Jacksonville Criminal Defense Lawyer Blog
Are you a Duval resident and have had trouble securing a job because of your not so clean Jacksonville Criminal History? Well, if so you might have an avenue to rectify the situation and gain that valuable employment to succeed in life. The avenue is having your Jacksonville Criminal History either sealed or expunged. However, petitioning the court for this is not definite and therefore, within the court’s discretion whether or not to seal or expunge your Jacksonville Criminal History. With that being said, in order to deny your petition the State Attorney must show good cause as to their objection.
The Procedure for petitioning the court to either expunge or seal your Jacksonville Criminal History is detailed in Florida Statutes § 943.0585 and § 943.059.
In order to potentially have your record expunged, you must not have been convicted guilty of any criminal offense, had charges dropped, or have had your record sealed for 10 years. Florida Statute § 943.0585 states in order to petition the court, the petitioner must provide the court with:
- A valid certificate of eligibility for expunction;
- The petitioner’s sworn statement attesting to the following:
- Has never been adjudicated guilty of a criminal offense;
- Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;
- Has never secured a prior sealing or expunction of a criminal history record, unless the record has been sealed for 10 years; AND
- Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.
On the other hand, if you are seeking a record seal you must not have been convicted of any criminal offense or adjudication has been withheld. Florida Statute § 943.059 outlines the procedure in sealing ones Jacksonville Criminal History. The Statue requires the petitioner to provide the following:
- A valid certificate of eligibility for expunction;
- The petitioner’s sworn statement attesting to the following:
- Has never been adjudicated guilty of a criminal offense;
- Has not been adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;
- Has never secured a prior sealing or expunction of a criminal history record; AND
- Eligible for such and expunction to the best of his/her knowledge or belief and does not have any other petitions before the court.
These are just the required statutory requirements needed in order to petition the court for a Jacksonville Criminal History record seal or expungement. As a Jacksonville Criminal Defense Lawyer I can evaluate your Criminal History and make an initial determination if a record seal or expungement is available to you. So, if your Criminal History is not prefect and you would like it be, contact a Jacksonville Criminal Defense Lawyer today!