- Getting my record clear has been the biggest blessing. I hold my head high as I apply for jobs.
- J. Turner - I wish I would have done this years ago... Your service and professionalism are superb.
- M. Brown - The expungement process was quick and simple and I was very satisfied with their efforts. Thank you!
- A Foltz. - RecordGone.com secured me a fast and easy expungement even though I no longer lived in the state. I was kept informed the entire time and they delivered better then promised.
- R. Wilson
Florida
Vacate a Conviction
If you plead guilty, no contest, or were found guilty as a result of trial, you are not eligible to expunge or seal your records. However, you may be eligible to vacate your conviction pursuant to Florida Rule of Criminal Procedure 3.850. Rule 3 motions are the only vehicles to secure relief after conviction.
We do not currently offer this service. If you are interested in having your conviction vacated. be sure to contact a Florida Licensed Attorney.
Generally, Rule 3 motions must be filed within two years after the sentence becomes final. However, you may be able to file a Rule 3 motion within two years after learning of a potential deportation threat related to the conviction. To prevail, a defendant must show: 1) that he didn't know that the conviction would result in deportation; 2) that he was threatened with deportation because of his plea; and 3) had he known of the possible deportation consequences, he would not have entered the plea.
The Rule 3 motion must be sworn to by the defendants and must state all potential grounds to vacate. Some of the grounds on which Rule 3 relief is sought includes: ineffective assistance of council; failure by counsel to conduct a diligent factual and legal investigation; misadvice by counsel regarding the amount of time the defendant will serve; breach of plea agreement; failure by counsel to investigate or present a viable defense; failure of the court to determine a factual basis for the plea; and failure to advise of a plea offer that would have been accepted. When alleging ineffective assistance of council, the defendant bears the burden of proving, among other things, that if he had gone to trial, he would have had a viable defense that probably would have resulted in an acquittal.
If the court grants a Rule 3 motion and the conviction is vacated, the case is reopened and the state's attorney may prosecute the charge. Usually, because of the time between cases, prosecutors are unable to still prove their cases or defendants choose to accept pretrial diversion or pleas that would avoid the detrimental consequences that led them to file the motion to vacate.