contact with members of the public;
2. The Type of Workplace?
   A criminal record associated with illegal drug possession might be cause for concern in a position where an employee’s impairment could jeopardize safety on the job. Likewise, some places of employment are subject to state laws that ban the hiring of someone who was convicted of a felony charge or certain misdemeanor offenses. For example, workplaces such as hospitals, schools, or daycare centers.
3. The period of time that has lapsed since the arrest? 
   If a significant period of time has passed without new or additional arrests, this could show rehabilitation and suggest that the individual is worthy of having the employer overlook the blemish. The same philosophy could hold true where the offense was committed while the applicant was a youth and simply exercised poor judgment because of his naivety and a lack of life experience.

Background Checks as Part of The Job Application Process

To request a background check, an employer typically requires the job applicant to sign a disclosure and authorization form. Where the employer’s job screening guidelines are overreaching and inappropriate, the EEOC provides protection against discrimination. See Forbes.com’s article, “The 10 do’s and don’ts of conducting employee background checks. However, from a practical standpoint, bringing a federal lawsuit is a long road for someone who simply wants to quickly get back to work and become a productive member of society.

Easy Access to Arrest Data by Employers

The “information age” and creation of online websites associated with law enforcement agencies and the Clerks of Court, have resulted in easy access to arrest records. Both employers and firms offering background check services can quickly search data bases which can confirm a previous arrest. See: Employment Screening Resources, Inc. and HireRight.  In addition, there has been a proliferation of mug shot and arrest record websites built with data culled from from governmental online sources. These companies “hold you hostage” to their world-wide publication of sensitive data, unless you are prepared to pay a fixed fee to have your photo and criminal arrest information deleted from their sites. See: Lawsuit goes after ‘extortion’ mugshot websites.’; Lawmaker Takes Aim at Mug Shot Websites and Digital Extortion.

Plenty of Job Applicants From Which to Choose

The popularity of criminal background checks appears to have been fueled by our recent recession. There are often many applicants for only a limited number of job openings. This translates into a significant advantage on the part of employer. In other words, they can afford to be choosey.

The employer’s hiring philosophy is often, “why take a chance with someone who has a criminal record, when I have plenty of other applicants to choose from who are “squeaky clean?” Let’s face it, an employer may tell you that you were denied the position because you were unqualified. In fact, he could contend you were passed over for any number of reasons. On the other hand, he could be honest and tell you that it was your criminal record that cost you the job. The problem is, regardless of the explanation provided by the employer, someone else got the job.

Cleaning the Slate by Having Your Criminal Record Sealed

-- Put Your Job Application on an Even Playing Field --

Except for a few narrow circumstances, Florida law permits a person who has had their criminal records sealed or expunged to truthfully and lawfully deny that they were ever arrested or charged with a crime. More importantly, a sealed or expunged criminal record is no longer accessible to employers, background check firms, licensing authorities, or the general public. 

Having a record sealed or expunged results in the removal of all information pertaining to an arrest and prosecution, including those records held by the:

• FBI (NCIC rap sheets);

• FDLE (FCIC rap sheets);

• CJIS (Pinellas county Online Consolidated Justice Information System);

• PCSO (The Pinellas County Jail -booking photo & arrest data); and

• The particular Law Enforcement Agency involved in your arrest.

A Pinellas County Circuit court order sealing a criminal record also:

• Directs any other governmental agencies to whom data concerning your arrest was disseminated, to remove the information from public view and access.
• Accordingly, an employer or independent background check company would be informed by any of these entities that “no record of arrest exists.”

We Can Help!

The three lawyers in our office are former state prosecutors with considerable experience in sealing or expunging Pinellas County criminal records. If you have a closed Pinellas county case, an attorney in our office can help. We are  often able to determine your eligibility to have your record sealed or expunged by looking at the online court records and discussing your case with you right over the phone.

