How Can Orlando Residents Expunge Criminal Records?

Can Expungement of My Criminal Record in Orlando Help Me Get a “Fresh Start?”

In Orlando, if you have a past criminal record and have paid your debt to society, you may be able to obtain several types of expungements.

The most sought-after type is court-ordered expungement under Florida Statutes section 943.0585. When this lengthy and complex legal process is complete, and you obtain your expungement, your criminal record is usually destroyed, and the Florida Department of Law Enforcement (FDLE) will hold a confidential copy of it.

After the process, your record should not appear on employer background checks or housing applications. In most situations, you don’t have to acknowledge your past criminal record.

Court-ordered expungement will relieve you significantly from your past discretions, but your crime must meet strict eligibility criteria. Therefore, the first and most crucial step is to apply to the Florida Department of Law Enforcement (or FDLE) to receive your certificate of eligibility for expungement.

If you and the crime you committed satisfy the eligibility criteria, the FDLE will issue you a certificate of eligibility.

Once you satisfy the eligibility criteria, the prosecutor or state attorney will confirm that your criminal record complies with the needed criteria and that you submitted a certified copy of the disposition of the charge to which the petition to expunge pertains.

Expungement of your criminal record can have a profoundly positive impact on your life and your rights; however, it is a daunting and challenging legal process. That said, if you want to be successful, the expert knowledge, competence, and professional help of a skilled Orlando expungement lawyer are mandatory.

Are There Criminal Records That Are Ineligible for Expungement in Orlando?

The simple answer is yes; not all crimes or criminal records can be expunged in Florida.

Under current Florida law, some examples of records that cannot be expunged are convictions involving the use of explosives, sexual misconduct, terrorism, murder, specific types of battery, luring or the enticing of a child, kidnapping, false imprisonment, human trafficking, and many more.

However, you must also note that you must be convicted of the non-expungeable crime. Your determination of guilt must be the verdict at trial or a result of a plea of nolo contendere or guilty, whether adjudication is withheld or not. Additionally, if you were a minor when charged, slightly different rules and laws may apply when your expungement is considered.

Expungement can genuinely enhance your life, but it’s an arduous legal process, and some of the regulations and laws involved can be legally vague. So, although this process is worth it in the end, if you genuinely want to be successful, you must obtain the professional expertise and competence that a winning Orlando expungement lawyer brings to the table.

Is There a Difference Between Expunging and Sealing My Criminal Record?

Although expungement and sealing are often used interchangeably, they are different. When your record is sealed, most employers, rental agents, etc., cannot access the records using most government databases. This effectively means most employers cannot access the information.

However, even if your records are sealed, they may be accessed by city, county, state, and other federal governmental agencies. If the agency has access to your sealed record, it can usually see that your criminal information has been expunged; however, this will require a court order.

Some criminal history can be expunged if the charges were dropped or dismissed before your trial; if they were not, they may not qualify to be expunged but still may be able to be sealed.

This may sound confusing, and it is. To determine the proper legal path, seek the professional and expert advice you need. Only then will you be able to take full advantage of this process.

What Are Some Of the Benefits Of Getting My Criminal History Expunged?

In today’s information society, having your criminal record expunged has many sound benefits. However, under Florida law, one of the most significant benefits is that you can legally deny any arrest or conviction that has been sealed or expunged.

A few examples of additional benefits of expungement include:

• If you require a professional certificate or license for your career, your expungement allows you to retain these valuable necessities to continue to work.
• An expungement always has a positive effect on your credit rating.
• Expungement allows you to legally state on an employment application that you never were convicted of a crime.

It also should be made clear that there are specific instances in which, even with an expungement, you cannot deny or fail to acknowledge your criminal past, such as:

• If you apply for work in the criminal justice system, you must acknowledge your past criminal history.
• When applying for a job with the Department of Children and Family Services, the Department of Education, the Department of Juvenile Justice, a charter school, a private school, a university, etc., you cannot deny your prior criminal history, even with an expungement.
• If your employment puts you in direct contact with children, the elderly, or the developmentally disabled, you cannot deny your prior arrest, even with an expungement.

Once again, each expungement case differs in its details and specifics, and only with the advice of experienced legal counsel can you truly know the correct legal path to follow.

I Want To Expunge My Criminal Record In Orlando; How Do I Proceed?

Expungement of your past criminal history can give you and your family significant peace of mind. Your past, which will often stand in your way, will no longer hinder your future goals and career success.

That said, this is an arduous and challenging legal process that could take up to eight months to complete.

Once done, additional time may be needed to remove all information about your criminal record from social media and websites unaffected by a legal expungement.

However, in the end, the effort is well worth it.

The highly trained expungement lawyers at The Panella Law Firm are highly competent and experienced at expunging clients’ past infractions and helping them move on to a bright future.

Call them today at 407-602-6559 for a free consultation, and they will tirelessly work to give you and your family the fresh start you’ve been looking for.