Fort Myers Attorneys For Expungements & Motions To Terminate Probation
When it comes to convictions in the state of Florida, many people assume that there are only two parts to serving one’s sentence: the time of incarceration and the term following probation. In reality, however, what most are not aware of is that there are several options for post-conviction relief. While full-term probation is certainly one scenario that defendants might face after incarceration, in many cases, people are given opportunities to terminate their probation early. In certain events, defendants may even be able to expunge their criminal records completely.
These options can offer great hope and encouragement for those looking to rebuild their lives after serving a penalty. However, in order to obtain these optimal results, applicants must fulfill a lot of different requirements. This is where it becomes crucial to have a seasoned legal representative at your side, whom you can trust with any of your motions to terminate probation and expungements in the Fort Myers area. At Aiken & O’Halloran, our criminal defense attorneys stand ready to help you move on with your life towards hope, healing, and complete restoration.
Motion Of Early Termination Of Probation
One encouraging prospect for those who have completed their incarceration period and are now serving probation is that of the possibility of early termination of probation, where you can reach the end of probation months or even years earlier than originally sentenced. However, some rigorous expectations must be met to qualify.
The conditions that must be completely fulfilled before the state of Florida will file your motion for early termination of probation include:
- Any community service hours designated by the court must be fulfilled
- Any classes, courses, or counseling programs dictated by the court must have been completed
- All costs of restitution toward the victim or accusing party must be complete
- Every fee and court bill must be paid
- In most cases, at least 50% of the original time for probation must be completed, although this can be adjusted based on circumstances
Expunging Your Criminal Record
Another beacon of hope for those who have been convicted of a crime is that of expunging their criminal records. While sealing one’s records from public use is still an optimal opportunity, expungement is an even better process where your records are completely erased and destroyed, and thus inaccessible to future employers or background searches. For all intents and purposes, it is as if no crime was ever committed, with the exception that a single copy of your record is held by the Florida Department of Law Enforcement (FDLE).
Although law enforcement can discover that the FDLE retains this copy, they still cannot access your actual record but will only be informed your case has been expunged. This scenario can particularly apply regarding certain juvenile records, but in many cases, there are options for adult expungement as well.
Some of the key requirements to be considered eligible for expungement in the first place include:
- Completing a written application with the exact court where the conviction took place
- Having the original sentence be completed or fulfilled
- A complete absence of any additional or new charges on the record of the person serving the charge
Contact Aiken & O’Halloran For A Free Consultation
To learn more about expungement and motions to terminate probation, please call Aiken & O’Halloran in Fort Myers at 239-666-6035 or complete our contact form. Our attorneys have extensive experience in these matters, and we represent clients throughout the Fort Myers area.