Switch to ADA Accessible Website
Orlando Criminal Lawyer

Your Record May Not Be As Clean As You Think

CrimRecord2

Many residents of the state of Florida are often surprised to find that their criminal record may not be as clean as they thought it was. Often, people believe that if they have not been convicted of a crime their record is clean. And in many cases these same people may have even been told by an lawyer or a judge that their record will be clean, however, an individual’s criminal record is often more complex than people know. In the event, that you have been arrested–regardless of conviction–it is likely you have a criminal record. Fortunately, in many cases, a Florida criminal defense lawyer can work to clear your record by utilizing various provisions in Florida law.

Cleaning Up Your Record

Florida law provides that an individual can clean up their record through a process called expungement and sealing. Although not guaranteed to perfectly clear your record, this process can help keep an arrest from showing up on background checks. Unfortunately, when you are arrested for a crime you will most likely have a permanent record of your arrest regardless of the charge being dismissed. However, expungement can help an individual clear their name in the public eye.

In order to seal your record or get an expungement, you must not have been convicted of the criminal offense you were arrested for. This means that no matter how insignificant or how long ago the criminal offense may have occurred, if you were found guilty, it can not be expunged. Additionally, if the arrest resulted in any type of sentence, you are not eligible for expungement unless adjudication was withheld.

When a court agrees to seal your record, the Clerk of the Court will remove the arrest from their website, and this will make it so the Clerk can not see if the arrest ever occurred. In most cases, expungements are successful when the criminal charges were dismissed or never filed. If this is the case the court can ask law enforcement to destroy your arrest file and erase any record of the arrest.

What Kind of Charges Are Eligible?

If your case was dismissed then any criminal charge is eligible for expungement. However, the same does not hold true for sealing, as certain serious charges may not be eligible for sealing regardless of if the case was dismissed. Some of these offenses include sex crimes, homicide, aggravated assault, and arson.

It should be noted that the state of Florida only allows one sealing or expungement in a person’s lifetime.

If you have been charged with a crime and adjudication was withheld under most circumstances, you can legally say “no” when asked if you have been convicted of a crime on a private employment application. However, your arrest will still show up on a background check. In many cases, if you have received an expungement or have had you record sealed, you are allowed to say under oath that you have never been arrested.

When you apply for an expungement or sealing it is at the complete discretion of the court to decide whether or not the expense would be granted. Although, in most cases it is likely the request will be granted if the individual has no previous convictions.

Need Help?

If you have been charged with a criminal offense or have questions about expungement do not take on the justice system alone. Contact The Baez Law Firm in Orlando for aggressive, effective representation.

Resource:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0943/titl0943.htm&StatuteYear=2009&Title=-%3E2009-%3EChapter%20943

  • Facebook
  • Twitter
  • LinkedIn
Miami

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111
Orlando

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab