As former Florida prosecutors, we’ve tried hundreds of cases and bring a rare insider’s perspective to every defense. We understand how cases are built on both sides, which helps us negotiate more effectively, positioning each case for the strongest possible outcome.
At The Umansky Law Firm, we are contacted daily by people who are struggling to move forward with their life due to an arrest that happened years ago. We also speak with many people who were recently arrested and want to know how they can avoid those same struggles. Fortunately, in the State of Florida, you can remove a prior arrest from your record by having it sealed. By doing this, your criminal record no longer has to follow you and prevent you from reaching your goals, but you’ll need the help of an Orlando expungement lawyer.
The team of criminal defense lawyers at The Umansky Law Firm consists of former state and local prosecutors. With the time spent on the other side of the law, we understand all that goes into getting a conviction but also the potential opportunities available to those who wish to exploit them. Bring your case to us and we can inform you whether it qualifies for sealing and what the process may entail.
Perhaps it was a crime you were arrested for 15 years ago or a misdemeanor offense you committed when you were much younger. Unfortunately, it doesn’t matter how long ago it was or what the offense was in the eyes of the law. Once you are in the criminal justice system, your past can follow you forever, continuously interfering with your ability to move forward in your life. The existence of a criminal record may reduce or eliminate your ability to achieve the many things that you are trying to accomplish, including:
People make mistakes, but we feel everyone should be entitled to a second chance. Unfortunately, our criminal justice system thinks otherwise and can end up punishing you for the rest of your life after just one simple mistake. Even after you’ve made good on your actions and learned from your mistake, the system can make it nearly impossible to progress forward and achieve your goals.
The process of sealing your record is complicated and without the assistance of an experienced criminal justice lawyer in Florida, you run a high risk of having your request denied. We have dedicated a section of our practice to handling the sealing of criminal records and have helped countless clients over the years. Don’t let the justice system hold you back any longer, take the first step towards freedom, and find out if you’re eligible to have your record sealed.
Learning whether or not your offense is eligible for being sealed should be your primary concern before seeking legal counsel to guide you through the process. While every case has its own specifications and intricacies, there are a few conditions one must meet before considering record sealing. These include:
If you meet this criterion or have questions regarding your special circumstances, be sure to seek guidance from a seasoned criminal defense attorney.
Florida Statute § 943.059 allows eligible people to apply to have their criminal record sealed. Once a criminal record is sealed, the information it contains is not available when someone does a background check. A sealed criminal record can open up opportunities in housing, education, and employment.
However, the record remains accessible to law enforcement personnel. If you are convicted of another crime, the information in the sealed record could impact the later proceedings and might lead to a longer sentence. The record may be accessible to immigration personnel in some cases.
Sealing a criminal record shields it from public access, but the record continues to exist and some government agencies continue to have the right to access it. An expungement under Florida Statute § 943.0585 requires the destruction or obliteration of any paper and electronic records pertaining to your arrest and the charges. However, some federal law enforcement agencies and immigration authorities may be granted access to the expunged record.
The law requires you to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). The process requires you to fill out an application, include substantial supporting documentation, and pay a fee. The FDLE must verify your documents and conduct an investigation into your criminal history. Approval and issuance of a Certificate of Eligibility may require up to twelve weeks. If the FDLE denies your Certificate, you can appeal the decision.
Once you have obtained a Certificate of Eligibility from the FDLE, you must file a petition for expungement or sealing with the circuit court in the county where you were arrested. You must also serve the petition on the state’s attorney in the jurisdiction. The state’s attorney may object to your request, and in that case the court may schedule a hearing where both sides can present their arguments. If the state’s attorney does not object, the court can approve your request without a hearing.
Our Orlando attorneys can help you prepare the petition for expungement or sealing, file it in the appropriate court, and represent you at the hearing if one is necessary.
Many violent crimes and sex crimes, and some domestic violence charges, are not eligible for sealing or expungement. Our attorneys in Orlando can review your circumstances and advise whether you are eligible to apply for sealing or expungement.
No. A criminal record can be sealed only if the state dropped the charges, the court dismissed the charge, or the prosecutor declined to pursue the case (nolle prosequi).
The Orlando criminal defense lawyers at The Umansky Law Firm have over 100 years of combined experience and are dedicated to helping the accused regain their freedom. Bring your case to us and we will analyze the details, make you aware if you qualify for record sealing, and pursue the most appropriate ensuing actions. As former prosecutors, our attorneys have tried hundreds of cases in Florida courtrooms, giving us a unique perspective unknown to most Central Florida law firms. Contact us today for a free case evaluation.
You can also use our live chat service to speak with us about your case and answer your questions.
The Umansky Law Firm Criminal Defense & Injury Attorneys
The Umansky Law Firm Criminal Defense & Injury Attorneys
