Sealing your criminal records in Florida is a critical step to safeguarding your future. This process can help you overcome the negative impact a criminal record might have on your personal and professional life. Although it is possible to pursue this on your own, hiring an attorney can significantly increase your chances of success. This article will provide an in-depth look into the relevant statutes, legal definitions, potential punishments, the criminal justice process, common defenses, and why legal representation is crucial for sealing your criminal records.
Understanding the legal framework for sealing criminal records in Florida is essential. Several statutes govern this process and outline the eligibility criteria and procedures.
Florida Statutes § 943.059
Florida Statutes § 943.059 governs the sealing of criminal records. According to this statute, individuals who meet certain eligibility criteria can petition the court to seal their criminal records. Sealing a record means that the public will not have access to it, and the individual can lawfully deny or fail to acknowledge the arrests covered by the sealed record.
Florida Statutes § 943.0585
Florida Statutes § 943.0585 deals with the expunction of criminal records, which is slightly different from sealing. Expunction involves the physical destruction of the criminal records, making it as though the arrest and charges never existed. This statute is relevant because the procedures and eligibility criteria are similar, and understanding both can help in determining the best course of action for clearing one's record.
Florida Statutes § 943.0582
Florida Statutes § 943.0582 provides for the expunction of juvenile records. This statute is particularly important for individuals who were charged with crimes as minors and wish to have their records expunged to avoid long-term repercussions.
Legal Definitions
Several key legal terms are crucial to understanding the process of sealing criminal records in Florida.
Sealing - Sealing a criminal record means that the record is made inaccessible to the public but is not destroyed. Certain government entities and law enforcement agencies may still access the sealed records under specific circumstances. For the individual, sealing a record allows them to deny the existence of the arrest or charges in most situations.
Expunction - Expunction goes a step further than sealing. When a record is expunged, it is physically destroyed, and only a copy is retained by the Florida Department of Law Enforcement (FDLE) under restricted access. Individuals with expunged records can deny the occurrence of the arrest and charges completely.
Eligibility - Eligibility refers to the criteria that an individual must meet to qualify for sealing or expunging their criminal records. These criteria include the nature of the charges, the outcome of the case, and the individual’s criminal history.
The Process for Sealing Records in Florida
Navigating the criminal justice process for sealing records in Florida involves several steps, each with specific procedures and requirements.
Eligibility Determination - The first step in the process is determining eligibility. Not all criminal records can be sealed. Eligibility depends on the nature of the charges, the outcome of the case, and the individual's criminal history. Consulting with an attorney can help clarify whether one qualifies for sealing or expunging their records.
Application to FDLE - Once eligibility is determined, the next step is to apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. This certificate is a prerequisite for petitioning the court to seal the record. The application process involves submitting fingerprints, personal information, and a fee.
Petition to the Court - After obtaining the Certificate of Eligibility, the individual must file a petition with the court. This petition includes the certificate, along with a detailed request to have the record sealed. The court will review the petition and schedule a hearing.
Court Hearing - During the court hearing, the judge will consider the petition and any objections from the prosecution or other relevant parties. The judge will then decide whether to grant the petition based on the merits of the case and the individual’s eligibility.
Order to Seal the Record - If the judge grants the petition, an order to seal the record will be issued. The court will then notify the FDLE and other relevant agencies to seal the record, making it inaccessible to the public.
Florida Sealing of Records and Expungement FAQs
What is the difference between sealing and expunging a criminal record?
Sealing a criminal record makes it inaccessible to the public but not destroyed. Certain government entities and law enforcement agencies can still access the sealed records under specific circumstances. Expunging a record involves the physical destruction of the criminal records, making it as though the arrest and charges never existed.
Am I eligible to seal or expunge my criminal record in Florida?
Eligibility depends on the nature of the charges, the outcome of the case, and the individual's criminal history. Generally, individuals with convictions are not eligible to seal or expunge their records, but those who had charges dismissed, were acquitted, or had adjudication withheld may qualify.
How long does the process of sealing or expunging a criminal record take?
The process can take several months, depending on the complexity of the case and the court's schedule. It involves multiple steps, including obtaining a Certificate of Eligibility from the FDLE, filing a petition with the court, and attending a court hearing.
Can I seal or expunge more than one criminal record?
In Florida, individuals are typically allowed to seal or expunge only one criminal record in their lifetime. However, certain exceptions may apply, and consulting with an attorney can provide clarity on your specific situation.
Will a sealed or expunged record appear on a background check?
A sealed or expunged record should not appear on most background checks conducted by private employers, landlords, or other non-governmental entities. However, certain government agencies and law enforcement entities may still have access to these records under specific circumstances.
Can I deny having a criminal record if it has been sealed or expunged?
Yes, once a criminal record is sealed or expunged, you can lawfully deny or fail to acknowledge the arrests covered by the sealed or expunged record in most situations. However, there are exceptions, such as when applying for certain government positions or professional licenses.
What happens if my petition to seal or expunge my record is denied?
If your petition is denied, you may have the option to appeal the decision or reapply after addressing the issues that led to the denial. An attorney can provide guidance on the best course of action if your petition is denied.
Why Choose Musca Law, P.A.
Facing the process of sealing or expunging criminal records can be daunting. Here are several reasons why individuals need an attorney and why Musca Law, P.A. is the right choice:
An experienced attorney understands the complexities of the legal system and the specific challenges associated with sealing or expunging criminal records. They can provide invaluable guidance, build a strong case, and advocate for the individual’s rights throughout the process.
The process of sealing or expunging criminal records involves several steps and requires compliance with specific legal procedures. An experienced attorney can help navigate these procedures efficiently and effectively.
An attorney ensures that the individual’s constitutional rights are protected throughout the legal process. This includes challenging unlawful stops, searches, and seizures, as well as ensuring due process is followed.
Musca Law, P.A. has a team of experienced criminal defense attorneys with a proven track record of success in handling cases involving the sealing and expunging of criminal records. Their extensive experience and dedication to their clients have resulted in favorable outcomes for many individuals facing similar challenges.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you are seeking to seal or expunge your criminal records in Florida, it is crucial to act quickly and seek the assistance of a skilled and experienced attorney. Musca Law, P.A. offers a team of experienced criminal defense attorneys with a proven track record of success in handling such cases. We provide free consultations 24/7/365 at 1-888-484-5057 and serve all 67 counties in Florida. Protect your rights and your future by contacting Musca Law, P.A. today for expert legal representation.