Case Summary
Our client sought to expunge a serious felony arrest for Sexual Battery by Custodian (Victim over 12 but under 18), under Florida Statute § 794.011(8)(b). The FDLE initially denied eligibility, citing a prior adjudication of guilt that appeared to make the client ineligible for relief. Our legal team took immediate action to challenge the underlying basis of the denial. After a thorough investigation and briefing, we filed and successfully argued a Motion to Vacate the Unconstitutional Judgment that formed the barrier to eligibility. The court granted our motion, and with the judgment vacated, FDLE issued a Certificate of Eligibility. We proceeded to file the expungement petition, which was ultimately granted by the Honorable Judge Marlene M. Alva in Seminole County. This case demonstrates our ability to achieve relief in even the most legally complex situations, transforming a denied expungement into a full record clearance in just 11 months.
- » Case Type: Record Expungement
- » County: Seminole
- » Charge Level: Felony
- » Judge: Hon. Marlene M. Alva
- » Arrest Charges: Sexual Battery
- » Completion time: 11 months
- » Outcome: Granted
- » Charges: (i) Sexual Battery by Custodian (Victim over 12 y/o but under 18 y/o), Florida Statute § 794.011(8)(b)
