Pensacola Criminal Defense Lawyers Explain How to Seal a Criminal Record After Charges
What’s up guys! If you got arrested or charged with a crime in Pensacola but the charges ended up getting dropped, you might be wondering if you can get your criminal record sealed. I feel you. Having an arrest or charges on your record can really mess things up when it comes to getting jobs, apartments, loans, and other stuff.
The good news is Florida law allows people to get certain criminal records sealed if the case ends without a conviction. This article will break down the basics of record sealing and expungement in Florida. I’ll try to keep it simple and avoid too much legal mumbo jumbo.
The Difference Between Sealing and Expungement
There’s a lot of confusion about sealing records versus expunging records. Here’s a quick rundown of what each one means:
- Sealing – When a record is sealed, the public can’t see it anymore. Most employers and landlords won’t know about the arrest/charges. But government agencies like law enforcement can still access sealed records.
- Expungement – When a record gets expunged, it’s destroyed. An expunged case is basically wiped off your record like it never happened. It’s the cleanest type of record clearance there is.
So expungement is better, but it’s also a lot tougher to get. We’ll focus on sealing for now since it’s more realistic for most cases.
When Can You Get a Dismissed Case Sealed in Florida?
There’s a few ways to get a dismissed case sealed in the Sunshine State:
1. Automatic Sealing for First-Time Drug Offenders
A while back, Florida passed a law that lets first-time drug offenders get their records automatically sealed if they complete a diversion program or their charges get dropped. This happens without you having to file any paperwork or go to court. Sweet deal.
To qualify for automatic sealing, you gotta have:
- No prior felonies
- Gotten busted for a misdemeanor drug charge like possession
- Completed pretrial intervention, drug court, or similar program – OR had your drug charges dropped completely
So if it was your first rodeo and your drug charges got dismissed, you should be all good. Your criminal record will seal itself within 60 days automatically. Just kick back and let the system work its magic!
2. Getting Non-Drug Cases Sealed
Let’s say your dismissed charges weren’t drug-related, or it wasn’t your first offense. You can still try to get your criminal record sealed, but there’s more steps involved.
- You’ll need to submit a petition to the court and schedule a hearing
- There will likely be filing fees between $75 and $400 bucks
- The State Attorney’s Office will be notified and can object to the sealing
- The judge will decide whether to grant or deny the petition to seal
The exact process varies by county, but that’s the basic gist of it. Some key things the court considers are:
- How much time has passed since the charges were dropped
- The facts and circumstances of the arrest/charges
- Your prior record and background
According to Florida law, you gotta wait at least 6 months after your charges get dismissed to apply for sealing. But most lawyers recommend waiting a full year if possible, since it looks better to the judge.
The more time between the dismissal and your petition, the better chance you have of getting approved. As far as background goes, having a clean record with no prior convictions is ideal.
What Types of Charges Can Be Sealed in Florida?
This always trips people up. Just because your charges got dropped doesn’t necessarily mean you can get them sealed afterwards.
It comes down to whether the charges were criminal or civil in nature.
- Criminal charges like theft, assault, weapons offenses, etc. CAN be sealed if they get dismissed
- Civil infractions like traffic tickets and most marijuana possession charges cannot be sealed under Florida law
Here’s a quick list I came up with of common dismissals you can and cannot seal:
Sealable Criminal Charges
- Assault/Battery
- Burglary
- Disorderly Conduct
- Fraud/Forgery
- Petit Theft
- Trespassing
- Vandalism
- Most Drug Possession
Non-Sealable Civil Infractions
- Traffic Tickets
- DUI
- Boating Citations
- County Ordinance Violations
- Most Weed Charges
As you can see, it’s mainly criminal misdemeanors that are eligible for sealing after dismissal. There are some exceptions, but this general guide should help you figure out if your charges qualify.
Why Bother Getting a Dismissed Case Sealed?
Great question! As the saying goes, “If it ain’t broke, why fix it?
“Well here’s the thing – even if your charges got dropped, that arrest can still show up on background checks when you apply for jobs, loans, licenses etc. It’s basically like having a permanent dark cloud hanging over your record.
Getting your dismissed case sealed is all about lifting that cloud for good.
Here’s just a few reasons why sealing your criminal record is so important:
- Employment – Most employers do background screening today. An old dismissed charge can cost you job opportunities.
- Housing – Landlords often check criminal histories before approving tenants. An arrest record can mean more rental denials.
- Travel Visas – Some countries may deny travel visas if they see a prior (even dismissed) criminal record.
- Gun Ownership – You cannot legally purchase firearms in Florida if you have any prior arrests. Getting charges sealed lifts this restriction.
- Peace of Mind – Not having to worry about that old arrest coming back to bite you gives major peace of mind.
As you can see, getting eligible dismissed charges sealed is super beneficial all around. It essentially gives you a clean slate and removes a ton of headaches down the road.
How Much Does Sealing a Criminal Record Cost in Florida?
Between all the filing fees, fingerprints, background checks, certified copies and attorney costs – getting your record sealed can get kinda pricey.
Plan on spending anywhere from $500 to $5,000 depending on your specific situation. The exact cost breakdown looks like this:
- Petition Filing Fees – Around $75 to submit your petition, plus another $50 for fingerprinting.
- Certified Arrest Records – You need to get an official Certificate of Eligibility from the arresting agency ($25 per arrest report).
- Attorney Fees – Hiring a lawyer to handle your sealing costs between $1,000 and $3,000 on average.
- Background Check Fee – After the case is sealed, ordering a background check to confirm it worked will be another $25-$50.
So yeah, the whole process can take a decent chunk of change. Some people try applying for financial assistance or saving up the cash themselves. Others borrow money from family to cover it.
I’d say it’s worth making some sacrifices though to get that arrest sealed for good. Paying upfront saves you way more money and headaches over the long run.
Finding a Lawyer to Help Seal Your Record
Trying to navigate Florida’s sealing laws and court system yourself can be super frustrating. That’s why most people hire a local criminal defense attorney to handle the whole record sealing process for them.
The right lawyer knows all the ins and outs of getting charges sealed. They’ll review your arrest record, see if you qualify, file the petition, represent you at the hearing, and walk you through any appeals if needed.
If you’re looking for legal help sealing a dismissed case in the Pensacola area, I’d be glad chat about your situation! Here’s a few quick things about my background:
- Former prosecutor – I know exactly how the State Attorney’s Office works and what arguments they’ll use.
- Board certified in criminal trial law – I have extra credentials and experience with record sealing hearings.
- Affordable legal fees – I don’t overcharge clients and offer flexible payment plans.
- Free case review – No cost for me to examine your arrest record and let you know your options.
Feel free to hit me up if you have any other questions about getting charges sealed in Florida. I know it’s confusing stuff. But the good news is if your case ended without conviction, there’s a good chance we can get it sealed for you. Then it will be like your arrest never happened.