Call Us to Discuss the Sealing of Your Pinellas County Arrest Records

 

A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303

 

 

An informative website page: Seal or Expunge Your Criminal Case

Criminal Defense: www.defensehelp.com
DUI Defense: www.duistpetersburglawyer.com
Prescription Fraud: www.floridaprescriptionfraud.com

Seal or Expunge Your Pinellas Criminal Record & Land That New Job
The Sealing & Expungement of Pinellas County Criminal Records
Recession Motivates Floridians to Seal Arrest Records
Colleges Probing Students’ Pasts
Should Colleges Perform Criminal Background Checks?
Florida Statute Section 943.0585 Court Ordered Expunction
Florida Statute Section 943.059 Court Ordered Sealing
Chapter 11C-7, Fla. Admin. Code Expunction Sealing Policy & Procedures
How to Obtain Copies of Your Pinellas County Criminal Records

 

Technorati Tags: employers,criminal background check,arrest records,conviction,felony,misdemeanor worthless check,criminal offenses,EEOC,criminal record,drug possession,job application,employment application,websites,background check services,previous arrest,employment screening,mugshots,mug shots,online sources,photo,criminal arrest information,Florida,law,seal,expunge,sealing,expungement,crimes,data,Pinellas,eligibility,lawyers,attorney

Focusing on the Pill Problem in Pinellas

Billboards Proclaim Anti –Prescription Drug Abuse Message

On April 1st, 2012, motorists began seeing an unusual billboard that had been erected on heavily traveled Sunset Pointe Road in Clearwater. The bold mission statement was paid for by local coalition groups who have partnered with Pinellas county authorities. Those responsible for the billboard include local law enforcement, various governmental agencies and substance abuse counseling providers. Additional billboards are slated for other parts of the county, with the next one scheduled to appear on Gandy Boulevard. This unique billboard advertising campaign is aimed at increasing public awareness to the problems of doctor shopping, prescription fraud and pain pill addiction. It follows Florida’s recent implementation of the prescription drug monitoring database.

A Continued Moratorium on New Pain Clinics

On April 24th 2012, County commissioners set a public hearing date for May 8th to extend the moratorium on new pain clinics. This was not the first extension of the local legislation and probably won’t be the last. Commissioners have been quite vocal about their desire to continue the prohibition until the Florida state legislature acts to  toughen the laws associated with new pain clinic licensing. Efforts by Pinellas county commissioners have already resulted in a decline of so called “pill mills.” The Tampa bay area went from approximately seventy last year, to what was last reported by Sheriff Bob Gualtieri to now be about twenty. The old local ordinance  covered more ground then simply prohibiting new pain clinics from opening up shop. It also mandated the registration of “high prescribing” clinics. These were defined as clinics that issue more than thirty-four pain related prescriptions in a single day. The newly proposed ordinance will require special registration by existing clinics that write more than just twenty prescriptions. This high prescriber ordinance is designed to help the Department of Health discover which physicians are writing an excessive number of narcotic prescriptions.

Operation Medicine Cabinet

On April 30th 2012 the Pinellas County Sheriff’s Department conducted its fifth installment of “Operation Medicine Cabinet.” Cooperating law enforcement agencies that participated in this community based highly organized activity included the:

• St. Petersburg Police Department
• Clearwater Police Department
• Pinellas Park Police Department
• Largo Police Department
• St. Pete Beach Police Department
• Treasure Island Police Department
• Gulfport Police Department
• Tarpon Springs Police Department

Residents of these communities were given the opportunity to participate in the “DEA’s National Take-Back Day” by dropping off their unused prescription medications at one of fourteen locations throughout the county. Within only a four hour period, local law enforcement collected in excess of 700 pounds of prescription medication. All told, 4,268 police agencies nation-wide participated in this initiative which has resulted to date, in the removal of over 1.5 million pounds of medication from public circulation.

Help for a Pill Problem in Pinellas County

1. Arrested for prescription fraud, felony possession, sale or the  trafficking of prescription drugs? Your first step is to educate yourself about your possible options. The best place to do that, is at a website dedicated solely to this topic: www.floridaprescriptionfraud.com 

2. Have you heard about Pinellas County’s “Drug Court”?  You can learn more about how participants in this specialized courtroom avoid becoming convicted felons. Watch an informative video at:  http://www.defensehelp.com/felony-criminal-charges-lawyer/pinellas-county-drug-court 

3. Accused of doctor shopping and don’t know what to do next? This video can help: http://www.defensehelp.com/felony-criminal-charges-lawyer/doctor-shopping 

