Jacksonville Criminal Defense Lawyer Blog

The recent case of Tiny Blessings, a local daycare, being forced to shut down has resulted in questions about employment screening for daycares.

Under Section 435.06, there are certain criminal offenses that will stop a person's ability to work in certain fields. The crimes that will exclude a person from employment are listed in Section 435.04. These crimes can range from misdemeanor to felony charges, so it is important to review the list prior to making a decision as to whether to enter a plea of guilty or no contest to a criminal charge. If a Defendant enters a plea of guilty or no contest to a crime listed in Section 435.04(2), he or she will not be eligible for employment. Even if a person has been arrested, but the case has not been disposed of yet, he or she will still be excluded from employment.

This law would not apply if the record has been sealed. However, there are certain crimes that cannot be sealed, so it is important to be fully advised by a lawyer before entering a plea of guilty or no contest to any crime. There are exemptions that would permit a person to continue his or her employment. This section applies to felony crimes and misdemeanor crimes.

If you meet the requirements listed in Florida Statute Section 943.0585 or 943.059, you can get your record expunged or sealed in Florida. While it is within the court's discretion whether or not to seal or expunge the Florida criminal record, the court can only deny the petition to seal or expunge the Florida criminal record if there is a good reason based on the facts and circumstances of each individual case. When the state attorney objects to a Florida criminal defendant's petition to seal or expunge a record, the state attorney must present evidence at the hearing to support the state's representations that the petition should be denied.

VDF v. State is a Jacksonville Florida case that addresses the issue of sealing versus expunging a Florida criminal record. In VDF v. State, the Florida First District Court of Appeals the trial court refused to expunge a Florida criminal defendant's record. The Florida criminal defendant fulfilled all the requirements for an expunction under Florida Statute Section 943.0585. The court sealed the record instead of expunging it, so police would have easier access to the record. This was an abuse of the court's discretion. The Florida criminal record should have been expunged instead, because VDF fulfilled all the Florida statutory requirements and the state did not present any evidence to support a denial of the Florida petition to expunge. Therefore, his record should have been expunged. VDF v. State, 19 So. 3d 1172 (Fla. 1st DCA 2009).

In most cases, you can prevent a perosn from seeing your Florida Criminal Record if you get your record sealed or expunged. In order to do this, you must meet certain criteria. Florida Statute Section 943.0585 lists the requirements for expunging a Florida Criminal Record. Florida Statute Section 943.059 sets forth the requirements for sealing a Florida Criminal Record. Read How to Seal a Criminal Record in Jacksonville, Florida to learn more about the requirements for a Florida Record Seal. Read Getting a Criminal Record Expunged in Jacksonville, Florida for more information on a Florida Record Expunction.

Sealing or Expunging your Florida Criminal Record will not stop every government agency from seeing your record, but it will work for most back ground checks. This is important to many people that are unemployed and looking for jobs. If you have your record sealed or expunged, you may legally deny the arrest.

Expunging a juvenile record may not prevent you from expunging or sealing an adult criminal record, in Jacksonville, Florida. Florida Statute Section 943.0582 permits a juvenile to expunge his or her record if he or she meets certain requirements (See Expunging a Florida Juvenile Record). If the Jacksonville Juvenile criminal record was expunged pursuant to Florida Statute Section 943.0582, the juvenile may still be eligible to have a future Jacksonville criminal arrest sealed under Section 943.059 or expunged under Section 943.0585, Florida Statutes. Section 943.0582(6) specifically states that:

"Expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections."

In Jacksonville, you can expunge a Florida juvenile record. Pursuant to Section 943.0582, Florida Statutes, a juvenile criminal defendant can apply to have his or her record sealed if he or she has successfully completed a prearrest or postarrest diversion program. In Jacksonville, this program is known as pretrial intervention or diversion. There are certain requirements that must be met, including the following:
1. The minor must submit an application signed by the minor's parent or legal guardian no later than six (6) months after completing the diversion program.
2. The minor must include an official written statement from the state attorney certifying that the minor successfully completed the Jacksonville juvenile diversion program and that participation in the program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation.
3. The prearrest or postarrest diversion program that the minor participated in expressly authorizes or permits such expunction to occur.
4. The minor was arrested for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28.
5. The minor has never, prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation.

It is important to note that a Florida Juvenile Criminal Record Expunction under Florida Statute Section 943.0582 is not the same as a Florida Criminal Record Expunction under Florida Statute Section 943.0585. Under Section 943.0582(2)(a)(2), Records maintained by local criminal justice agencies in the county in which the arrest occurred seal the file. This is not permitted under Florida Statute Section 943.0585(4), which requires "any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases."

Question: I have already had an arrest record expunged. I was arrested in Jacksonville, Florida, and I want to get that sealed or expunged. Is it possible to seal or expunge my new Florida arrest if I have already had my record expunged before?

