How Can I Get My Criminal Record Expunged In Florida?
It is possible to have your criminal record expunged in Florida after you meet some conditions. After your record is sealed or expunged, it is not accessible to the public, including private employers. However, government agencies can still access it upon request, but they must do so through a court order.
After having your criminal record expunged, you are not required to disclose details of the arrest even to potential employers. However, the expungement process may vary depending on several factors. These include;
- Whether or not you have obtained a previous expungement or sealing
- Whether or not you were found guilty of the crime for which you faced arrest
- If you are under any form of house arrest, probation or pretrial release
- Whether or not the offense for which you faced arrest is eligible for an expungement.
Expungement if you were not found guilty of a crime
If you were arrested as a suspect of a crime but not convicted for it, you might be eligible for an expungement or sealing. To qualify for the expungement, you must not have another expunged record in Florida or any other state. Additionally, you must not have any other pending petition for expungement. You must also fill a list of requirements and exceptions, as directed by your Sarasota criminal defense lawyer.
Expungement if after conviction
If you pleaded guilty or you were found guilty of the crime for which you were arrested, you might need to consult your lawyer on whether or not you are eligible for expungement. This is because there is an extensive list of crimes that are not eligible for sealing in Florida. Driving under the influence is one of the most common legal offenses that are not eligible for expungement under Florida law.
The procedure
After determining that you are eligible for expungement, You must obtain a certificate of eligibility. It allows you to present your petition before the court so that they can change the status of your record. A section of the petition must be filled and signed a notary individual, after which an authorized entity such as a police station takes your fingerprints. You must submit a fingerprint card with the application.
You are also required to visit the court where the charges took place so that you can get a certified copy of the deposition of the case from the clerk. If you experienced probation because of the case, you need to present a certified copy of the termination of probation in your application as well.
In addition to the above requirements, you are required to include a cashier’s check or money order to cover the court fees.
Advantages of expunging your criminal record
Having a criminal record can make certain activities, such as finding a job or apartment difficult. Once your criminal record is expunged, it is no longer viable and cannot be brought up in such situations. Other advantages of criminal record expungement include;
- It has the potential to affect your credit rating positively
- Expungement allows you to state that you were never convicted of a crime on job and apartment applications
- It allows you to retain any licenses and certificates that you currently have.
Although it is not a requirement that you have an attorney so that your record is expunged, the expungement process in Florida n=can gets very complicated and lengthy. It is, therefore, essential that you contact a Sarasota criminal defense lawyer and explain the details of your criminal record to them so that they can guide you on the steps to take.