4. Do you think there may be an outstanding warrant for your arrest? Watch this video to confirm if a warrant does exist and if so, what you can do about it: http://www.defensehelp.com/solutions-defenses-criminal-charge/Pinellas-County-arrest-warrant 

5.  For both outpatient and inpatient prescription pill addiction counseling programs you can contact Operation PAR at: 1-888-727-6398 or visit: http://operationpar.org/

6. To locate a meetings for Narcotics Anonymous in your area, visit: http://portaltools.na.org/portaltools/MeetingLoc/

We Can Help With Your Prescription Drug Charge

A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303

Discuss Your Options & Possible Solutions

Criminal Defense: www.defensehelp.com
DUI Defense: www.duistpetersburglawyer.com

Related Links:
Pinellas Defense Attorneys Reveal Illegal Police Tactics in Doctor Shopping & Prescription Fraud Investigations
Florida Prescription Database Heats up to Uncover Doctor Shopping & Prescription Fraud
The Florida Prescription Drug Database…Now Online
Drug Trafficking in Florida…A Crime You Thought You Understood

Understanding Drug Trafficking

Technorati Tags: Billboards,Pinellas,prescription drug,doctor shopping,fraud,database,clinics,moratorium,pain,abuse,addiction,pill mills,narcotic,operation medicine cabinet,st. petersburg,clearwater,pinellas park,largo,st. pete beach,treasure island,gulfport,tarpon springs,police,law enforcement,National Take-Back Day,medications,arrested,felony,trafficking,drug court,outstanding,warrants

Colleges Get Smart About Applicants’ Criminal Arrest Records

Why Have They Started This Practice?

The baby boomer generation is responsible for today's record number of college age applicants. As a result, admission into universities has become more competitive than at any other time in history. The highly selective admission process has become even more challenging, as colleges and universities have begun running criminal background checks on their applicant pools.  

The idea of doing criminal history checks at the admissions level has been gaining increased popularity in light of the Virginia Tech tragedy and the recent death of a star player for the University of Virginia Women's Lacrosse team who was allegedly murdered by a classmate. Other incidents adding fuel to the fire include a murder committed by a student at the University of North Carolina and a University of Florida student who was shot by campus police during a standoff  involving a metal pipe and knife.

A Momentary Lapse of Good Judgment

The practice of requiring criminal background checks on students is not without controversy. Many admissions officials have no way of distinguishing between students who present a true threat from those students who may have simply done something stupid when they were young and naive.  Nevertheless, from the standpoint of an admissions counselor, "accepting a student with a criminal record is an unnecessary risk when so many applicants come to us with a 'clean slate.'" Thus, having a criminal record is likely to greatly increase an applicant's chance at being denied admission. 

In a recent survey conducted by the American Association of Collegiate Registrars and Admissions Officers , sixty-six percent of responding institutions reported having methods designed to discover criminal justice information about students. Private and four-year institutions were more likely than public or two-year institutions to conduct some kind of screening for criminal history.

Other New Technologies to Identify Problem Students

Criminal background checks are not the only way colleges are utilizing new technologies to spot problem students. There is an increased temptation to cheat in this age of cell phones and Internet access. As a result, universities have been taking drastic measures to reduce academic dishonesty facilitated through high tech devices.

The University of Central Florida is pioneering the use of video and computer surveillance to catch students who attempt to cheat during exams. A secure testing site is designed to record student's real-time work at a computer. If a student's behavior raises suspicions, a proctor can direct an overhead camera to zoom in over the student's shoulder. The images are then burned onto a CD for evidence that can be more closely reviewed at a later time.

At UCF, the increased security seems to be working. Cheating has dropped significantly, to just 14 suspected incidents out of 64,000 exams administered during the past spring semester. However, critics worry that universities are creating  adversarial learning environments where all students are presumed guilty, starting with that first criminal background check during the admissions process.

Record Sealing & Expungement Prevents Access to Criminal Records
-- Put Your College Application on an Even Playing Field --

Students should not let a momentary lapse of good judgment stand in the way of their college application or obtaining a scholarship. Except in a few narrow circumstances, Florida law permits a person who successfully seals or expunges a criminal record to lawfully deny that he was ever arrested or charged with a criminal offense. In addition, sealed or expunged records are no longer accessible to college admissions officers, employers, licensing authorities, or the general public. 

