Sealing & Expungement Lawyer In Gainesville, FL
Mistakes happen, and having a criminal record can have long-lasting consequences that negatively impact your ability to qualify for a job, further your education, and even obtain housing. Thankfully, if you have a criminal record, you may be eligible to have your record sealed or expunged. Not having to disclose your history or be judged by it can give you the clean slate needed to put your best foot forward.
At Stout Defense, P.A., we believe in second chances and will work diligently on your case to help guide you through the strict and sometimes complicated process of Florida expungement. When seeking legal counsel, you can depend on our Gainesville attorney to do everything to achieve the best possible outcome.
Contact our office today to request a free consultation.
Sealed Vs. Expunged Criminal Records
The difference between sealed and expunged mostly comes down to what you qualify for. Depending on the type of charge and the length of time since, you can have your record either expunged or sealed. Sealing a record is similar to expungement in both process and end result, but it does not remove the charge from your record entirely. Instead, the record is essentially sealed away from public knowledge. This way, you don’t have to disclose to a potential employer or landlord that you have an arrest record or criminal charges. However, courts and the criminal justice system can still access the record, and it may be re-opened later by court order.
On the other hand, expunging a record means that virtually all your charge records are destroyed. However, the Florida Department of Law Enforcement (FDLE) will keep a confidential record of the charge with extremely limited use. Even those who would typically be able to see private records, such as a sealed record, will only be aware that the record was expunged and will not have access to more specific details. To qualify for expungement, the charges must have either been dropped, dismissed or not filed. In some cases, if ten years have passed since sealing a record without being convicted of a crime, you may qualify for expungement.
How To Expunge A Record
It’s important to understand Florida law pertaining to expunging or sealing a record to understand your eligibility and complete the process without any mistakes. In some jurisdictions, you may only be able to expunge misdemeanors and not felonies. Also, charges that resulted in a conviction are not usually eligible for either sealing or expunging.
Expunging a record is often an option for juvenile offenses. However, serious crimes may not be eligible for sealing or expungement unless they were dismissed or dropped. These may include but are not limited to:
- Arson
- Assault & Battery
- Burglary
- Prostitution (exceptions made for victims of sex trafficking)
If a person qualifies for expungement, they will need to complete the forms necessary to receive a certificate of eligibility from the Florida Department of Law Enforcement and provide a sworn statement attesting that:
- You have not been found guilty of additional crimes, offenses, or violations.
- You have not been adjudicated for any crimes similar to the one being expunged.
- You are fully eligible for the expungement and have not filed for any additional expungements.
Once a completed application packet is received, it typically takes 12 weeks for the FDLE to process due to the extensive research required. A person can only qualify for one sealing or expungement, so it’s important to understand the full process and the effects of expunging or sealing a record.
An Expungement Attorney Can Help
Seeking out the aid of a lawyer to expunge a record is often recommended. While every aspect can be handled by an individual, it can often be confusing and time-consuming to determine your eligibility, the best course of action, and filling and filing all necessary forms. An expungement lawyer will be well-versed in the laws surrounding your eligibility and will be able to handle all paperwork on your behalf. Don’t get lost in the procedure and make an avoidable mistake! Adam Stout is an expungement attorney with years of experience handling these types of cases. Let him help you get your life back on track.