Articles Posted in Expunging and Sealing Criminal Records

Record-SealAs a Jacksonville Criminal Defense Lawyer I receive numerous calls regarding a person’s past Florida Criminal History and their desire to have it sealed or expunged. However, I am not always able to assist due to the statutory confines of the Florida Statutes. Therefore, in order to clarify some immediate questions, the offenses listed below cannot be Sealed or Expunged.

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

Jacksonville Beach Record Seal/Expunge AttorneyAre 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 Beach Record Seal/Expunge Attorney may be able to help! As a Jacksonville Beach Record Seal/Expunge 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;

Riverside Criminal Defense LawyerDo you have a Riverside Criminal History that is keeping you from getting that apartment you want, prevented from getting that ideal job, or refused a loan because of your past? If so, I can help. However, in most cases, you must act now and not wait until the case has been resolved.

As a Riverside Criminal Defense Lawyer, I am often confronted with the question, “Why should I hire a Riverside Criminal Defense Lawyer?” The answer is simple; to protect your rights and to protect your FUTURE. As a Riverside Attorney, I can work for you to get the best outcome possible given your current situation. Most importantly I can take three avenues to make assist you in having a better future.

First, I can work with the State Attorney or Prosecutor to attempt to influence their filing decision and get the charges dropped. Just because you have been arrested for a Riverside Criminal Offense, does not automatically mean there will be a conviction. However, the filing decision is made early in the legal process, so time is of the essence in this approach.

Atlantic Beach Record Seal AttorneyAs an Atlantic Beach Record Seal Attorney, I am confronted on a daily basis regarding potential clients wanting to have their record sealed. Unfortunately, I am not always able to assist them in ascertaining their objective. Therefore, in order to give my Clients more information up front regarding an Atlantic Beach Record Seal, I have provided the crimes that are not permitted under Florida Statutes.

However, I would like to note, that this list is not all-inclusive and if you have any questions please contact me directly and I will be able to assist you in your particular matter.

What crimes may not be sealed:

No-CrimeAs a Jacksonville Criminal Defense Lawyer I get numerous calls about Jacksonville, Florida Record Seal/Expunge. In most cases I can assist an individual in achieving this goal. However, Florida Statutes do define some offenses, regardless of adjudication that could potentially make a person ineligible for a Jacksonville Record Seal/Expunge.

Florida Statute § 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 § 907.041 and are as follows:

  1. Arson;

Eraser1Are 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 Criminal Defense Lawyer may be able to help! As a Jacksonville Criminal Defense Lawyer 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:

  1. Never been adjudicated guilty;

Record-Seal1As a Jacksonville Criminal Defense Lawyer I receive numerous calls about the desire to have one’s Criminal Record Sealed. Everyone has made mistakes in their past and those mistakes should not haunt a person for the rest of their lives. However, there are limitations as to who may receive a record seal, certain requirements must be met, and most importantly – have not been CONVICTED GUILTY for any criminal offense.

The procedure and requirements for having your Jacksonville Criminal Record Sealed are outlined in Florida Statute § 943.059. Under that Statute, the State requires the person wanting their record Sealed to provide a valid certificate of eligibility and a sworn statement attesting to the statutory requirements. Those requirements are:

  1. Never adjudicated guilty;

EraserSometimes children misbehave and act out, unfortunately, sometimes these actions lead to serious Jacksonville Criminal Offenses and Penalties. However, in some cases, in Jacksonville, you can expunge a Florida juvenile record. Pursuant to Florida Statute § 943.0582, 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.

SealedAre 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:

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.

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