Many people have arrest records from their past. In today’s age of employment and other background checks, it is very possible that an arrest of conviction from years prior can prevent you from getting the job you want. Florida’s criminal justice system allows some to expunge their criminal history through a court process, or seal other records if necessary.
Scott F. Kotler, P.A. provides criminal legal services to Miami-Dade, Broward and the surrounding counties. I help clients move forward with their lives after a criminal charge. If you wish to know more about expunging part of your criminal history, speak with me about your case.
What are the procedures for expunging or sealing a criminal charge?
A court expunges or seals a criminal conviction upon request of the person who was convicted. Sealing a record prevents the public from having access to it. although authorities remain able to view it. Expunging a record prevents both authorities and the public from viewing it without a court order, except for the Federal Bureau of Investigation (FBI) and other federal law enforcement agencies.
Certain procedures must be followed first. As a criminal defense lawyer, I work with my clients to ensure those procedures are met.
Florida requires that:
- A valid certificate is issued by the department that arrested the petitioner
- The petitioner signs a sworn statement regarding the nature of the charge and their criminal history
- The petitioner has never sealed records before or had an expunction in Florida or any other state
- The petitioner has not been found guilty of delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which it pertains.
- All requirements are met to the best of the petitioner’s knowledge and that the person does not have any other proceedings for expunction or having records before another court in Florida
Expunction is useful for charges that were dismissed or treated through a diversion program. It is important to note that when applying for jobs with a law enforcement agency or other sensitive positions, someone with a record that was expunged still has to admit they were arrested.
What charges or arrests cannot be expunged?
By law, certain criminal records cannot be expunged. Typically, those charges are ones that relate to sex offenses.
- Prohibited sexual misconduct
- Lewd conduct
- Indecent exposure
- Violating of Florida’s Communications
- Fraud Act, such as computer fraud
- Disseminating illegal computer pornography
- Drug trafficking
- Luring or enticing a child
- Procuring a prostitute under the age of 18
- Abuse or neglect of an elderly or disabled person
- Exposing a minor to obscene material
- Selling or illegally transferring custody of a minor
Generally, someone who was accuse of an offense that requires registration as a sex offender in Florida cannot have a record expunged. Those seeking more information on what information can be sealed or subject to expunction should contact my law firm in Coral Gables.
Call me today for a free initial consultation on sealing or expunging your criminal history
Do not let youthful offenses and arrests without conviction ruin your job prospects. Scott F. Kotler, P.A. assists clients in Miami, Fort Lauderdale and other communities with sealing or expunging embarrassing prior arrests. Contact my office today at 305-804-2436 or online for a free initial consultation about the process.
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