Posted on Fri, May. 14, 2004
New law means more felons will have their crime on their record
DAVID ROYSE
Associated Press
http://www.tallahassee.com/mld/tallahassee/8669444.htmTALLAHASSEE, Fla. - Thousands of people who commit felonies will no longer be able to have their guilt withheld from their criminal records under a law signed this week by Gov. Jeb Bush.
Judges can withhold a finding of guilt when sentencing criminals - meaning that the criminal serves a sentence or is put on probation, but their criminal record doesn't show that they were found guilty. It was meant as a break to first-time offenders so they don't have to suffer the consequences of being a felon, such as difficulty finding work and the inability to vote.
But a series of reports early this year in The Miami Herald found that the break was being used in thousands of cases for more serious crimes than it was intended for and often repeatedly for the same criminals.
The new law, which passed both chambers of the Legislature unanimously this spring and was signed Thursday by Bush, will prohibit judges from withholding a finding of guilt in first-degree felony cases. And judges won't be able to withhold guilt from criminals' records in a second-degree felony case without a written finding explaining their decision or a letter from a prosecutor justifying the request.
*SNIP*