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Expungement or Sealing Juvenile Record in Florida

Expungement or Sealing Juvenile Record in Florida

The idea that one event or mistake made in youth can have lasting negative consequences on one’s adult life is a frightening prospect. That is the situation minors face when they are arrested and charged for a criminal offense. An experienced Miami juvenile defense attorney can defend minors’ rights in court and ensure the best possible outcome.

Still, some will be left with a juvenile record that could be an obstacle to their educational and professional futures. Fortunately, in certain cases, a juvenile record in Florida can be sealed or expunged.

Eligibility for Expungement or Sealing

In Florida, a juvenile record is automatically eligible for expungement or sealing when the offender turns 24 years old or, for a serious or habitual offender, 26 years old. However, typical offenders can try to get their juvenile record sealed or expunged at an earlier age.

Minors that were arrested for nonviolent offenses and/or completed a court-ordered diversion program can petition for expungement or sealing of their juvenile record. This petition can only be done once to clear the record of only one arrest. Most juvenile records are eligible unless the offender fits the following characteristics.

      • found guilty or adjudicated delinquent for the offenses on the juvenile record they wish to seal
      • found guilty or adjudicated delinquent for serious criminal offenses, especially violent and sex crime offenses
      • previously had a criminal record sealed or expunged
      • concurrently filed another petition for expungement or sealing

Procedure

In order to seal or expunge a juvenile record in Florida, offenders must first apply for a Certificate of Eligibility for Sealing. Only once they receive this certificate can they petition the juvenile court that handled their case for expungement or sealing of their record. Trying to have a juvenile record cleared is often a complex process and, in such cases, the guidance of an experienced Miami juvenile defense attorney is incredibly valuable.

If you were arrested or charged with a criminal offense as a minor, the attorneys at Pimentel & Castillo can guide you every step of the way toward achieving a expungement or sealing of your juvenile record in Florida. Once your juvenile is record cleared, you will not have to reveal your juvenile offenses to most people and employers, eliminating significant obstacles to your future educational and professional endeavors.

Call us to request a free consultation with a seasoned Miami juvenile defense attorney today.

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When to Update a Florida Parenting Plan

When to Update a Florida Parenting Plan

According to Florida family law, parents in a divorce case are encouraged to develop and agree to a parenting plan. The parenting plan is a legally-binding agreement that must be approved by the court. If they are unable to agree to a parenting plan, the court will intervene and decide what parenting plan is in the best interest of the child. However, after some time, a parenting plan can prove to be ineffective or outdated and may need to be modified.

Parenting plan modifications must also be approved by a Florida family court. The process of modifying a Florida parenting plan can be complex, so it is best to consult with a seasoned Miami family law attorney when petitioning the court for a modification.

Events That May Trigger Parenting Plan Modifications

There are a variety of reasons for wanting to modify a parenting plan. Any revisions and modifications one wishes to make to a Florida parenting plan must be based on the child’s best interest. Still, some life events and/or changes in the child’s needs may prompt a parenting plan modification. These changes may concern financial support calculations, visitation schedules, time-sharing arrangements, and even custody arrangements.

      • Remarriage Especially if it involves relocation or step-children.
      • Relocation Especially if the new distance between the parents’ households is significant.
      • Maturation of the child Especially if the current plan is no longer age-appropriate.
      • Changes in the child’s schools or school schedules
      • Changes in jobs Especially if it involves relocation, significant changes in income, or unemployment.
      • Negative effects of current Florida parenting plan on the child’s development
      • Unfit parenting status Especially if it concerns recent domestic violence charges.

What Florida Family Court Considers

Just like in child custody cases, the Florida family court will make a decision it believes to be in the child’s best interest. After one or both parents files a petition for modifying the parenting plan to the court, there will be a hearing to determine if there is just cause for a modification. The court will judge the severity of the major life changes cited as the reasons for the requested parenting plan modification. One parent or both parents have to prove to the court that the current plan no longer meets the child’s needs.

Not all modifications are approved by the Florida family court. Working with an experienced Miami family law attorney can increase your chances of successfully modifying your Florida parenting plan.

The Florida family law professionals at Pimentel & Castillo can provide the right legal guidance and assist in petitioning the court on your behalf. Call us today for a free consolation.