(813) 252-1529Florida Expungement Attorney and Sealing Criminal Records
Helping Clients Clear Their Criminal Records and Move Forward
Being arrested for a crime is a stressful experience, and many defendants are concerned about how these charges or arrest records could affect their future. It can be especially troubling to have an arrest on your record if the charge ends up getting dismissed or you were found not guilty. Whenever someone is arrested and fingerprinted, a criminal record is created. In Florida, that information is available to the public. Everyone can see it unless it is sealed or expunged.
Employer background checks are routine now, so if you have a criminal record, expunging or sealing that record is a wise choice. However, it’s also a choice that is made quite difficult and sometimes impossible by Florida law.
The first step in understanding whether your charges are eligible to be sealed or expunged is to speak with a knowledgeable attorney, such as Patrick B. Courtney, P.A. He can check to see if your charges resulted in a conviction and let you know whether sealing or expunging would be a better option. Call the office today to start the process of clearing your criminal record.
What Records Can Be Sealed or Expunged in Tampa?
Every state has its own rules for whether criminal records can be sealed or expunged and what charges are eligible. It’s a common misconception that any criminal charge or conviction can be removed from your record if you request it, but this isn’t accurate. Not every criminal record in Florida can be sealed or expunged. Only certain arrest records and charges — not convictions — may be hidden from public view. If an arrest and a charge led to a conviction, the arrest and charge cannot be sealed or expunged.
Arrests and charges may be sealed or expunged only if the charges qualify: that is, if the charges were dropped or dismissed, if adjudication was withheld, or if a defendant was found not guilty at trial. And even if adjudication was withheld, the arrest records for many sex crimes and crimes of violence in Florida can never be sealed or expunged.
What this means is that if you’ve ever been convicted of a crime in Florida — even for something like reckless driving — you cannot seal an arrest record if you were convicted on the charge that you were arrested for. Even the best defense lawyer won’t be able to help you.
If you’re not sure whether your charges are eligible for sealing or expungement, your first action should be to speak with a qualified defense attorney. They can review your record, let you know which charges or arrests may be eligible to be removed, and help you start this process.
Who Can See Sealed or Expunged Criminal Records?
When a record is sealed or expunged, it doesn’t actually completely go away. Instead, it is removed from the public records. This means that anyone checking public records databases won’t be able to see the arrest or charges. It also means that you generally won’t need to disclose the arrest or charges to an employer or anyone else. However, there are some exceptions, and who can see the record and what information they are provided depends on whether the record was sealed or expunged.
If the record was sealed, certain criminal justice agencies and some employers will be provided the sealed arrest event with a note that states that the information has been sealed. If the record was expunged, the criminal justice agency or other qualifying entity receives the person’s demographic information and a notice that the record was expunged. In this case, the entity does not get any information on what the charges were or any details regarding the arrest.
Qualifying entities that may receive information about sealed or expunged records may include:
- Agency for Health Care Administration
- Agency for Persons With Disabilities
- Criminal justice agencies
- Department of Children and Family Services
- Division of Vocational Rehabilitation
- Department of Education
- Department of Health
- Department of Elderly Affairs
- Department of Juvenile Justice
- Florida Bar, if the person is applying for admission
- Law enforcement agencies
- Licensed importer, manufacturer, or dealer of firearms
- School systems, if the person is applying for a job
There are some other circumstances where an expunged or sealed criminal record would need to be disclosed, such as if you are asking to be appointed as a guardian. An attorney can help you determine if you need to disclose an expunged or sealed arrest and what information will be revealed about the criminal offense.
What Is the Difference Between an Expunging and Sealing a Criminal Record?
Expungement and sealing are not the same thing. Expungement is a better option if it’s available. It erases information about your criminal case from police and court computers.
Sealing a criminal record in Florida is almost the same thing as expunging it. After a record is sealed, it can be expunged after ten years. Florida law assumes that a judge will grant a motion to seal or expunge if the defendant qualifies.
