Who Qualifies for Sealing or Expungement?
A criminal record can follow you for years, impacting job opportunities, housing applications, and even personal relationships. Fortunately, Florida law provides options to seal or expunge certain criminal records, offering a fresh start.
To learn more about eligibility and the application process, connect with a Clearwater criminal lawyer. Then, if you qualify, your lawyer can guide you through the steps you need to take to access a clean slate.
Differences Between the Two
Before pursuing a fresh start, recognize that sealing and expungement are not identical. When a record is sealed, it is hidden from public view but law enforcement and certain government agencies can still access it. Yet when a record is expunged, it is physically destroyed, and only limited entities (such as law enforcement) can see that a record once existed.
Not all criminal records are eligible for sealing or expungement in Florida. Eligibility depends on the following factors:
- Charges dismissed or not filed. If charges were dropped, dismissed, or you were acquitted, you may qualify for expungement.
- No prior sealing or expungement. Florida law only allows one sealing or expungement per lifetime, with limited exceptions.
- Certain offenses are ineligible. Serious crimes, including certain violent offenses and sex crimes, cannot be sealed or expunged.
- Completed sentence with no convictions. If you entered a plea and received a withhold of adjudication, you may be eligible for sealing, but a conviction disqualifies you from either process.
To move forward, you will need to obtain a certificate of eligibility. To do this, submit an application to the Florida Department of Law Enforcement with fingerprints, a certified disposition of the case, and a processing fee. Once you receive your Certificate of Eligibility, file a petition with the court in the county where the arrest occurred.
In some cases, a hearing is required. If the judge grants the request, an order to seal or expunge the record is issued. When the order is sent to relevant agencies to remove or restrict access to your record it is referred to as the final processing.
Common Pitfalls to Avoid
Ineligibility issues is a reason why some efforts to seal a criminal record are not fruitful. You need to ensure you qualify before applying. And of course, review your application to be sure there are no errors. Mistakes in paperwork can delay or derail the process.
While the process can take time, it can be worth the effort and a Clearwater criminal lawyer can help. Benefits of sealing or expungement include giving you access to more employment opportunities as employers who conduct background checks won’t see your record. Additionally, when submitting housing applications, landlords cannot use a criminal history to deny your application. You can restore your reputation in a range of settings.
Will you be able to put the past behind you? Talk to the legal team at King Law Group about Florida’s expungement laws. An attorney can evaluate your eligibility and guide you toward a secure future. When you are ready to explore all of your options, schedule a confidential consultation.
