Having an arrest for prostitution on your record could cause problems for you for the rest of your life. While the prospect of jail time or fines is real, the charges alone can impact your reputation and your ability to earn a living. Thankfully, there are ways you could avoid these long-term consequences even after you have been arrested.
Expunging and sealing prostitution arrests in Orlando could be possible, depending on the facts of the case. The requirements are strict, so it is important that you have the guidance of a reliable prostitution attorney along the way.
There are numerous consequences that come with a prostitution conviction. This criminal charge comes with the possibility of jail time and monetary fines. While a first-time offense is a misdemeanor, repeat offenders will face felony charges.
In addition to these statutory penalties, there are also other consequences that could follow a person long after they serve their jail sentence or even if they were not convicted at all. Someone accused of prostitution could struggle to find employment, be limited in their housing options, and might also be a problem during custody disputes. For these reasons, it may be in a person’s best interest to try and seal or expunge their prostitution arrest in Orlando.
First, it is important to understand the difference between sealing and expunging a criminal record. These terms are often used interchangeably, but each process and effect is unique.
As the name suggests, sealing a public record removes public access to the court records. While the general public can no longer gain access to it, these records are not destroyed. Instead, it is still possible to access them with a court order.
Records are not destroyed during expungement either but this process goes farther than sealing. With expungement, a judge not only removes the record from public view but issues an order to law enforcement to expunge the arrest.
The requirements for sealing and expungement are straightforward. It is important to remember that these tools are designed to remove records related to arrests, not convictions. Anyone with a criminal conviction on their record may not be eligible for either process.
When a person has criminal charges against them dropped, it is possible to have the record of the arrest expunged. Sealing records is an option for someone whose case was not dropped but their guilty plea was held without adjudication. It is also possible to expunge a sealed arrest record after 10 years.
Before anyone can apply for these options, they must first secure a document known as a Certificate of Eligibility. Once the applicant has this document from the Florida Department of Law Enforcement, they can petition the court to act.
The major legal hurdles in these cases are meeting the qualifications. A person may not qualify for either option if they have been found guilty of a criminal offense. This includes situations where an individual qualified for sealing or expungement of one charge but was then convicted of a new offense.
There are numerous benefits of expunging a prostitution arrest in Orlando. Even without a criminal conviction, records of a prostitution arrest will show up in background checks, which can make it difficult to qualify for housing or get a job, despite the fact the defendant was never convicted of a crime. Removing public access to arrest records could make life easier in numerous ways, from preventing red flags in job and home applications, to removing the social stigma that comes with that charge.
Expunging or sealing your prostitution arrest in Orlando could have a positive impact on your life. You should not have to experience the negative stigma associated with this crime if you were not charged or convicted. However, securing this outcome is going to be hard on your own. Reach out to a compassionate defense attorney today for the guidance you need.
The Umansky Law Firm Criminal Defense & Injury Attorneys