A judge may deny a request to seal or expunge a criminal record, but if the judge cannot set forth a sufficient legal reason for denying the request, the denial may be overturned by an appeals court.
In fact, Florida’s Third District Court of Appeal has determined that “once an applicant satisfies the criteria … the applicant is presumptively entitled to an order to seal or expunge court records.”
What Are the Different Options for Expungement?
When someone is seeking to have a criminal record expunged, there are several options depending on the type of arrest and whether the person was a juvenile or an adult at the time of the arrest. Juvenile records are generally expunged automatically when the person turns either 21 or 26, depending on whether the defendant served time at a juvenile correctional facility. In some situations, a juvenile diversion expungement or early juvenile expungement may apply.
Other options for adults include:
- Administrative expungement. This is an option if the arrest was illegal or was made by mistake
- Court-ordered expungement. If the person applies to the Florida Department of Law Enforcement and is granted a Certificate of Eligibility, they may be able to get a court-ordered expungement
- Human trafficking expungement. Victims of human trafficking may be eligible to have their criminal record expunged for any charges or arrests that happened as part of that same human trafficking scheme
- Self-defense expungement. If an arrest was made regarding a violent altercation but no charges were filed or the charges were dismissed, the person might be able to apply for an expungement if they can get a Certificate of Eligibility that shows they were acting in lawful self-defense
Florida expungement lawyers are familiar with all of these processes, including requesting that records be sealed. They can help you understand what process your arrest or charges fall under and how to start the process.
What Is the Benefit of Sealing or Expunging a Criminal History Record?
Most people want to make every effort to erase a criminal history. A judge’s decision to seal or expunge a record provides some confirmation that an arrest was wrongfully made or a criminal charge was wrongfully filed.
Sealing or expunging a record is one more way to help find employment and housing that may otherwise be denied to you. Sealing or expunging a record is not an ironclad guarantee that no one will ever see the record, but it’s better than simply giving up on your future.
Criminal background checks are available from the major credit reporting agencies: Equifax, Experian, and TransUnion. Under federal law, sealing or expunging a record prevents a court or a law enforcement agency from providing that record to these agencies.
How Does the Fair Credit Reporting Act Protect You?
The federal Fair Credit Reporting Act forbids any background check that a job candidate does not give an employer permission to conduct, and it requires employers to give applicants the opportunity to dispute damaging information returned by a background check.
If a sealed or expunged record appears on a background check for any reason, a job applicant can show the employer the order to seal or expunge, which again is evidence that the arrest was wrongful or that the criminal charge was wrongly filed.
Florida allows you to seal or expunge a criminal record only once. You cannot seal or expunge a second arrest, charge, or conviction, so if you are a career criminal or if you have multiple prior convictions, you will not be eligible to seal or expunge your records.
How Do You Request That a Record Be Expunged or Sealed?
The first step in having a record sealed or expunged is to speak with an attorney to ensure the record is eligible. After that, you will generally need to apply for a Certificate of Eligibility from the Florida Department of Law Enforcement. The process for determining if a record is eligible for sealing or expungement is involved, and you can expect it to take about three months from when the office receives the application. Once you are granted a Certificate of Eligibility, you can file a petition for relief with the courts. A judge will make a final decision on whether the record can be sealed or expunged.
Talk to a Tampa Expungement Attorney Who Is Here to Help
Sealing and expunging criminal records in Florida is an exceedingly complex procedure, so you can’t work with an attorney who does not have substantial experience in this area of the law.
Tampa expungement and criminal justice lawyer Patrick B. Courtney has extensive experience sealing and expunging criminal records for his clients in Pasco, Sarasota, Hillsborough, Polk, Pinellas, and Manatee counties.
He’s a former prosecutor who now works as a defense attorney, and he knows how difficult it can be to seal or expunge a criminal record in Florida. His background and years of experience make him the trusted attorney of choice for those who seek to seal or expunge a criminal record.
Learn more. Call Pat Courtney’s law offices at (813) 252-1529 or complete the brief contact form on this website.
