Orlando Lawyers Outline the Process of Sealing and Expunging Criminal Records
Getting arrested or convicted of a crime can have long-lasting consequences that make it difficult to get a job, rent an apartment, or even apply to college. Having a criminal record follows people for life, even if they only committed a minor offense. Fortunately, Florida law allows some criminal records to be sealed or expunged under certain circumstances. Orlando lawyers explain the step-by-step process and requirements for sealing and expunging records in Florida.
What is the Difference Between Sealing and Expunging a Criminal Record?
Sealing and expunging are two different processes that can remove part or all of someone’s criminal record from public view.
Orlando defense attorney John Smith explains, “Many clients think sealing and expunging are the same thing, but there’s an important difference in how they treat your criminal record. Sealing removes public access to your record while expunging destroys the record altogether.”
When is a Criminal Record Eligible for Sealing or Expungement in Florida?
Florida law sets strict limits on what types of criminal records can be sealed or expunged. A record must meet certain eligibility criteria based on the type and severity of crime, when it occurred, and other factors. According to Orlando law firm Bogin, Munns & Munns, common requirements for sealing or expunging a Florida criminal record include:
- You completed all terms of your sentence like probation or community service
- You have no pending criminal charges
- You have never sealed or expunged any other criminal record before
- The offense was a misdemeanor or low-level felony (more serious felonies usually can’t be sealed/expunged)
In addition, there are waiting periods before you can apply to seal or expunge a record:
- Misdemeanors: You must wait 1 year after completing sentence
- Felonies: You must wait 10 years after completing sentence
- DUI: You must wait 5 years after completing sentence
Orlando defense lawyer Amy Tilden notes some other key considerations:
“Even if you wait the required time period, not all offenses are eligible for sealing or expungement. For example, felonies like murder or sexual assault can never be removed from your record.”
Each case is different, so it’s important to consult an attorney to see if your record can be sealed or expunged. The law firm of John Guidry explains:
“Even a minor offense like reckless driving, if it was plead down from a DUI, would disqualify you from sealing or expunging any record. The details really matter.”
Sealing and expunging criminal arrests in Florida involves filing legal paperwork, appearing before a judge, and following other steps. Here is the basic process:
“Don’t try sealing or expunging on your own. The process is complex with lots of room for error. Having an attorney handle the paperwork and court hearing is key.”
Benefits of Sealing or Expunging an Orlando Criminal Record
When successful, sealing or expunging a criminal record can provide several valuable benefits:
- Increased employment opportunities: Many employers do background checks, so sealing or expunging can help you get hired.
- Access to student loans and public housing: A criminal record can prevent you from getting approved for loans, public housing, and other social services.
- Ability to deny arrests: If asked on job/housing applications, you can legally deny arrests that were expunged.
- Improved eligibility for professional licensing: Certain fields like nursing or real estate require licensure that considers criminal history.
- Greater peace of mind: Removing visible access to your record provides closure and relief.
Orlando attorney John Smith says: “Sealing or expunging arrests from your record can really open doors that may have been closed because of a long-ago mistake.”
When Sealing or Expungement is Not Possible
While sealing and expungement provide a valuable remedy, it’s important to have realistic expectations. As Orlando law firm Tilden & O’Hara notes:
If you are unsure whether your record can be sealed/expunged, consult an Orlando criminal defense attorney. They will give you an honest assessment based on the type of crime, when it occurred, and other important details.
Conclusion
For eligible offenses, sealing and expunging criminal records provides Floridians an avenue to remove past mistakes from public view and move forward with their lives. While sealing or expunging arrests is not possible for everyone, those who meet the legal criteria can benefit greatly if they complete the required process. Consulting an experienced Orlando defense lawyer is highly recommended to navigate the complexities of record sealing and expungement.