FAQs About Expunging and Sealing Records
If you have been charged or convicted of a crime, it can have serious implications for your future. You may have trouble obtaining gainful employment, may not be able to find housing, and you could even miss out on certain academic opportunities. To avoid all of these issues, you may wonder if you can get the criminal record expunged or sealed so it is not visible to others.
The matter of expunging and sealing records is a complicated one. It is natural to have many questions. Below, our Fort Lauderdale expungement and record sealing lawyer outlines some of the most common questions that we hear, and the answers to them.
What is the First Step in Expunging or Sealing a Record?
The first step in having a criminal record expunged or sealed is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). You can use the online form to apply for this certificate. As the name applies, this application determines that the offense you want expunged or sealed is eligible. Obtaining this certificate does not necessarily mean that the criminal record will be sealed or expunged. This decision is left solely to the discretion of the court.
What is the Difference Between Expunging and Sealing a Record?
People often use the terms ‘expunge’ and ‘seal’ interchangeably, but there are differences between the two. When a criminal record is sealed, certain government entities can still access it and see the entire record. When a criminal record is expunged, on the other hand, it is as though it has been destroyed. While government agencies may be informed that the record has been expunged, they are not provided with the information the record contained.
When are Records Expunged or Sealed?
Again, a Certificate of Eligibility does not mean a record has been expunged or sealed. Instead, the certificate must be submitted to the court along with the individual’s petition that essentially asks the court to expunge or seal their criminal record. After a court has approved the request, a copy of the court order will be sent to the FDLE, who will comply with it.
Are All Criminal Records Eligible to be Expunged or Sealed?
No. There are certain offenses that cannot be expunged or sealed in the state. Generally speaking these include sex offenses, violent felonies, drug trafficking, and crimes involving minor children. While it is always important to have legal representation when charged with a crime, a strong defense is even more imperative when charged with crimes that cannot be expunged or sealed.
Our Expungement and Record Sealing Lawyer in Fort Lauderdale Can Help You Through the Process
If you have been charged or convicted of a crime and would like it off of your criminal record, our Fort Lauderdale expungement and record sealing lawyer at Haber Blank, LLP, can answer your questions and guide you through the process. Call us now or fill out our online form to schedule a consultation and to learn more about how we can help with your case.
Source:
web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html