Having a record sealed or expunged results in the removal of all information pertaining to an arrest and prosecution, including those records held by the:

• Federal Bureau of Investigation (NCIC);
• Florida Department of Law Enforcement (FCIC);
• Online Consolidated Justice Information System (CJIS);
• Pinellas County Clerk of Court;
• Pinellas County Sheriff's Office; and
• The Law Enforcement Agency that Arrested You

The official court order sealing a criminal record likewise directs any other agencies to whom information regarding the arrest was disseminated to remove them from public view.  Accordingly, a university that conducts an official background check on an applicant with a criminal past would be told that no record of arrest exists.

Learn more on the subject of sealing and expunging your Pinellas county criminal records by watching our video.

 

You can also read more details about the remedy of sealing or expunging your criminal history record at our website.

 

 

Our law office has significant experience in sealing and expunging Pinellas County criminal records. If you have been previously arrested or charged with a criminal within Pinellas county we can help. We can often determine your eligibility to have your record sealed or expunged right over the phone.

Visit: www.defensehelp.com for possible solutions to criminal charges.

Related Links:

Obtaining Copies of Your Criminal Records

Avoiding Post Arrest Publicity

Avoiding a Formal Conviction

 

Technorati Tags: sealing,expungement,pinellas county,criminal records,criminal history,hiding record of arrest,student,college,applications

Recession motivates record number to have lawyers seal or expunge their criminal records

In order to keep the costly blemish of a criminal history out of the sight of potential employers, a record number of Floridians have had their criminal records sealed or expunged. The rush to hide police and court records seems to have taken root with the beginning of the current recession. In 2008, over 14,000 Floridians were successful in sealing or expunging their criminal records. This number represents a two-fold increase from 2007, demonstrating the growing awareness that a criminal history can be a huge impediment to new employment opportunities.

Hiding past mistakes from future employers

In today’s economic climate, employers have the privilege of choosing from scores of qualified applicants when hiring new personnel. With a record statewide unemployment rate of 11.5%, Florida is home to many job seekers who are eager to set themselves apart from the crowd. However, those with a criminal record face an undesirable distinction that can prevent them from finding work in such a competitive marketplace. In our prior blog article, “Seal or Expunge Your Pinellas County Criminal Record & Land that New Job,” we explained how easy it is for employers to glean the criminal histories of job applicants from convenient public electronic databases that provide access to court records. In another blog article, “The Sealing & Expungement of Pinellas County Criminal Records,” we described how Florida Statute sections 943.0585 and 943.059 determine your eligibility for a sealing or expunction, and the enormous benefits that come from these remedies referenced in Rule 3.692 Florida Rules of Criminal Procedure.

Learn more on the subject of sealing and expunging your Pinellas county criminal records by watching our video.

 

You can read more details about the remedy of sealing or expunging your criminal history record at our website.

An attorney can help cut through the red tape

Because of past abuses by the courts, the Florida legislature enacted laws that now make the process of petitioning to seal or expunge a Pinellas County criminal record a multi-task endeavor:

1. Your attorney must secure a “certificate of eligibility’ from the Florida Department of Law Enforcement;

2. Rule 3.989 Florida Rules of Criminal Procedure requires the client to sign an affidavit prepared by his attorney;

3. A separate Petition to Seal or Expunge is filed with the Clerk of Court and later reviewed by Pinellas County’s Chief Circuit court judge;

4. Copies of all legal pleadings are served upon the Pinellas County State Attorney’s Office who is charged with the duty of reviewing the documents for accuracy and eligibility.

5. The criminal defense attorney is ultimately required to prepare in proper form a court order that directs all agencies having information about the criminal case to either seal or expunge their records;

6. Your attorney can thereafter direct the Pinellas County Clerk of Court to forward certified copies of the judge’s order to all appropriate governmental and law enforcement agencies.

Our law office has significant experience in sealing and expunging Pinellas County criminal records. If you have been previously arrested or charged with a criminal offense arising out of Clearwater / St. Petersburg, or other area within Pinellas county we can help.

