In Florida, it is possible that you or a loved one can have his or hers criminal record expunged or sealed depending on certain circumstances and stipulations. This may be great news to anyone who has had difficulty obtaining a steady job due to their record and employer background checks. If you are interested in understanding how expungement or record sealing works, and whether you qualify, please read the below information, and contact Fort Lauderdale Record Seal and Expunge Lawyer Edward G. Salantrie for a more in depth consultation.
The Difference Between Expungement and Record Sealing
A criminal arrest record is closed to the public, and the information is only allowed to be divulged in limited circumstances with judicial permission. While your record is not completely erased, by sealing it you will be moving towards the process of expungement.
Expungement is the best option if it’s available. Unlike sealing, expungement completely erases your criminal record; it is erased from police computers, clerk court computers, the files are physically destroyed, etc. While some government agencies still have access to an expunged arrest (department of education, FBI, etc.) for the most part you will be completely free of your criminal record. Expungement is possibility for those whose records have been sealed for at least 10 years.
Why Should I Get My Record Expunged or Sealed?
There are many important reasons to get your record sealed or expunged. Employer run background checks is a large industry, and this only makes the process of looking for a job with a criminal record more difficult. Almost every corporation runs a criminal history check when hiring — while you may have been the more qualified candidate, it is likely that your record may disqualify you from the running. Even if the hiring manager has an open mind, it still may deter him or her from employing you.
Outside of the working world, your record may affect your personal life as well. If you have children, your record may stand in the way of attending school activities. People can be cruel, but that doesn’t mean that you should be repeatedly treated like a criminal for your past mistakes. Expunging or sealing your record may give you the opportunity to start fresh.
What Charges Do Not Qualify?
There are some hard rules to sealing or expunging your record. This list only applies to those who pled guilty or no contest to the offense. If you have been charged with any of the below charges, you may not qualify:
Offenses listed in S.907.041, F.S.
- Aggravated Battery
- Aggravated Assault
- Abuse of Child, Elderly, or Disabled person
- Burglary of a dwelling
- Stalking or Aggravated Stalking
- Sexual Battery
- Home-invasion Robbery
- Any lewd act, sex with a child, pretty much any sex case with children….
- Drug Trafficking
- Manufacturing any substances in violation of chapter 893 (i.e., drugs)
- Domestic Violence
- Illegal use of explosives
- Aircraft piracy
- Communications fraud & fraudulent sales over the phone
- Child pornography, luring children, traveling to meet minor
- Attempt or Conspiracy on any of these cases above….
Contact a Record Sealing and Expungement Lawyer in Fort Lauderdale
If you are interested in beginning the process of sealing or expunging your criminal record, contact Edward G. Salantrie, an experienced Record Sealing and Expungement Lawyer in Fort Lauderdale. He has effectively helped many of his clients through the process, and will do the same for you. Contact him now for a free consultation: (954) 771-7455 or (954) 523-2100