Answer: Usually, not you cannot have your record sealed or expunged twice. Under Section 943.0585(2)(f) and 943.059(2)(e), a Florida criminal defendant cannot have his criminal record sealed if he has secured a record sealing or expunction under one of these sections or "former s. 893.14, former s. 901.33, or former s. 943.058, unless expunction is sought of a criminal history record previously sealed for 10 years pursuant to [943.0585(h)] and the record is otherwise eligible for expunction." Fla. Stat. § 943.0585(2)(f) (2011). Therefore, you cannot petition the court to seal or expunge your Florida criminal arrest record under Section 943.0585 or 943.059 and then seal or expunge another crime. However, if you sealed a record under Section 943.059, and it has been sealed for 10 years, you may be eligible to expunge that arrest in Florida.

There is also an exceptions for minors, Florida Juvenile Offenders, under Section 943.0582(6) of the Florida Statutes (See Can I Seal or Expunge My Florida Criminal Record if I had My Juvenile Recorded Expunged?).

How do I stop an employer from seeing my Florida felony charge? The answer depends on a number of variables. If a potential employer runs a background check on you, he or she will likely see all of your arrests. Even if the charges were dropped, the arrest will still appear. The good news is that you may be able to seal or expunge your Florida criminal record. In order to seal or expunge the record, you can not have a criminal conviction in any case. Additionally, you cannot have ever sealed or expunged any other record. There are certain crimes that cannot be sealed in Florida (See Florida Crimes that Cannot be Sealed). If the charges were dropped or your record has been sealed for 10 years, you may be able to expunge your record. If adjudication of guilt was withheld (you were not convicted), you may be able to seal your record. See What is the Difference Between Sealing and Expunging for more information.

If you seal or expunge your record, most people will not be able to view the Florida case that you have sealed or expunged, and you can legally deny or fail to acknowledge the arrests covered by the sealed or expunged record, unless it falls under one of the exceptions listed in Florida Statute Sections 943.0585 or 943.059. If you are interested in sealing or expunging your Florida criminal record, contact Cynthia Veintemillas, Jacksonville Record Seal Lawyer.

If you are caught shoplifting at a retail store in Jacksonville, Florida, you may be charged with theft in Duval County Court. If the retail store calls the police, you will either be arrested or issued a notice to appear in court for the charge of Jacksonville theft. The charge that you will be facing depends on the amount that you allegedly shoplifted. If the value of the property is $300.00 or more, it is a felony theft. (See Jacksonville Shoplifting Crimes Range From Misdemeanor to Felony Charges)

Jacksonville shoplifting and theft is not a crime that should be taken lightly. When job searching, employers often disapprove of this crime, and it could affect their hiring decisions. Therefore, it is important to attack this Jacksonville theft case early. You may be able to defend the case due to a lack of evidence or by proving that you were falsely accused. In some Jacksonville theft cases, the Duval County State Attorney Office may consider diverting the criminal case, causing the charges to later be dropped. The last thing that you want to do is be convicted of a Jacksonville theft crime, because this will affect your ability to seal or expunge your Jacksonville criminal record. Therefore, it is important to contact a Jacksonville Theft Attorney.

As a Jacksonville Criminal lawyer, I have sealed and expunged many Florida criminal records. Often, people ask me if they are eligible to have a felony drug charge sealed or expunged, in Jacksonville, Florida. The answer is "it depends." It depends on the charge and the disposition. If you have ever been convicted of any crime, you cannot have your recorded sealed or expunged.  Therefore, if you were convicted of the drug charge, you cannot get it expunged.  Even if you were convicted of an unrelated criminal offense, you cannot get the drug charge expunged.  

It also depends on the crime. If you have pled guilty or no contest to certain drug offenses, such as manufacturing any substances in violation of chapter 893, you cannot get your record sealed, even if the adjudication was withheld. Section 907.041(4)(a) of the Florida Statutes gives a list of all the crimes that cannot be sealed in Jacksonville, Florida (See Florida Crimes that Cannot be Sealed by Cynthia Veintemillas). However, if the charge was dropped, you may be able to get the Jacksonville arrest expunged, even if it is listed in Section 907.041(4)(a), because you did not plea guilty or no contest to the Jacksonville criminal charge.

If you are arrested for a crime in Jacksonville, Florida, you have a criminal record. Even if the charge was dropped, employers can still see your Florida criminal arrest. This charge will still come up on a Florida criminal background check. The Florida criminal background check will show that you have been arrested and that the charges were dropped. This arrest is public record, unless it was a juvenile arrest. However, you can petition to have your Florida criminal arrest expunged. If your record is expunged, you can legally deny the arrest and in most background checks (not all),and your arrest will be concealed. Under Florida Statute Section 943.0585(4)(a), there are certain entities from which you cannot conceal the arrest. They are listed in the Florida Expunction Law below:

(4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction pursuant to this section must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.
(a) The person who is the subject of a criminal history record that is expunged under this section or under other provisions of law, including former s. 893.14, former s. 901.33, and former s. 943.058, may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:
1. Is a candidate for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Concurrently or subsequently petitions for relief under this section or s. 943.059;
4. Is a candidate for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), chapter 916, s. 985.644, chapter 400, or chapter 429;
6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
7. Is seeking authorization from a seaport listed in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.

