Expunge or Seal a Criminal Record
Seal or Expunge a Florida Criminal Record: Regain Your Peace of Mind
If you’ve ever had a run-in with the law, you know that it can leave a lasting mark on your life. A criminal record can affect your job prospects, housing options, and even your personal relationships. Fortunately, in the state of Florida, there is a legal process that allows eligible individuals to seal or expunge their criminal records. To find out if you are eligible, continue reading and take the first step towards a fresh start.
Am I Eligible to Expunge or Seal a Florida Criminal Record?
Here is a simple series of questions and answers to determine your eligibility:
The Florida expungement laws are intricate and can be found in Sections s.943.0585 – s.943.059, Florida Statutes, and Chapter 11C-7, Florida Administrative Code. Navigating these laws can be challenging, which is why it’s essential to seek professional guidance.
If you’re considering expunging your record, remember that you only have one opportunity to do so. Therefore, it’s crucial to be cautious and consult with an experienced lawyer who knows what needs to be done. Call W.F. Casey Ebsary Jr., a Board Certified Criminal Trial Lawyer in Florida, at (813) 222-2220 for expert advice.
Sealing vs. Expunging: What’s the Difference?
Understanding the difference between sealing and expunging a criminal record is essential. A sealed record is placed under highly restricted access, and it can typically be opened only for inspection by a judge, you, your attorney, a criminal justice agency, and sometimes a prospective employer. On the other hand, an expunged record would no longer exist since all the files and any reference to it are completely destroyed.
Start Here: See If You Are Eligible to Seal or Expunge Your Record
To determine your eligibility, answer the following questions:
Have You Been Charged With Any Of The Following?
- Abuse of an elderly person or disabled person
- Act of domestic violence as defined in §741.28 F.S.
- Act of terrorism as defined in §775.30 F.S.
- Aggravated assault
- Aggravated battery
- Aircraft piracy
- Arson
- Attempting or conspiring to commit any of the above crimes
- Burglary of a dwelling
- Carjacking
- Child abuse or aggravated child abuse
- Home invasion robbery
- Homicide
- Illegal use of explosives
- Indecent assault act upon or in the presence of a child under the age of 16
- Kidnapping
- Lewd, lascivious act upon or in the presence of a child under the age of 16
- Manslaughter
- Manufacturing any substances in violation of Chapter 893
- Robbery
- Sexual activity with a child who is 12 years of age or older but less than 18 years of age
- Sexual battery
- Stalking and aggravated stalking
If your answer is YES, If your answer is YES, it may affect your eligibility. If your answer is NO, move on to the next question.
Have You Ever Been Adjudicated Guilty Before?
- Do you have a criminal offense guilty adjudication or comparable ordinance violation (including criminal driving offenses such as DUI, reckless driving, and driving while the license suspended)?
- Did the acts stemming from your arrest or alleged criminal activity
result in guilty adjudication?
If your answer is YES, If your answer is YES, it may affect your eligibility. If your answer is NO, proceed to the next question.
What About Court Supervision?
- Are you currently being supervised by the court?
If your answer is YES, you may still be eligible someday. If your answer is NO, move on to the next question.
Any Prior Sealing?
- Have you had a prior sealing or expunction of a criminal record?
If your answer is YES, it may affect your eligibility. If your answer is NO, then you may be eligible to seal or expunge your record.
Will You Seal or Expunge Your Record?
If adjudication was withheld, your case was dismissed, or you were acquitted during or after trial, you should be eligible to petition the court to seal your record. After your record has been sealed for a minimum of 10 years, you may apply to have your record expunged.
The process of sealing or expunging a criminal record is complex and requires careful attention to detail. To ensure the best possible outcome and to navigate the intricacies of Florida’s expungement laws, it’s highly recommended to seek legal counsel. Call W.F. Casey Ebsary Jr., a Board Certified Criminal Trial Lawyer in Florida, at (813) 222-2220 for expert assistance in this complicated process.
Regain control over your life and your future. Don’t let a past mistake continue to haunt you. Take the first step towards a clean slate by determining your eligibility for record sealing or expungement. Contact us today, and let us guide you through the process, providing you with the expert legal representation you need to move forward with confidence.