Do you have a past arrest that continues to haunt you? Does it come up every time you fill out a job application? Are you worried about who else will learn of your "checkered past"? Under Florida law, it may be possible to erase those records or seal them from public view. You will be able to legally respond to questions about your criminal history as though the incident and arrest never occurred.
Call The Law Office of Timothy Hessinger in St. Petersburg, Clearwater and Tampa for a free consultation at (888) 863-7415 .
Expungement (also called expunction) is the actual destruction of records. Once expunged your case will not come up on a public records check and you can lawfully deny the arrest ever occurred under most circumstances. Sealing of records means that the files are sealed out of public view and under most circumstances a court order is required for access. If your records are sealed you can lawfully deny the arrest ever occurred under most circumstances.
You may qualify for expungement or sealing if:
However, you cannot expunge or seal records if:
Many crimes such as shoplifting and theft, drug possession, assault, disorderly conduct, juvenile crimes and even some felony offenses can be cleared. Unfortunately, there is a long list of offenses that cannot be sealed or expunged, unless you were found not guilty, charges were dismissed, the State attorney filed a No Information or the grand jury returned a No True Bill.
These offenses include:
A more detailed list is found below.
When is a person required to acknowledge a sealed or expunged record? Sealed or expunged records must be acknowledged when the person:
The usual fee to seal or expunge your records is $1,500 if The Law Office of Timothy Hessinger handled the case that you are seeking to seal or expunge, or $1,000 if we did not handle the case to be sealed or expunged. There are also costs of $75 to the Florida Department of Law Enforcement and approximately $75 to the Clerk of the Court.
A request for expunction or sealing of a criminal history record will be denied if the person was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following:
Any criminal history record of a minor or an adult which is ordered expunged by a court of competent jurisdiction must be physically destroyed or obliterated by any criminal justice agency having custody of such record; except that any criminal history record in the custody of the department must be retained in all cases. A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction. A criminal justice agency may retain a notation indicating compliance with an order to expunge.
A criminal history record of a minor or an adult which is ordered sealed by a court of competent jurisdiction is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and is available only to the person who is the subject of the record, to the subject's attorney, to criminal justice agencies for their respective criminal justice purposes, which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law, or to other entities set forth in the statute.
Our St. Petersburg, Clearwater and Tampacriminal attorney can determine if you qualify for expunging or sealing your past arrest. Contact us today to discuss your specific case.