Contact our office at (727) 578-0303

We can often determine your eligibility to have your record sealed or expunged right over the phone.

Visit: www.defensehelp.com for possible solutions to criminal charges.

Visit: www.duistpetersburglawyer.com for information related to a Pinellas county DUI charge & your driving privilege.

 

Related Links:

Obtaining Copies of Your Criminal Records

Avoiding Post Arrest Publicity

Avoiding a Formal Conviction

Restoring Your Civil Rights

St. Pete Times Not Happy With Their Inability to Access Criminal Records

Technorati Tags: sealing,expungement,pinellas county,criminal records,criminal history,hiding record of arrest

Removing Your Information from Florida's DNA Database After a Pinellas County Felony Arrest

The State of Florida has collected DNA in felony cases following “conviction” for the better part of this decade. At first, Florida law only allowed the collection of DNA when a person was convicted of certain felony offenses. These were limited to crimes of sexual battery, lewdness, murder, aggravated assault, burglary, carjacking, and home-invasion robbery. See: Florida Statutes 943.325 (2000). However, beginning in 2001, Florida law specified that the collection of DNA would be expanded each year so that it would include more and more felony offenses.  Ultimately, this culminated in 2008 with the collection of a DNA sample from each and every person who enters a plea of “guilty” or “no contest” or is convicted of any felony offense, regardless of whether adjudication is withheld. See: Florida Statutes 943.325(1)(b); (10)(d) (2008).

Get Arrested in Florida... Give a DNA Sample 

The Florida Legislature expanded the collection of DNA even further by passing an amendment to Florida Statute ss. 943.325.  These changes went into effect as of July 1, 2009.  Under the expanded law, a person is now required to submit a DNA sample for collection and indexing in Florida’s DNA database simply upon being arrested for a felony offense. Apparently, the presumption of innocence and right to a jury trial no longer applies to the State when it seeks to collect DNA samples.

Obviously, such a broad law creates genuine concern about the labeling and inclusion of potentially innocent people in the FDLE  DNA Investigative database.  The legal standard for law enforcement to make an arrest is defined as merely “probable cause.” This threshold is very low and allows the police to make an arrest any time they find there is a reasonable probability that a person committed a crime.  On the other hand, the legal standard for a person to be convicted at a trial is guilt “beyond a reasonable doubt.” This is the highest standard of proof that exists in the law. It requires that the State prove beyond each and every single reasonable doubt that a person committed a crime.  As criminal defense attorneys, our office is in a better position than most to know and understand that not every felony arrest leads to charges being formally filed by the State Attorney’s Office. In other words, just because an individual is arrested, does not mean the prosecutor has to file a formal charge. Likewise, an arrest doesn’t necessarily mean that the prosecutor will later be able to prove the case beyond a reasonable doubt. Thus, not every felony arrest translates into a formal filing by the State Attorney’s Office and even if filed, not every person facing a felony charge is ultimately convicted. 

How to Have Your DNA Sample Removed From The Florida Database

If your felony charge was later dropped, reduced to a misdemeanor, dismissed or if you were found not guilty after a trial, it seems inherently unfair to brand you with a felony DNA database classification. 

There are legal remedies available to safeguard your reputation:

• Where appropriate, we can intervene with the prosecutor and seek to have the charges dropped.  Intervening shortly after arrest and presenting your side of the story can be effective in persuading the State to file a lesser charge (a misdemeanor), or not to file charges at all. This action could set you up to have your lawyer then petition the Florida Department of Law Enforcement under Florida Statutes ss. 943.325(16) to have your name and DNA removed from the database. The Florida Department of Law Enforcement is required to remove the DNA information when it can be demonstrated through official court documents that the felony arrest was without merit. Note that this action is not automatic. To have your information removed from the DNA Database it is imperative you timely contact a lawyer who can prepare the necessary legal documents that will force the FDLE to delete the information from their records.

How to Have Your Pinellas County Criminal Records Sealed

• In the event that the case has been dropped, dismissed, or you were acquitted, we can also move to seal or expunge your criminal record.  Such action effectively prevents any member of the public from ever learning that you were arrested or charged with a crime.  Furthermore, it allows you to truthfully deny the entire incident ever even happened.

