Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
A Hillsborough Florida Motion for New Trial for the Purpose of Expunging a Criminal Record is a legal procedure that individuals in Hillsborough County, Florida, can use to seek a new trial with the intention of having their criminal record expunged. This motion allows individuals who have been previously convicted of a crime to potentially clear their record and have a fresh start. There are different types of Hillsborough Florida Motion for New Trial for the Purpose of Expunging a Criminal Record, each catering to specific situations and circumstances. Some of these variations may include: 1. Hillsborough Florida Motion for New Trial based on Newly Discovered Evidence: In this type of motion, the individual brings forth evidence that was not available during the original trial. It could be evidence that either casts doubt on the conviction or proves their innocence. 2. Hillsborough Florida Motion for New Trial based on Juror Misconduct: If there is evidence of juror misconduct during the original trial, such as prejudice or receiving external information, a motion can be filed based on this ground. 3. Hillsborough Florida Motion for New Trial based on Ineffective Assistance of Counsel: Individuals who believe they received inadequate legal representation during their original trial can file this motion. They would need to demonstrate that their attorney’s performance was deficient and that it resulted in prejudice or an unfair trial. 4. Hillsborough Florida Motion for New Trial based on Errors of Law: This motion can be filed when there is a significant error in the application or interpretation of the law during the original trial. The error must have resulted in an unjust verdict or conviction. 5. Hillsborough Florida Motion for New Trial based on Newly Passed Laws: If there have been changes in the applicable laws that could impact the original conviction, individuals can file a motion to request a new trial based on these newly enacted laws. It is important to note that filing a Hillsborough Florida Motion for New Trial for the Purpose of Expunging a Criminal Record does not guarantee a new trial or record expungement. The court will carefully review each motion, considering the presented evidence and arguments, before determining if a new trial is warranted. Individuals should consult with an experienced attorney who specializes in criminal defense to understand the specifics of their case and navigate the legal process effectively.
