If you’ve ever been arrested for a crime or criminally convicted, you may have faced discrimination due to your criminal history. Employers may have reviewed a disclosure on your job application or found your record on a criminal background check and decided to go in another direction. Unfortunately, for many people who are attempting to continue their lives after an arrest, it’s not difficult to access a criminal history in the state of Florida.
Depending on the circumstances of your arrest and the outcome of your case, there may be options available to you. By sealing or expunging your criminal record, you make the details of your arrest virtually inaccessible to employers and other interested parties. Florida expungement attorney Amanda Kazzi can review your case and tell you if you are eligible to have your criminal record sealed or expunged. Call today.
Sealing and Expunging Records
Sometimes, the terms “sealing” and “expungement” are used interchangeably, but each has a distinct meaning in Florida.
Sealing
When you seal a criminal record, the record still exists, but it becomes inaccessible by most entities. The police, military, and other branches of government can still access this record, but most private concerns can’t.
Expungement
Obtaining an expungement is much more difficult. This is essentially the deletion of a criminal record. For all intents and purposes, it’s as if the arrest and criminal charge never occurred.
Both processes are allowed under Florida law, but depending on the circumstances of your case, it may be easier to have your records sealed, which may suit your purposes.
How to Seal or Expunge a Criminal Record in Florida
The first step in sealing or expunging a criminal record is to determine whether or not you are eligible. The requirements are outlined under Florida state statute 943.059 for sealing and state statute 943.0585 for expunction. Both statutes contain lists of crimes that can bar your eligibility if you’ve ever been convicted of them, even if they have nothing to do with the record you’re trying to seal or expunge. For instance, if you’ve ever been convicted of assault or battery, they can stop you from sealing or expunging another record.
The next step is to apply to FDLE for a Certificate of Eligibility to Seal or Expunge your criminal record. If they determine that you’re eligible for sealing or expungement, the process will take about twelve weeks.
Why you Need an Attorney for Sealing or Expungement
The law doesn’t require you to have an attorney to seal or expunge your criminal record, but it’s not an automatic process, and it can be fraught with red tape. If you retain the services of a criminal defense lawyer who seals and expunges records, they can advise you on the steps you need to take to ensure success. It may be the case that you’re not eligible for sealing or expungement. By talking to a sealing and expungement lawyer, you’ll know exactly where you stand.
Frequently Asked Questions about Record Sealing and Expungement in Florida
The following are the answers to questions asked by clients and potential clients at Kazzi Law. Contact Florida expungement lawyer Amanda Kazzi for specific legal advice about your case.
What do sealing and expungement do?
Sealing makes it so that your criminal record is not visible to most entities. Law enforcement agencies, the U.S government, FDLE, and other agencies will still be able to view your record in its entirety. An expunged record deletes the entire history. The same agencies that could view your sealed record will be told that a record was expunged, but they will not be able to view it.
Do I need to seal a juvenile record in FL?
Most juvenile records in Florida are expunged automatically when the subject turns 21. There are exceptions for forcible felony convictions.
Do I have to disclose to an employer my convictions if they are sealed or expunged?
Most employers will ask if you’ve been convicted of a felony. If your record is sealed or expunged, and you say “no,” they should not be able to confirm or refute the information. Government entities, on the other hand, will probably be able to verify your criminal record during the background check.
Ormond Beach, FL Lawyer for Sealed Records and Expungements
If you’re trying to put a criminal conviction in your past, you may benefit from record sealing or expungement. Get a fresh start without a criminal conviction barring you from employment and educational opportunities. Call Kazzi Law and find out if you’re eligible for record sealing or expungement.