Sex With a Minor

Police officer interrogating criminal in handcuffs at deskIn Florida, the crime of Unlawful Sexual Activity with Minors makes it illegal for a person 24 or older to have consensual sex with a 16 or 17 year old.

If the victim claimed to be older than 18 and if she looked older than 18, that does not matter. That is not a valid defense for the crime of unlawful sexual activity with minors.

It can be legal for a person 18 to 23 to have consensual sex with a person 16 or 17 years old, but if the victim claims that it was not consensual, it is considered unlawful sexual activity with minors. If the victim is under the age of 16, they are considered unable to decide for themselves and it is automatically considered a crime.

Potential consequences include jail or prison time, fines, probation, mandatory registration as a sex offender, civil penalties, the collateral consequences of a criminal conviction, living or workplace limitations, and social stigmatization. These can be life altering consequences from which a person may not be able to recover.

A person listed as a sexual predator is going to have a difficult time finding a job, finding a place to live, socializing and fitting into society in general.

If you or a loved one have been accused of such a crime, it is imperative that you have a consultation with Alex Truluck.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Expungement

court hearingWhich types of charges and convictions can be expunged? What are the requirements?

A petition to expunge (or seal) your criminal records must be done at the court where the arrest or conviction happened. A sealing or expungement in Florida will completely remove the incident from your records. An expungement seals and destroys the records of the arrest and case.

How long does expungement take in Florida?

The time to complete a Florida record sealing or record expungement is 5-7 months on average. The length of time depends on various factors: Whether your case is going to be a sealing or expungement (expungements take a bit more time due to additional legal requirements).

You may not realize it, but you still have a criminal record, even if the charges were dropped or dismissed. You still have an arrest record, which is public information. This can be a problem when looking for a job, applying for credit or even in your social life.

What are the requirements for an expungement?

  • The applicant must attest that he or she has never had a record sealed or expunged before in Florida or in another jurisdiction.
  • A person can only seal or expunge one arrest record in one proceeding.
  • More than one record may be sealed or expunged in the same proceeding if the arrests are directly related; however, it is at the discretion of the court.
  • A record that was ineligible for expunction may be eligible only after it has been sealed for 10 years.
  • You cannot seal or expunge one arrest record and later on in a different proceeding, ask to have a different record sealed or expunged.
  • A charge which resulted in a not guilty verdict after trial cannot be expunged until it has first been sealed for 10 years.
  • You can no longer be under court supervision for the alleged criminal activity for which the petition to expunge pertains.

In order to get an expungement, you have to file a petition with the court. If you would like to discuss your case with Alex Truluck, call for an appointment. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.