For those who are eligible for sealing or expungement of your criminal record, it is important to know that failing to pursue this privilege will leave your criminal record for anyone doing background checks to see. This can unnecessarily present a who host of obstacles in your life moving forward.
Criminal Record Sealing:
Under Florida Statute 943.059, when you successfully have your criminal record sealed, while the criminal record is preserved, it is inaccessible to the public. Once your criminal record is sealed only people that have a legal right to your arrest record can access it.
Criminal Record Expungement:
When your criminal record for a specific criminal case is approved for expungement, the court orders the destruction of the criminal record. Only the Florida Department of Law Enforcement keeps and has access to your criminal record following the expungement.
Not everyone is eligible to have his or her criminal record sealed or expunged. There are specific criminal offenses which if convicted of will disqualify an individual from eligibility for criminal record sealing and expunging such as, aggravated assault or battery, arson, homicide, sexual crimes, or child abuse, just to name a few.
It is also important to note that while having a criminal record successfully sealed or expunged ensures your arrest or criminal history is withheld from the public, under special circumstances, if you are accused of another related crime, the courts may be able to reference your prior criminal history as a pattern of criminal behavior.
If you are seeking to have your criminal record sealed or expunged, you need an attorney on your side who is knowledgeable of the law and experienced. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.