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It was a mistake from your youth. A criminal conviction twenty years ago that haunts you to this day. Every time you apply for a new job, there it is hanging over your head. You know your’re sunk when the HR representative tells you that the job is yours, but they just have to do a background check first. He or she simply assures you that it is a formality, but you know that the minute the company and hiring manager discover that you have a criminal conviction in your past, they will start asking questions regarding what else there is in your background that you’re not telling them. However, there is an easy way to avoid being in this situation – having your criminal record sealed or expunged. Florida law provides certain rights for those who were accused or convicted of crimes to have records of those crimes either expunged or sealed so that they will not show up on a background check when, for instance, you were arrested for a crime and the prosecutor dropped the charges.
What is Sealing a Criminal Record vs. Expungement of a Criminal Record and How Are They Different?
Sealing records related to a criminal conviction prevents that information from being accessed by the majority of people, including the general public. However, sealing records related to a criminal case means that the records still exist at the clerk of court, but access to them is only limited to a very small subset of authorized persons, such as a judge or clerk of court office personnel. Meanwhile, expungement permits public records to be destroyed entirely. Therefore, expungement of a criminal record is preferable to the simple sealing of the court records of a criminal conviction because, with expungement, it’s as if the conviction, arrest, etc. never happened.
What Does Florida Law Permit Regarding Expungement and Sealing of Criminal Records?
Florida law permits both sealing and then expungement after a certain period of time for offenses for which adults were never convicted. Therefore, if you were accused of or arrested for a crime but not convicted, then pursuing the route of expungement is always the best option. However, under Florida law, records are sealed initially, but then can be expunged after 10 years have elapsed following the sealing of the file. If your case has been dismissed or dropped, then it is eligible to be expunged. If your case resulted in a withholding of adjudication, you also may be eligible to have it sealed. However, there is a giant asterisk to this ability to have records of a criminal conviction sealed, and then eventually expunged: it only applies to certain crimes.
Information and records for more serious offenses can never be expunged or sealed. This category of crimes for which sealing or expungement is not an option includes crimes like larson, homicide, terrorism, sexual crimes against minors, stalking, kidnapping, and sexual battery. Unfortunately, if you were arrested or charged for these crimes, then you are not eligible for either sealing or expungement of the records related to those criminal proceedings. The same is true if you were convicted by a judge or jury of a crime. (Your records can be sealed, but not expunged if you were found not guilty of an offense for which sealing/expungement are permitted).
Juvenile offenses are automatically expunged at age 23 or 25, depending upon the defendant’s criminal history and nature of the offenses the person committed. Juveniles also can petition a court for sealing if charges were dismissed or if the juvenile successfully completed a diversion program, such as a rehabilitation program.
Why Having Your Criminal Records Sealed or Expunged is Imperative
One reason it is important to have your Florida criminal record sealed or expunged if at all possible are the collateral consequences of a criminal record. Today most employers will not make a job offer to a candidate before having performed a background check. However, if you have ever received an offer letter, you most likely saw that the offer is (almost always) contingent upon completion of a successful background check. If the background check turns up a criminal conviction, then that job that you thought was yours may no longer be there.
In addition, many, if not most, prospective landlords (particularly large commercial real estate companies that operate many larger apartment and other rental communities) will also perform a criminal background check on potential tenants before agreeing to enter into a lease. Thus, being convicted (or even accused) of a crime can be devastating for a person’s whole life aside from the criminal penalties which the person will face, as it can result in lost job opportunities, and other collateral consequences.
Need Help Getting Your Criminal Records Sealed or Expunged in Florida? Contact Experienced West Palm Beach Attorney Bryan Raymond
Do you need the assistance of a seasoned criminal defense attorney to have your criminal record sealed or expunged in Palm Beach County or elsewhere in South Florida? West Palm Beach criminal defense attorney Bryan Raymond has represented dozens of clients in having their criminal records sealed or expunged. It is imperative for your ability to both secure future employment or successfully rent a home to ensure that, to the extent possible under Florida law, any criminal record you may have is expunged or sealed if possible. Therefore, if you are in need of an experienced criminal defense attorney to assist you in doing so, contact criminal defense attorney Bryan Raymond today at [email protected] or (561) 682-1115 .
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