Individuals convicted of criminal offenses often believe that nothing can be done to clear their names once the jury delivers its verdict. However, some criminal records can be cleaned up through post-conviction relief. A Florida attorney with experience obtaining post-conviction relief will evaluate each criminal history individually to determine whether the person’s record can be cleared.

Clearing a criminal conviction has obvious advantages. Getting a conviction reduced to a less-serious charge or having it completely removed from the record eliminates hurdles to education, employment, housing, and other pursuits. In addition, post-conviction relief often permits individuals to put the events that led to a criminal history behind them once and for all.

The options available for post-conviction relief available depend on several factors, including the type of offense and the punishment meted out. Criminal cases fall into two different categories:  Felonies and misdemeanors. Felonies are typically those offenses punishable by a year or more in state prison, and misdemeanors are usually punishable by a year or less in jail. It’s sometimes possible to have a felony conviction reduced to a misdemeanor.

If the individual is still on probation for the offense, post-conviction relief is probably not an option. However, an experienced criminal defense lawyer can petition the court to end probation early so that a convicted individual can benefit from the various types of legal relief available.

In order to end probation early, the judge must determine that the action is justified by the individual’s good conduct and reform, and that an early termination of probation would serve the interests of justice. The individual’s attorney begins the process by submitting a written motion requesting a modification of probation to the court where the original conviction took place. All fines and restitution must be paid in full in order for the court to grant an early termination of probation. 

There are ways that a skilled Florida criminal defense attorney can seek to re-open a criminal case and seek to have a conviction set aside, or reduced, or even retried.  The avenues of post-conviction relief available depend upon several factors, including the timing of the request in relation to the date of the conviction, and the grounds or reasons given.

A second approach to clearing Florida criminal records is expungement of both felonies and misdemeanors. Expungement can only be obtained for certain convictions, and unfortunately DUI / DWI is not among them. Whether an expungement will be granted depends on whether the original crime was committed by a juvenile or an adult; whether the crime was charged as a misdemeanor or a felony; whether probation was granted; and whether a term in state prison was mandated.