Human Trafficking Expungement Updates in Florida
The process of receiving a criminal record expungement requires all documents and information relevant to your case (both physical and electronic) be completely destroyed. However, Florida law states that a sole record of one’s criminal history be retained, to be used by law enforcement for certain situations.
The general expungement statute has various criteria in order to allow the expungement of criminal records in Florida, such as having zero past criminal convictions and not having expungement requests for different cases. However, there have been recent changes to some of these criteria, specifically for the victims of human trafficking.
New Revisions and Their Implications
Florida Statute 943.0583 introduced new criteria applicable for any victims of human trafficking who wish to expunge records of actions they were forced to commit while being held against their will. The criteria differ for these victims since their past criminal history will not play a factor in their ability to request expungement. These changes make the expungement process easier for them to understand and take advantage of when it is offered.
Important Requirements For Eligibility
It is important to be aware of not only the changes made for victims of human trafficking but the requirements they must meet in order to expunge all related acts that were carried out while they were being held. One of the first requirements is based on the type of criminal offense that they committed. Non-violent crimes are deemed acceptable to be expunged under this statute but violent offenses, such as murder, are not.
Another important requirement is that they need to fully prove victimization, such as through official documentation or clear evidence that can be used in court. They must also take it upon themselves to practice due diligence in requesting the expungement once they are able to do so. The courts determine if due diligence has been carried out based on how quickly the victim looks for legal resources once freed.
How Do I Learn More About Expungement For Human Trafficking Victims?
New changes to expungement criteria in Florida can be confusing and hard to understand at times. Call today to speak with a knowledgeable and experienced attorney at the Umansky Law Firm to learn more about your options for expungement.