What is the Difference Between Sealing and Expunction of a Criminal Record?
If you have a criminal record, it is essential to understand how it could affect your life going forward. Whether you are concerned about job or housing opportunities, there is a lot at stake for your future.
You may have heard that you could have your record sealed or expunged, but do you understand the difference? Learn more about these two legal processes and what it means for you.
What Does It Mean to Have Your Criminal Record Sealed?
The primary purpose behind sealing your criminal record is to keep the details of your conviction out of the public eye. This means that if your employer or housing agent runs a background check, they would not have access to this information through many traditional search methods.
While sealing your record could help you enjoy a fresh start, those hidden details are not gone completely. Government agencies, particularly law enforcement, would still retain access to your criminal record even though it has been sealed. So, your conviction could be used against you in future cases of criminal prosecution.
What Does Expunction Mean for You?
Expunction goes a step further than merely sealing your criminal record. In this case, Florida’s clerk of the court or the State Attorney’s Office would destroy all physical records related to your arrest or conviction, as opposed to merely hiding it from the public. On paper, it would be as if you were never charged, regardless of who runs a background check.
Expunction comes with many benefits, as you may have guessed. You would enjoy the confidence of an added layer of protection and could truthfully deny that the charge ever existed on employment and other applications.
What Charges Could be Sealed or Expunged?
You could request to have most offenses sealed in the state of Florida, except charges like aggravated assault, sexual battery, and human trafficking. As well, if the charges were dropped, you may also have grounds to have them sealed. In order to do this in the state of Florida, you must contact the Department of Law Enforcement and petition for a Certificate of Eligibility.
However, having your criminal record expunged could be more complex. In this process, arrest records for dismissed charges or those that end in an acquittal may be eligible, along with many first time misdemeanor convictions. Just note that, you may be subject to a waiting period before some non-violent felonies are eligible to be expunged.
The Umansky Law Firm Can Help You With Sealing or Expunging Your Criminal Record
Now that you have a basic understanding about the differences between sealing and expunction of a criminal record, it is time to get sound advice from a skilled criminal defense attorney at The Umansky Law Firm. We are dedicated to serving our community and we will guide you through every step of the way.
Do not let legal uncertainties hold you back any longer. Rest easy knowing you have a knowledgeable legal team fighting for your rights to a sealed or expunged criminal record. Contact us today for the answers to your tough questions and let us help you get back on track.
