You are ready to move on with your life in the most positive direction after an arrest or criminal charges, but you do not know where to start. Employers and landlords will probably use a criminal history against you after discovering it during a background check. If you apply for a bank loan to start a small business, they will know about your past and may deny you because of it.
Ask anyone who has been incarcerated and then must divulge the fact on a job application. They may not be told they did not get the job because of a criminal record, but it happens often. If you recognize your own situation, contact a Belle Isle expungement lawyer to discuss how we could block the public from accessing your criminal history. Our trusted criminal lawyers are here to help.
Expungement is also known as expunction, and sealing your record is a similar process that removes access to the public. Florida Statutes § 943.0581 is one form of expungement called administrative expunction. The Orange County Sheriff’s Office or another law enforcement agency, an adult, or the parents or guardians of a minor can apply to the Florida Department of Law Enforcement (FDLE) for an administrative expunction of a nonjudicial record for an arrest made by mistake or contrary to law. The application must be accompanied by an affirmation letter from the head of the arresting agency.
An expungement when the arrest is valid generates criminal history records stored by numerous government agencies, including the Belle Isle Police Department, the Orange County Sheriff’s Office, the Clerk of the Court in Orange or Seminole County, diversion programs, county jails, and the Florida Departments of Corrections and Law Enforcement. Prospective employers and others conducting background checks, including companies that provide this service, can easily access your records from these agencies.
When a person is arrested, a criminal record is generated and made public unless it is expunged or sealed. Expunged and sealed records cannot be viewed by the public. However, expunged records can only be viewed by government officials with a court order, and sealed records are visible to most government agencies. Expungements are possible in limited circumstances. A Belle Isle expungement attorney can discuss options open to you.
Along with administrative expunction, Florida allows victims of human trafficking arrested or convicted of prostitution to petition for an expungement by providing documentation as a trafficking victim.
If the state attorney agrees that a prosecutor never filed charges against you or the court dismissed the charges because they were related to your acting in lawful self-defense, your record can be expunged.
Juveniles are granted some leeway if they complete a pretrial diversion program, if the arrest was not for a felony involving a firearm or force, and the charge is a first-time offense. Florida automatically expunges juvenile records when the young person turns 21 or 26, depending on the circumstances, with the possibility of expungement as early as 18 upon application and if the teen has not committed a crime in five years.
Not all people wishing to expunge a criminal record will qualify. We can help you apply for expungement if:
The list of crimes that will disqualify includes homicide, child pornography, arson, and several violent felonies. The only way to know if you qualify for expungement is to sit down with a Belle Isle lawyer and let us help.
Once we discuss the particulars of your arrest and history, we can determine whether you are eligible for an expungement of your criminal record. We file for an expungement by requesting a certificate of eligibility from the FDLE. The certificate is the first step to showing your record is eligible for expungement, although the judge had the discretion to refuse to grant it.
We then file a petition with the court, along with the certification, and ensure the state attorney and arresting agency receive the petition. We then represent you in court. With the help of a Belle Isle expungement lawyer, your future can be restored without fear of a criminal record tainting it.