In today's climate, clients are extremely concerned with the frequency of background and criminal history searches for employment and financial reasons.

If you have ever been arrested, you know that the arrest itself can have a huge impact on your ability to find and maintain employment. Not only can employers perform a criminal background check, in many counties, employers (or anyone else for that matter) can simply look up your name up on the Clerk of Court website and find numerous details about the arrest and prosecution of the criminal case. Many people do not even realize that they can avoid many of these problems by hiring an experienced attorney to have their record sealed or expunged. Contact us to schedule a free consultation in order to determine whether you are eligible for sealing or expunging your record.

Definition of Sealing of Criminal Records

Arrests that result in a guilty or no contest plea or a finding of guilt but with a withhold of adjudication can be sealed unless the offense is included on the statutory list of disqualifying offenses. If the adjudication of guilt was withheld in your case, and the offense is not one of the listed disqualifying offenses, then you are probably eligible to have any record of your arrest sealed under Florida law. When a criminal history record is sealed, the public will not have access to it, although certain governmental or governmental-related entities, which are listed in Section 943.059(4Xa), Florida Statutes, will still have access to all of the information in the sealed record.
The same eligibility requirements that apply to sealing also apply to expunction, but expunction also has certain additional requirements. For example, pursuant to Section 943.0585(2)(h), Florida Statutes, any charge that resulted in a withhold of adjudication or in an acquittal ("not guilty" verdict) following trial may not be expunged unless and until it has first been sealed for at least 10 years.

Definition of Expunged Criminal Records

A charge that was dismissed before trial (e.g., no information filed, nolle prosequi, dismissed, etc.) may be expunged immediately as long as all charges related to the arrest were so disposed of, and the individual is otherwise eligible. You can apply to have the record expunged immediately after the case is dismissed. To expunge a criminal record means that the public is not allowed access to any of the records of the arrest or prosecution. When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had the record expunged but would not have access to the contents of the record itself without a court order. Such entities would receive only a caveat statement indicating that a Criminal Information has been Expunged from this Record.

What is the benefit of having my record expunged or sealed?

It is not uncommon for employment, lease or loan applications to ask whether you have ever been arrested or convicted of a crime. If that particular record has been sealed or expunged, your legal answer to that question is "No."

A common misunderstanding about your arrest record

Remember, even if your charges are dismissed or never formally filed, your initial arrest record does not disappear. You must go through the sealing or expungement process for that arrest record not to appear or for you to deny that it exists.

What if I did not enter a plea, but the charges were dropped or dismissed?

Even if you were arrested for one of the offenses on the list of disqualifying offenses, you are still eligible for expungement if the charges against you were dropped or dismissed. For example, if one of the following occurred, you are still eligible for expungement:

1. despite the arrest, the charges against you were never formally charged by the prosecutor;
2. the charges against you were dropped by the State after you were formally charged (i.e., the State announced a nolle prosse);
3. the charges against you were dismissed by the Court;
4. you were found "not guilty" after a trial.

Am I Eligible?

1. Have you ever had your record sealed or expunged before?
2. Have you ever been adjudicated delinquent of a crime as a juvenile?
3. Have you ever been convicted or adjudicated guilty of a misdemeanor (including criminal traffic cases such as DUI reckless driving, or driving while license suspended), a criminal ordinance violation, or a felony?
4. Are you currently on probation, community control, or any type of court supervision, including any diversion program?
5. If you received a withhold of adjudication in the case that you wish to have sealed or expunged, is the offense for which you received the withhold of adjudication listed as a disqualifying offense?

If you were able to answer "no" to each of these questions, then you should be eligible to have your record scaled or expunged. If you answered "yes" to any of these questions, then you are not eligible to have your record sealed or expunged.

What Charges May NOT Be Expunged?

• Arson;
• Aggravated Assault;
• Aggravated Battery;
• illegal use of explosives;
• Child abuse or Aggravated Child Abuse;
• Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
• Aircraft piracy; Kidnapping;
• Homicide;
• Manslaughter;
• Sexual Battery;
• Robbery;
• Carjacking;
• Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years;
• Sexual activity with a child who is 12 years of age or older but less than 18 years of age by or at the solicitation of a person in familial or custodial authority;
• Burglary of a dwelling;
• Stalking or Aggravated Stalking;
• Act of Domestic Violence;
• Home-invasion Robbery;
• Acts of Terrorism;
• Manufacturing any substances in violation of Chapter 893;
• Attempting or conspiring to commit any of the above crimes.

How Long Does It Take?

It typically takes about 6 to 12 months to have your record sealed or expunged. Several agencies are required to complete certain paperwork to complete this process, and those agencies each take a certain amount of time to do the work that is required of them. Therefore, the sooner that we are retained, the sooner your record can be sealed or expunged.

For the strong advocacy you need today, please contact us at 888-309-7560 or send a brief e-mail today and we will respond to you promptly.