How Fort Myers Criminal Defense Law Firms Can Help Clients Seal Their Criminal Record
Having a criminal record can make life really difficult. It can prevent you from getting a job, renting an apartment, or even getting approved for loans. That’s why many people with criminal records in Fort Myers want to get their records sealed or expunged.
Sealing or expunging a criminal record basically means having the record hidden from public view. An expunged record is destroyed completely. A sealed record still exists, but it can’t be seen without a court order. Getting a record sealed or expunged gives a person a clean slate and a fresh start.
Fort Myers has some great criminal defense law firms that can help clients go through the record sealing process. The attorneys at these firms know all the ins and outs of Florida record sealing laws. They can determine if a client is eligible to seal their criminal record, and then guide them through every step of the process.
Determining Eligibility for Sealing Criminal Records in Florida
The first thing a Fort Myers criminal defense attorney will do is review a client’s criminal history to see if they are eligible for record sealing in Florida. There are certain requirements that must be met.
For one, only certain types of crimes can be sealed in Florida. Most misdemeanors and some third degree felonies are eligible. But more serious felonies like murder, manslaughter, sexual assault, and lewd acts with minors cannot be sealed.
Additionally, there is a waiting period after completing all terms of a sentence before sealing is allowed. For misdemeanors, it’s 3 years after probation ends. For third degree felonies, it’s 7 years after probation ends.
The number of crimes on someone’s record also comes into play. If a person has three or more felony convictions, they cannot get any of their records sealed. But if they have fewer than three felonies, they may still be able to seal other eligible misdemeanors.
Fort Myers defense attorneys analyze all these factors to advise clients on whether their specific criminal history meets the requirements for sealing in Florida law.
Preparing the Petition and Required Documents
For clients who do qualify for record sealing, the criminal defense law firm will then prepare all the required documents to submit to the court. This includes the official petition for sealing as well as the supporting documentation.
The petition itself follows a format outlined in Florida statutes. It provides details on the crimes to be sealed, confirms eligibility, and requests that the court order the record sealed.
The attorney will also gather documentation like proof of completion of probation and payment of fines, certified copies of charges, and letters of reference. This supplementary paperwork helps demonstrate that the client deserves to have their record sealed.
Preparing these materials can be complex, but Fort Myers defense law firms have experience putting together professional sealing petitions and documents. Their expertise ensures everything gets submitted properly the first time.
Representing the Client at the Sealing Hearing
After submitting the petition and documents, the court will schedule a hearing to consider the request to seal the criminal record. Fort Myers defense attorneys represent their clients at these hearings.
At the hearing, the lawyer will present arguments to the judge on why sealing is appropriate. This may include emphasizing completion of all sentence requirements, discussing the need for a clean slate, and showing how the client has changed their life around.
The attorney can also answer any questions the judge may have and address any concerns about sealing raised by the prosecution. The lawyer’s role is to zealously advocate for sealing on behalf of their client.
Having an experienced Fort Myers criminal defense lawyer handle the hearing is invaluable. Their skills can convince the judge to approve sealing when they might deny a petition from an unrepresented defendant.
Sealing Juvenile Records
Sealing procedures are a bit different for juvenile records in Florida. But Fort Myers defense firms are also well-versed in getting juvenile arrests and adjudications sealed.
For starters, fewer juvenile crimes can be sealed compared to adult records. Only first-time misdemeanor offenses are eligible, with the exception of firearm violations. Felonies generally cannot be sealed from a juvenile record when the offender was 14 or older.
The waiting period is also shorter for juveniles. Sealing can typically be requested just 6 months after completion of sentence requirements. Certain serious felonies may require waiting 1 or 3 years.
Fort Myers criminal lawyers guide juvenile clients through the same overall process, including petition preparation and court hearings. Their expertise is key for overcoming the unique challenges of sealing juvenile records.
Expungement Differs from Sealing
Another way to clear a criminal record in Florida is through expungement. This is different from sealing in several ways.
With expungement, the criminal record is destroyed rather than just hidden from view. Law enforcement agencies must literally erase expunged records from their books.
The requirements for expungement are also more strict than sealing. Only first-time misdemeanor offenses are eligible for expungement in Florida. Felonies cannot be expunged.
The process for expungement is essentially the same as sealing. Defense attorneys still prepare the petition and represent clients at hearings. It’s just that the outcome is permanent destruction rather than concealment of the record.
Fort Myers defense law firms advise clients on whether trying for expungement is better than sealing in their specific case. There are pros and cons to each method. The key is choosing the right approach based on the client’s criminal history and goals.
Costs of Record Sealing
Hiring a law firm to handle sealing of a criminal record does come with costs. But Fort Myers defense attorneys try to keep fees as affordable as possible.
Exact prices vary between law firms, but fees are typically in the $2,000 to $3,500 range. This covers the lawyer’s time for eligibility review, document preparation, court hearings, and the entire sealing process.
Some firms offer flat-rate packages that cover all sealing services for one set price. Others bill hourly for time spent on the case. It helps to discuss costs upfront and get fee agreements in writing.
The attorney fees may seem high. But having an experienced lawyer handle the sealing process often leads to better outcomes that make the investment worthwhile. Their expertise significantly improves the chances of getting a record sealed.
Some firms may also offer payment plans or options to spread costs over time. Don’t hesitate to ask about flexible payment arrangements.
Other Benefits of Hiring a Law Firm
Beyond just their sealing and expungement services, hiring a Fort Myers criminal defense law firm offers many other benefits.
The lawyers at these firms have deep knowledge of Florida criminal statutes, case law, and court procedures. This allows them to identify any improper or illegal actions that may have occurred in a case.
If any laws or rights were violated during an arrest or conviction process, the attorney can file motions to potentially have charges dismissed or sentences reduced. This can negate the need for sealing altogether.
Fort Myers defense law firms also have good relationships with local prosecutors and judges. In some cases they may be able to negotiate plea deals or pretrial diversion programs that could lead to avoiding a criminal record.
Their experience and legal skills make criminal defense attorneys adept at developing strategies to put clients in the best position. Sealing and expungement are just some of the ways they can help clients move forward with a clean slate.
Don’t Delay in Consulting a Law Firm
If you have a criminal record in Fort Myers that is making your life difficult, don’t delay in consulting a criminal defense law firm about record sealing or expungement. The sooner you start the process, the sooner you can potentially put your past behind you.
An experienced attorney can review your record and advise if and how sealing or expungement may be possible. They can also start preparing your petition right away so there are no delays in getting your record sealed once eligible.
The lawyers at top Fort Myers criminal defense firms are compassionate professionals dedicated to helping clients overcome the burden of a criminal record. Their expertise provides the best chance at sealing or expunging charges and making a fresh start.
With an attorney guiding you through every step, the record sealing process is much less stressful. Let a skilled Fort Myers defense law firm handle the sealing process so you can focus on moving your life in a positive direction. Don’t let a criminal record hold you back any longer.