A criminal record can have lasting ramifications on every area of your life, from securing employment and housing to obtaining credit. In some cases, individuals with a record may qualify to have it expunged.
If you want to pursue this legal process, consult a Windermere expungement lawyer who could explain your legal options. Expunction of a criminal record is not a simple process, and particular factors must apply to your situation to qualify.
A respected criminal defense attorney could assess whether your case meets these eligibility requirements, prepare the initial application, and represent you at hearings. Call today to schedule an initial consultation.
There are multiple ways to seek expungement of a criminal record. A Windermere lawyer could identify whether your circumstances serve as plausible grounds for expungement. Generally speaking, you could qualify if you have a criminal record for a misdemeanor offense that ended without a conviction, such as an acquittal or dismissal.
Expunging a criminal record is different than sealing one. When you seal a record, it is made confidential so the public cannot see it, but it still exists and is accessible. Law enforcement and even a company running a background check on you can locate a sealed record.
On the other hand, expunging a record almost entirely eradicates it, with the exception of certain government entities who can still view it. However, these records would not be accessible to others and would not appear on a background check.
To qualify for expungement, you must not have been found guilty of a criminal offense as an adult, been involved in an adjudication of guilt or delinquency, or been adjudicated as delinquent in a prior juvenile case. You also cannot have other sealed or expunged cases pending or completed, as this can only be done once in your life.
Several situations can allow you to successfully seek expungement of a criminal record. For example, if you were wrongfully charged as an adult or juvenile, this would usually qualify you to get your record expunged.
Additionally, a minor who completed a diversion program to resolve a misdemeanor may qualify for early expungement. For the most part, most juvenile records are automatically expunged at the age of 24 or 26. You can also apply for a certificate of eligibility to seek expungement when the underlying act constituted lawful self-defense.
The expungement process begins when you complete the application for a certificate of eligibility. A Windermere expungement attorney could help you fill out the correct forms and ensure you do not miss vital steps.
For your record to be eligible, the application for certification of eligibility must be granted first. The prosecutor’s office must sign it, allowing you to petition the court for expungement.
You then must complete a fingerprint form, provide documents about the final disposition of your case, and pay the required fees. We could help if your application is denied and you need to ask the court to reconsider your request.
Furthermore, certain offenses may not be eligible for expungement, even if an adjudication of guilt was never reached. These include but are not limited to:
If you entered a plea or were found guilty of a criminal charge, this record typically cannot be removed. Regardless, reach out to our office today to share the details of your case.
The length of the expungement process depends on the unique factors of your case. Generally, it can take several months to a year or more. You can seek one expungement in your life, but it can include multiple arrest records if these are proven to be correlated.
A Windermere expungement lawyer could evaluate all possible avenues to show that you are eligible to remove a criminal record. Whether through an administrative process, juvenile diversion, or other expungement grounds, our team could handle your petition so you can focus on your future. Do not hesitate to contact our office to speak with an experienced attorney about your case today.
The Umansky Law Firm Criminal Defense & Injury Attorneys
