With the state of the job market, many prospective clients are contacting me inquiring about sealing or expunging their criminal records . This is because there are presently more applicants than available jobs, and with employers being more selective than ever before, the presence of a criminal record, even if it is just anarrest record, is enough to automatically disqualify you from many jobs that you would otherwise be qualified for.
Are You Eligible To Have Your Criminal Record Sealed or Expunged?
Posted By Eric Matheny
I handle the expungement and the sealing of arrest and criminal records for primarily Miami-Dade and Broward County. However, I have also handled such matters in other Florida counties. Regardless of the county of your arrest, I can be your expungement attorney.
It is important to determine whether you are eligible, however. Here are some factors you should consider in determining whether you are eligible to have your record sealed or expunged.
1.You have never been adjudicated guilty of a felony, misdemeanor, criminal ordinance, or other criminal offense;
2.You have never obtained a previous sealing or expungment of a criminal record;
3.The criminal record you are trying to seal or expunge does not include a crime that falls under the "disqualifying offenses" unless that crime was dismissed.
4.You have completed all the requirements of probation and probation was terminated. In other words, the court supervision is done.
5.For sealing your record, your case was either dismissed, you were found not guilty at trial, or you were given a withhold of adjudication prior to trial or after being found guilty at trial.
6.For expunging your record, your charges were dismissed prior to trial and you have no other cases.
If you can answer "yes" to all 6 of those questions, you are eligible to have yourrecord sealed or expunged.
You can only get one criminal case expunged or sealed but all charges under that case are eligible provided you were not sentenced for a disqualifying crime.
For disqualifying crimes it's important to understand that if they were dismissed (nolle prosse or no action) you can still get your record expunged or sealed if you meet the other requirements listed above.
The key is whether you were sentenced for a disqualifying crime. If you were, you can't get a seal or expungement. If you were not, then you are eligible if you meet the other requirements listed above.
If you have a withhold of adjudication then you are eligible to have your record sealed only and not expunged.
The following offenses are "disqualifying offenses." This means, if you were sentenced on any of the following charges, you are not eligible to clean your record. By "sentenced" I mean that you were found guilty of, or pleaded guilty to the following charges:
2. Aggravated assault;
3. Aggravated battery;
4. Illegal use of explosives;
5. Child abuse or aggravated child abuse;
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
7. Aircraft piracy;
11. Sexual battery;
14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
16. Burglary of a dwelling;
17. Stalking and aggravated stalking;
18. Act of domestic violence as defined in s. 741.28;
19. Home invasion robbery;
20. Act of terrorism as defined in s. 775.30;
21. Manufacturing any substances in violation of chapter 893; and
22. Attempting or conspiring to commit any such crime.
If you have any questions, please contact me. I am both a Miami expungement attorney and a Broward expungement attorney, however I can handle the cleaning of your record in any Florida county.
For more information, please visit the Florida Department of Law Enforcement at http://www.fdle.state.fl.us/Content/getdoc/7c627128-eab9-4815-bc11-4f93273f016d/Frequently-Asked-Questions.aspx