Articles Posted in Expunging and Sealing Criminal Records

What would I have to do to get my Criminal Record Expunged in Florida? This question is presented to my numerous times a week and unfortunately, there is not a simply, straightforward answer. So as the cliché attorney answer, “it depends.”

As a Jacksonville Criminal Attorney who handles Florida Record Seals and Record Expunges, the first step is determining if an individual is eligible. This eligibility balances on the adjudication of the offense in question. If you were convicted, you are NOT eligible for a Record Seal or Record Expunge. If your charges were dropped, you would potentially be eligible for a Record Expunge. If your case ended with Adjudication being Withheld, then you would potentially be eligible for a Record Seal.

After determining the Adjudication of your offence, the next step, in my opinion, would be to contact a Jacksonville Criminal Attorney to discuss the process in moving forward. Until then, I will briefly explain the process. First you must get the criminal record from the Clerk of Court in the County in which the offense occurred. Then you must submit the required paperwork to the FDLE who will evaluate your case and make a determination as to your eligibility. If approved, you will be sent a letter of eligibility. At this point, you will have to petition the Court to have your Record sealed or expunged. In my personal experience in dealing with these matters, the process takes between 4 to 6 months.

As a Jacksonville Criminal Attorney, I receive numerous calls from potential clients wanting to get their Criminal records sealed or expunged. Potential clients want their records sealed or expunged for any number or reasons, however, the most common are: jobs, loans, education, and career advancement. Unfortunately, if you have a CONVICTION for any criminal offense you record cannot be sealed or expunged.

Another question or misunderstanding I hear all the time is regarding the extent of having one’s record sealed or expunged. Many clients have call and have the desire to get their entire criminal history expunged or sealed. However, that is not how it works. Florida only allows one arrest to be sealed or expunged. Meaning, you can have multiple offenses sealed or expunged if they all occur within the same incident. In contrast, if you have multiple arrests, you are potentially only eligible to have one arrest sealed or expunged.

I hope this blog will clear up any initial concerns or questions one my have regarding a

As a Jacksonville Criminal Attorney I get calls all the time regarding a desire to seal or expunge their criminal past. However, few really know or understand the process and limitations that are involved with getting your Florida Criminal Record Sealed or Expunged. Therefore, I have decided to create this brief Blog to help clear up some initial misunderstandings. However, for the most clarity and understanding scheduling a FREE consultation with a Jacksonville Criminal Attorney is advisable.

One questions I get all the time is clients was to seal their ENTIRE criminal history. Meaning expunge all their arrests and criminal violations. However, this is not permissible under Florida Statutes. In Florida, a person is potentially applicable to have sealed or expunged ONE criminal arrest. To clarify, a Florida record seal will only handle ONE case you had before a Florida Court. Now, with that being said, if you had multiple charges in that ONE case, you can have all those charged sealed. This is best explained by example. Lets say, John smith has been arrested twice in his life. He calls a Jacksonville Criminal Attorney for a Consult. He wants his ENTIRE record sealed or expunged. This cannot be done, he will have to choose which arrest to deal with. His next question is regarding his arrest, it was for multiple offense, but all related to the one arrest. This is OK, a Florida record seal or expunction allows for ONE arrest to be sealed even if the arrest has multiple offenses.

Another question I get all the time is am I applicable for a Florida Record Seal or Expunction. Well, that answer depends on multiple factors. First and foremost is what was the adjudication of the offense you want sealed or expunged. This is important because if you have been CONVICTED of any offense you are not eligible for a record seal or expunction. Furthermore, if the adjudication was WITHHELD you are only eligible for a record seal. In contrast, if the charges were dropped you could be eligible for an expunction. Many clients do not know or remember the adjudication of their offense, that is OK, give a Jacksonville Criminal Attorney a call and we can find our for you.

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Record Seal/Expunge Attorney may be able to help! As a Jacksonville Attorney I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

• Never been adjudicated guilty;
• Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;
• Never received a record expunction or seal before; AND
• To their best knowledge or belief does not have any other petitions before the court.

Is your past coming back to haunt you? Did you make some bad decisions years ago that are now affecting your future? Have you been denied a loan or apartment because of your past? Have you been passed over for job promotions or employment because of your criminal history? If you answered, “YES” to any of these questions you need to call me today. I am a Jacksonville Criminal Attorney that handles Florida Record Seals and Expunctions. Although not everyone and every offense is applicable for a Record Seal or Expunge, a FREE consultation with me will give you the guidance you need in proceeding forward with your life and career.

Florida Statutes § 943.0585 and § 943.059 list several criteria that must be satisfied before allowing a Florida Criminal record to be Sealed or Expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

1. Aggravated Assault 2. Aggravated Battery 3. Arson 4. Assault

Are you a Florida Resident located in St. Augustine, Duval, Orange Park, St. Johns county, Clay county, or the surrounding area? Have you applied for jobs or specialized licenses? Has your application been rejected because of a questionable criminal history? If so, a Jacksonville Record Seal/Expunge Attorney may be able to help! As a Jacksonville Attorney I can review your Florida Criminal History and make the initial determination as to whether or not you are eligible to have your record expunged.

In order to be eligible to have your Criminal Record Expunged, you must have not been convicted of any criminal offense, or had the charges brought against you dropped, or your current Criminal Record has been sealed for 10 years. These requirements and more are outlined in Florida Statute § 943.0585. Under this Statute, the person requesting a record expunction, must provide the court with a valid certificate of eligibility AND a sworn statement attesting to the following:

• Never been adjudicated guilty;
• Never been adjudicated guilty of any act stemming from the arrest pertaining to this request;
• Never received a record expunction or seal before; AND
• To their best knowledge or belief does not have any other petitions before the court.