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Naples, Florida

Concealing the record of your drug offense

On Behalf of | May 25, 2018 | Drug Charges

Any drug charge leveled against you in Naples should be taken seriously. Whether it is something as seemingly simple as possession all the way up to trafficking, you could be facing some serious criminal penalties. Yet beyond that, having a drug conviction (or even an arrest) on your record can haunt you long after you have resolved the criminal liabilities tied to your case. Knowing this, many in your same situation come to us here at The Calderone Law Group, P.A. wondering if they can get such an incident removed from their records. The answer depends on the unique circumstances of your case. 

If your drug offense occurred when you were a minor, then yes, it can (and will) be removed from your record. Florida law stipulates that (almost) all juvenile offenses will automatically be expunged from your record when you turn 21 (the only exceptions would be forcible felony charges, or charges for which you were tried as an adult). 

If you are a legal adult at the time of your drug arrest, you may be eligible for expungement if adjudication was withheld in your case. What does this mean? Section 943.0585(2)(a)(2) of Florida’s state statutes defines it to be: 

  • Charges against you being dismissed
  • The state attorney choosing not to prosecute you
  • A judge acquitting you
  • A jury finding you not guilty 

In other words, if you are found guilty (or if you accept a plea deal), you will not be eligible for expungement. You may, however, still have your record sealed, which would keep others from being able to see your criminal history. You should also know that a charge of drug trafficking disqualifies you from having your record sealed or expunged. 

You can learn more about dealing with drug charges by continuing to explore our site.