People often ask me if they can get a theft charge sealed or expunged from their criminal records. Yes, you can get a theft arrest sealed or expunged in Jacksonville, Florida, but you must meet certain criteria. In particular, you cannot have a criminal conviction. That is, you cannot have been adjudicated guilty of any crime (See Can I Get My Florida Criminal Record Sealed if I Pled Guilty to a Crime?). If the Jacksonville judge gave you a withhold of adjudication, you may still be eligible to have your record expunged or sealed. While Jacksonville petit (petty) theft and grand theft are crimes that are eligible to be sealed, some crimes that include theft (such as robbery or burglary of a dwelling) are not (See Florida Crimes that Cannot Be Sealed). However, you may be able to have any Jacksonville theft crime (including robbery and burglary to a dwelling) expunged if the charges were dropped and you meet the other criteria required to expunge a criminal record in Jacksonville, Florida.

If you have questions about getting your record sealed or expunged, contact Cynthia Veintemillas, Jacksonville Record Seal Attorney.

Florida law (FSS 943.059) allows for criminal defendants to get their records sealed as long as they meet certain requirements. In order to get your Florida criminal record sealed, you cannot have a criminal conviction. This means that the you cannot be adjudicated guilty of any crime. An adjudication of guilt or a conviction is much different than a guilty plea.

In a Florida Criminal Case, you have three plea options: (1) not guilty; (2) nolo contendere (no contest); and (3) guilty. In general, a plea of guilty or no contest will have the same legal effect. Therefore, when someone is reviewing your criminal background, the plea of guilty or no contest does not make much of a difference. When a Florida criminal defendant enters a plea of no contest or guilty, the judge sentences the defendant either immediately or sometime thereafter. As part of the sentence, the Florida judge will either adjudicate the Defendant guilty or withhold adjudication. If the Florida Criminal Defendant is adjudicated guilty, he or she cannot seal his Florida Criminal Record. If the judge withholds adjudication of guilt, he or she may still be eligible for a record seal. Therefore, even if you plead guilty to a crime, you may still be able to get your Florida Criminal Record sealed.

There are other factors involved, so it is important to discuss this will a Florida Lawyer that seals Florida Criminal Records. For example, you cannot get your record sealed if the crime that you pled guilty or no contest to is listed in Florida Statute Section 907.041. Also, you cannot get your record sealed if you have ever been convicted (adjudicate guilty) of any crime, even if it is not the Florida criminal offense that you are trying to seal. Therefore, it is important to talk to a Florida Criminal Record Sealing Lawyer that is familiar with the law.

Florida Statute Section 943.059 governs Florida Record Sealing. It permits a Criminal Defendant in Florida to seal his or her record under certain circumstances. In particular, in order to have your Florida Criminal Record sealed, you cannot have ever been convicted of a crime. In the majority of Florida Record Sealing Cases, the applicant has been given a withhold of adjudication. With many crimes, if you have been given a withhold, you can petition to have your record sealed in Florida. However, there are certain crimes that you cannot have sealed, even if the conviction was withheld. The crimes are listed in Florida Statute Section 907.041 and are as follows:

1. Arson;
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;
8. Kidnapping;
9. Homicide;
10. Manslaughter;
11. Sexual battery;
12. Robbery;
13. Carjacking;
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 would like to get your Florida Criminal Record Sealed, contact a Florida Record Sealing Attorney.

In Florida, you can seal or expunge your Florida Criminal Record if you meet certain statutory requirements. You may be able to seal your the record if you were not convicted or adjudicated guilty of the crime. Either the court withheld adjudication, or you were found not guilty after a trial. If the State Attorney dropped the charges or declined to prosecute your Florida Criminal case, you may be able to expunge your Florida criminal arrest record.

If the Florida criminal record is sealed, each State and government agency that has a copy must seal the record and can only open it under strict circumstances that are set forth in Florida Statute Section 943.059. If the Florida criminal record is expunged, the records must be shredded. However, the FDLE (Florida Department of Law Enforcement) will keep one copy on file pursuant to Florida Statute Section 943.0585.

Right now, you cannot turn on the television or open a newspaper without hearing about the declining economy and rising unemployment. In Florida, many people are losing their jobs and looking for new ones. This creates a surplus of potential employees and a shortage of jobs for Floridians to fill. More than ever, it is important that employees make themselves as marketable as possible. A criminal history can limit a person's chances to get a job. This is why it is important to seal or expunge your Florida criminal arrest record. You can get a Florida Criminal Background Check through the FDLE's website. While the FDLE charges a fee for the online service, you can request a personal records review for free. However, this will take much longer. If you have ever been arrested or issued a criminal citation (notice of appearance) in Florida, you should request a Florida Criminal Background Check.

Florida law (FSS 943.0585 and 943.059) permits a Florida criminal defendant to seal or expunge a Florida criminal record. If you would like to seal or expunge your Florida criminal arrest record, contact attorney, Cynthia Veintemillas. Florida law requires that you meet certain eligibility requirements to seal or expunge a criminal record in Florida.