How Fort Myers Criminal Defense Lawyers Seal and Expunge Records
Getting arrested or convicted of a crime can have long-lasting consequences that make it harder to get a job, rent an apartment, or apply for loans. Fortunately, Florida law allows some individuals to have their criminal records sealed or expunged under certain conditions. This article explains how the record sealing and expungement process works in Fort Myers and surrounding areas of Southwest Florida.
What is Record Sealing and Expungement?
Sealing and expungement are legal processes that limit public access to someone’s criminal record.
Record sealing means the criminal history is removed from public view but remains accessible to law enforcement and court officials. Sealed records won’t show up on most background checks conducted by employers, landlords, or lenders.
Expungement goes a step further – the arrest record is physically destroyed so there’s no trace it ever existed. Expunged records can’t be accessed even by law enforcement except under very limited circumstances.
Both sealing and expungement offer a chance at a fresh start by giving individuals an opportunity to put past mistakes behind them. But the processes are different and have distinct eligibility requirements.
When Can Criminal Records Be Sealed in Florida?
Florida law allows record sealing for misdemeanors and certain third-degree felonies. To be eligible, the charges must have been:
- Dismissed prior to trial
- Dismissed after completion of a pretrial intervention or diversion program
- Dropped or abandoned by the state attorney
- Resulted in a not guilty verdict at trial
There are also waiting periods that must be met. For misdemeanor charges, you must wait 6 months after the disposition of the case. For third-degree felonies, there is a 10 year waiting period.
The clock starts ticking when the case concludes – for example, when charges are dropped, probation ends, or time served in jail is completed.
Importantly, only one case can be sealed at a time. So if you have multiple arrests, you’ll need to go through the sealing process separately for each one.
What Criminal Charges Can Be Expunged in Florida?
Florida’s expungement laws are more limited than sealing. To qualify for expungement, the charges must have been:
- Dismissed prior to trial
- Dismissed after successful pretrial intervention or diversion program
- Dropped or abandoned by the prosecutor
- Resulted in an acquittal at trial
In addition, there are strict eligibility requirements regarding the type and severity of the offense. Some charges that can be expunged include:
- Misdemeanors
- Most third-degree felonies
- Some second and first-degree misdemeanors, with exceptions
Charges related to murder, manslaughter, sexual offenses, lewd acts, and firearm offenses generally cannot be expunged.
There are also waiting period requirements – at least 5 years for misdemeanors and 10 years for felonies after completion of sentencing terms.
Step 1: Petition to Seal or Expunge Records
The process of sealing or expunging a criminal record starts by filing a petition in court.
For sealing, you’ll file in the county court where you were arrested if it was a misdemeanor. Felony sealing petitions go to circuit court.
Expungement petitions are submitted in the circuit court of the county where you were arrested.
The petition provides details about your criminal record and requests that the charges be sealed or expunged. It must include specific information like arrest dates, case numbers, charges filed, and dispositions.
Submitting a complete, accurate petition is critical – any errors could result in denial. An experienced criminal defense lawyer can properly prepare and file the petition on your behalf.
Step 2: Fingerprints and Background Check
After receiving the petition, the court will order a background check by the Florida Department of Law Enforcement (FDLE) and require you submit a complete set of fingerprints.
This allows the court to verify your criminal history matches what’s in the petition. It also ensures you meet the eligibility criteria for sealing or expungement.
If there are discrepancies or disqualifying factors, the court may deny the petition without a hearing. Having an attorney review your history in advance prevents unexpected issues.
Step 3: The Court Hearing
If the petition and background check check out, the court will schedule a hearing. This gives the judge an opportunity to ask questions and hear arguments for or against sealing or expungement.
You’ll need to attend the hearing, and it’s highly recommended to have your defense lawyer present as well. They can address any concerns raised by the judge and prosecutor.
Factors the court considers include the seriousness of the charges, your history of compliance with the law, and whether you’ve previously had records sealed or expunged.
Step 4: The Court’s Decision
After the hearing, the judge will decide whether to grant or deny the petition for sealing or expungement.
If approved, the court will issue an order directing relevant agencies to seal or expunge records related to your arrest. This includes police departments, the court clerk’s office, jails, and state attorney’s office.
For an expungement order, FDLE is also notified to physically destroy your criminal history record.
Step 5: Confirm Records Are Sealed or Expunged
The final step is to confirm your record has been properly sealed or expunged. This involves getting an updated background check after sufficient time for all agencies to process the court order.
If any entity fails to seal or expunge the record as directed, your defense lawyer can file motions to enforce the court’s order. This ensures the process is completed correctly.
Finding the Right Lawyer for Sealing and Expungement
Navigating the complexities of record sealing and expungement is difficult without an experienced attorney on your side. Key things to look for include:
- Deep knowledge of Florida law – the eligibility rules and process requirements can be nuanced and tricky to interpret. It’s essential to have a lawyer well-versed in the latest statutes and court procedures.
- Attention to detail – given the stringent petition requirements and background checks, any small errors could tank your chances. Thorough, meticulous attorneys are needed.
- Courtroom experience – your lawyer may need to argue for sealing or expungement at the hearing if the judge or prosecutor objects. Look for trial experience and negotiation skills.
- Responsiveness – the process involves many waiting periods. Your lawyer should follow up in a timely manner as the case proceeds through various stages.
- Affordable fees – some defense firms charge thousands in upfront retainers. Seek out lawyers who offer flat rates or payment plans.
Fort Myers has many criminal defense attorneys experienced in record sealing and expungement. The key is doing your research to find the right fit.
The Bottom Line on Sealing and Expungement
Having a criminal record sealed or expunged can open up significant opportunities that otherwise may not be available with a conviction on your record. The stigma of a criminal past essentially disappears.
However, not everyone qualifies, and the process has strict requirements. Attempting it without an attorney can be difficult and frustrating.
Partnering with a knowledgeable lawyer maximizes your chances of successfully sealing or expunging eligible charges. It also minimizes stress and simplifies the process
.If you have a criminal record that’s holding you back, contact a qualified Fort Myers defense attorney today to explore your options. With dedication and hard work, you may be able to put the mistakes of the past behind you for good.