The very idea of a DNA database controlled and maintained by the government for its own purposes lends itself to serious privacy concerns about “Big Brother" government.  However, the very real danger that thousands of over-charged or innocent people could have their DNA collected, cataloged and stored is even more distressing. Fortunately, there is a provision to have the information removed… but that remedy is dependent on having a lawyer who can help you get the right result first.

If you have been arrested in St. Petersburg, Clearwater, or other area of Pinellas County, call on our office for help. Obviously, getting immediate legal counsel is not only important for dealing with the pressing concerns of your criminal case, but also the long term stigma associated with having your name and DNA in Florida’s database.

We offer free consultations that are focused on creating an effective legal strategy to achieve the best possible outcome.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Call 24 Hours: (727) 578-0303

Visit our Web site at: www.defensehelp.com to learn of other ways that we can help.

Links for further reading:

• F.B.I. and States Vastly Expand DNA Databases
• Creative DNA Collection Raises Ethical Questions
• Compulsory DNA Collection: A Fourth Amendment Analysis
• Federal Court Upholds Constitutionality of Mandatory DNA Collection of All Individuals Arrested on Federal Felony Charges

Technorati Tags: Florida Statute 943.325

Technorati Tags: Florida's DNA database,DNA collection,Felony Arrests,Florida Criminal Law,Removal from DNA database,privacy rights,criminal defense attorneys,felony charges

The Sealing & Expungement of Pinellas County Criminal Records

A criminal record can be a significant obstacle to pursuing your life’s ambitions. Opportunities for education and employment can often hinge on the results of a criminal background check. As we previously explained in “Seal or Expunge Your Pinellas County Criminal Record & Land that New Job,” criminal records in Pinellas County are “public records,” easily accessed through the Pinellas County Clerk of Court or the Consolidated Justice Information Center.

In order to prevent your arrest record from being easily discovered and accessed, it is well worth the effort to have an attorney investigate your eligibility to have your criminal records sealed or expunged in accordance with Florida Statute section 943.0585. Your eligibility will be based a variety of factors, including;

• The nature of the criminal offense (A few offenses are prohibited by statute from sealing or expungement)
• Whether you were convicted of the offense or received a “no information” “withholding of adjudication,” “dismissal” or “acquittal” of the charge
• Whether you have previously had a sealing or expungement

Little known Facts Concerning Florida Sealing & Expungement

• If you were unfairly arrested, but never convicted of a crime, your criminal history record will nevertheless still reflect your arrest. Only a sealing or expungement can correct this inequity;
  
• Only a limited category of “juvenile” records are subject to an abbreviated retention period and benefit from an “automatic” expungement in Florida;
  
• Although a previous sealing or expungement from another statue could render you ineligible for the same remedy in Florida, if that prior action took place through the operation of law (i.e. not petitioned for but automatically granted by the Court), it will not effect your eligibility for a second sealing or expungement in Florida;
  
• While Florida Statute section 943.0585 provides that a Court may expunge records pertaining to “one arrest or one incident of alleged criminal activity,” we can argue that even though your charges arose out of separate criminal acts on different days, they all stem from only one arrest. See: Oymayan v. State, 765 So.2d 812 (Fla.1st DCA 2000);
  
• If you received a full pardon or restoration of your civil rights, your records continue to remain accessible to the public. All criminal records are “public records” unless sealed or expunged;
  
• An "early termination of your probation" does not result in the sealing or expungement of your criminal records;
  
• The courts have ruled that it is an “abuse of judicial discretion” for a judge to deny an applicant a sealing or expungement where he otherwise meets the criteria. See Johnson v. State, 336 So. 2d 93 (Fla. 1976)

Our law firm has considerable experience in securing record sealing and expungements for misdemeanor and felony criminal cases that arose out of St. Petersburg, Clearwater and other areas of Pinellas County. 

We can discuss your eligibility right over the phone.

Click Here: For more information on the sealing and expungement of your arrest records

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Visit our comprehensive Web site at: www.defensehelp.com

Technorati Tags: sealing,expungement,felony,misdemeanor,st. petersburg,clearwater,pinellas county,arrest records,criminal records,eligibility