After a criminal case is over, many people want to take steps to clean their record. A clean record helps when looking for a job, seeking to reinstate driving privileges or when filling out applications for certain types of professional licenses. The way to clear your record of an arrest or charge is by either record sealing or expunction. When asking that your record be sealed or expunged, it is important to use an attorney familiar with the process. The criminal defense attorneys at Ferraro Law Group can help you clear the slate, which will help you reach your goals and plan for a more stable future.
In Florida, expunction, sometimes referred to as expungement of criminal records is available under certain circumstances. The first step is to file a petition making the request that charges are removed from your record. To be effective, there are certain things you must include in your petition for expunction. These things include:
● Certificates and sworn statements: The Department of Law must issue you a certificate of eligibility and you must make a sworn statement showing there was no finding of guilt for the crime you want to have sealed or expunged from your record.
● In general terms, for an expunction, either the case was dismissed, you were found Not Guilty, or you previously had the case sealed at least 10 years ago. You can petition to Seal if you are not convicted (even if you are sentenced)and you have successfully finished all of the terms of your sentence and your probation has terminated. If you have any convictions on your record, you will not be eligible to seal or expunge.
The timing of asking for your record to be sealed is after completion of any probationary period. Once you have been successful and complied with all terms of your probation, you are then permitted to request the Court seal the instance and once the Court grants this request the record of your arrest is no longer visible as a public record. However, it is important to note instances of domestic violence including stalking and kidnapping are never available for sealing or expunction. Your record will also still be visible if you are applying for a job with a law enforcement agency or the state bar. These unique instances are why it is critical to use an attorney that knows how to obtain an expunction and the effects of any order expunging a record.
If you are seeking expunction of an arrest, call an attorney that knows the rules. At Ferraro Law Group we help people clear their record and safeguard their ability to apply for jobs or seek reinstatement of certain privileges. Call today to schedule a free initial appointment with one of our knowledgeable criminal defense attorneys.