Criminal records can linger for several years after someone has experienced an arrest and/or a conviction. They can also be a difficult roadblock for people who were wrongly accused or just made a simple mistake. In Florida, criminal history records are public and can still be discovered, even if the charges were dropped or discharged.
This scenario can make it very
difficult for people trying to move forward with improving their lives. Employment opportunities are often jeopardized by having a criminal record and can make it challenging for job seekers to pursue respectable careers. Old criminal records can also create hurdles for people searching for housing, applying for college aid, attempting to adopt, or joining the armed forces.
Fortunately,
there is a possibility for Expungement.
Expungement requires a formal procedure which is often part of a plea or sentencing agreement for first time offenders or juveniles. Once a record is expunged under Florida law, people can lawfully refrain from reporting any arrests in the expunged record, with very few exceptions only a judge can order.
The process is rather complicated and the requirements as per Florida Statutes are very complex. Aside from having a
knowledge of the process, many people have difficulty understanding what types of records can be sealed or expunged, and whether or not they qualify. Hiring a criminal defense attorney to help seal or expunge your criminal record can really go a long way in helping you achieve this goal – and we have a solution that’s affordable for anyone.
What types of criminal records are eligible for Expungement?
Those who were convicted of a crime do not qualify for expungement. To qualify, the outcome of a case must have one of the following outcomes:
- Dismissal (Nolle
Prosse) - formal charges were filed, but were later dismissed by the Office of the State Attorney.
- No Action - following an arrest, no action was taken, there was no indictment and no presence of charging documents.
- Acquittal - a judge or jury ruled not guilty which consequently dismissed the case.
Most nonviolent crimes can be expunged more often, particularly in juvenile cases.
What are the
requirements for Expungement?
- After 10 years of being sealed, an ineligible record for expunction may become eligible.
- Charges that led to not guilty verdicts can only be expunged 10 years after being sealed
- In a single proceeding, only one arrest record can be deleted
- If the arrests are related, more than one record may be sealed or expunged in the same proceeding.
- People seeking expunction must attest that they have never had a
sealed record expunged previously.
A Certificate of Eligibility (COE) will also be required and presented in order to petition the court to seal or expunge a record. Our team of Seal and Expungement lawyers help
navigate through the various factors that are required to proceed with the COE, in addition to working through all of the processes and rules involved for a successful expunction.
Because of the complexities, this is not a do it yourself type of case. With the help of an attorney, it will be much easier to get through the required steps towards achieving the desired outcome. Those steps
include applying for the Certificate of Eligibility, Filing a petition of relief, and processing the petition to expunge.
Take advantage of our FREE consultation – Call us today at 813-489-3222, use our contact form, email or text us to begin.
We will discuss the entire process with you, and present all costs and fees associated with this service to you up front. There will be no hidden fees or surprises. Find out if you qualify to have your record sealed or expunged at no up front cost to you. Our seal and expunge attorneys are ready to give you an overview of the process and determine your eligibility today.
Learn More: https://thefernandezlawgroup.com/criminal-defense/seal-or-expunge-your-criminal-record/
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