A
criminal record is a history of all of your
arrests and court dispositions.
Why would you Want to Seal or Expunge
your Criminal Record?
Having
a criminal record impacts your ability to obtain
credit or to get the job you want. There are
other serious consequences of having a criminal
conviction. For example, in today's tight
economy employers are doing extensive background
checks before hiring new employees. Apartment
complexes often reject tenant applications based
on criminal convictions. Criminal records can
affect your ability to obtain a professional
license. A potential employer or landlord can
easily obtain your criminal record or history.
Law enforcement agencies, (Police and Sheriff's
departments), Court and County clerks' offices,
prosecutorial agencies (District Attorney, City
Attorney, U.S. Attorney), and the FBI maintain
criminal histories. Many of these records are
now available to the general public by way of
the Internet. If your criminal record is sealed
or expunged then you are legally allowed to say
that the conviction or arrest never occurred on
documents such as job applications, rental
applications, or for many other purposes. An
expungement gives someone a "clean slate", the
opportunity to start fresh.
What is
the Difference Between Sealing and Expunging my
case?
When
you SEAL a case, the case still exists but is
shielded from public record. Private entities do not
have access to your case, the charges, arrest dates
or the disposition of your case. When you EXPUNGE
your case, your case is erased from all records. An
expungement results in the deletion of your computer
based criminal record and physical destruction of
any records maintained by the Court, the prosecutor
and law enforcement agencies such as: •
The arresting agency •
The booking agency •
The Department of Corrections •
The Florida Department of
Law Enforcement
Depending on the charge and the disposition of your
case, you may qualify for sealing or expunging of
your case
Can All Convictions be Sealed or Expunged?
No,
not all criminal convictions can be sealed. Most
misdemeanors and some felonies can be expunged.
Contact the Law Offices of Jauregui & Jauregui, P.A.
for a free consultation as to whether your criminal
record can be sealed or expunged
How Does
the Expungement process Work ?
We
take care of everything – all you have to do is have
your fingerprints taken and sign the applications.
There are four steps to a Petition to Seal or
Expunge:
Obtain a certified disposition of your case
Obtain the certification for an expungement by the
State Attorney's Office.
Obtain the Certificate of Eligibility from the FDLE
in Tallahassee
Obtain and win a court hearing where the judge will
seal or expunge your case.
How Long will it Take to Get your Record
Sealed ?
The
process usually takes 2 to 4 months to complete
locally
DISCLAIMER
These materials have been prepared by the Law Offices of Jauregui &
Jauregui, P.A. for informational purposes only and are not legal advice.
This information is not intended to create, and receipt does not
constitute an attorney-client relationship. Internet subscribers and
online readers should not act upon this information without consulting one
of our attorneys. We welcome your questions. 305-558-5335.
