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Panella Law Firm accepts cases throughout Florida
Are you looking for a Florida expungement lawyer to have records of a case brought against you or a conviction sealed?
Our Florida expungement lawyers can help. In most cases, if your record is sealed or expunged, the public will not be able to see it.
In Florida, if you’ve been arrested, you have a criminal record. That record exists whether you’ve been convicted of a crime or not.
Many of us make mistakes, especially in our youth. If you’re now leading a law-abiding life, it is tough to have a criminal history that can stay with you.
That criminal record can show up on background checks by employers or landlords or even in searches by curious neighbors or romantic partners. Your criminal record can affect your ability to get a job, secure a loan, or rent an apartment if anyone chooses to run a background check on you.
If you’ve been convicted of a felony, that case is not eligible for criminal records expungement. Generally, the only records that can be expunged are those involving misdemeanors.
Additionally, however, it’s important to note that criminal traffic offenses, such as a guilty plea or a finding of driving under the influence, cannot be expunged. Nor can you have a conviction for driving with a suspended license expunged.
In some cases, however, if there is no actual conviction, the record could be expunged.
There are different guidelines to getting a record expunged, depending on whether you were arrested and not convicted or arrested and convicted.
If you were not convicted, you may be eligible to have the record expunged or sealed. To qualify in these cases, the following must be true:
A full list of the requirements related to sealing or expunging records in Florida is available from the state Department of Law Enforcement.
There is also a statute that covers those who were arrested “contrary to law or by mistake.” Applications for these so-called “administrative expungements” can be filed by law enforcement agencies if there was an error in law that led to an arrest by mistake. An experienced expungement lawyer can also file on behalf of a client.
There are many crimes that are ineligible for expungement or sealing if you pleaded guilty or nolo contendere or were found guilty. For example, if you are found guilty of driving under the influence or of any felony, you cannot have those records sealed or expunged.
To file for an expungement, the first step is to get a certificate of eligibility. You can download or be sent a copy of the application from the state Department of Law Enforcement.
The application asks for your:
If you were given a Notice to Appear, use that date instead of the date of arrest.
The application needs to be signed and dated in front of a notary public or deputy clerk of the court. The following requirements are also needed:
Getting a legal issue sealed or expunged requires careful planning and counsel from an experienced expungement lawyer in Orlando. Your probation must be completed, fines paid and community service completed.
The laws around sealing or expunging criminal cases are complex. Her are a few of the most common questions.
Sealing and expunging cases are similar but different processes. When your criminal record is sealed, any information held by a justice agency or the courts is no longer accessible to the public. The information can only be accessed if a judge orders the records unsealed, which is a rare occurrence.
Expungement is different. It means that the physical records related to your case are destroyed except for one copy each kept by the state Department of Law Enforcement and the clerk of the court. However, the public cannot view either copy.
You can have certain cases against you as a juvenile or an adult expunged.
No, you can only seal or expunge one criminal episode.
Unfortunately, felony convictions and some misdemeanors cannot be sealed or expunged. For a complete list of ineligible charges, see here.
Usually, a court appearance is not required, unless the sitting judge mandates it. However, if possible, it’s a good idea to make a court appearance, as it demonstrates your commitment to this matter and your desire to resolve it.
If you’ve had a criminal charge or conviction that you don’t want people to know about, call the legal team at Panella Law Firm for a free consultation. We can explain your rights and what steps you can take to seal or expunge that record, keeping it hidden from employers and others doing a background check.
Don’t risk a past mistake from causing you to lose a job, a loan or a relationship. Protect yourself by contacting Panella Law Firm at (407) 233-1822 today.
”Mr.Pamela is an amazing attorney at law. He was patient & understanding in the details of my case. He represented me to the fullest & defended my name & case. The best attorney by far & he’s affordable.” – Daniel Clifton (Google Review)