If you have ever been arrested, given a notice to appear or otherwise charged with a crime, you have at least some criminal record. The fact that you were arrested or charged will be recorded even if the charges were later dropped by the Office of the State Attorney. These records are open and available to the public; including your family, friends, potential employers and school admission boards. Thanks to the internet, your criminal record is viewable at any of hundreds of websites offering criminal background checks; some a no cost at all.
With all of this personal information available to the public, many people find it hard to get a job, promotion or even admitted into the school of their choice because they were once charged with a crime. Even most volunteer organizations now run criminal background checks. In one case recently handled by the Law Office of Silverman & Vorhis, a father was prevented from volunteering on his son's little league team because it was discovered that he had been charged with fraud fifteen years prior.
The fact that an individual was charged with possession of drugs, driving under the influence, soliciting a prostitute or any one of a number of crimes can be embarrassing and detrimental to an individual's private life and his or her professional or education goals. The easy availability of these records and the increased frequency with which criminal record checks are performed make the information in your criminal history vitally important.
What Can Be Done?
Luckily, under Florida law, you have the ability to expunge or seal your criminal records in certain circumstances. Expungement and sealing allow you to remove an arrest and/or charge from your record completely and in most circumstances, legally deny that the incident, arrest and/or charge ever occurred.
Expungement
Expungement is governed by Florida Statute § 943.585. This statute allows you to expunge certain offenses if you have never been adjudicated guilty of any other offense and charges relating to the offense you are attempting to expunge were never filed or dismissed. Expungement means that the record of your arrest held by the police or other arresting agency is physically destroyed and is not visible on a standard criminal background check. Just as in an expungement, in most circumstances, you can legally deny that the incident, arrest and/or charge ever occurred.
Expungement is not available for certain offenses and you must meet additional criteria enumerated in Florida Statute § 943.585. To determine whether you qualify for an expungement of your record, contact the Law Office of Silverman & Vorhis for a free consultation.
Sealing
Sealing is governed by Florida Statute § 943.059 and is very similar to expungement in that your sealed record is not viewable by the general public; however, the record is not destroyed and can be opened with a court order. That being said, sealing is more widely available than expungement as you can seal most offenses, even if you entered a plea to the offense (as long as adjudication was withheld and you have no prior adjudications).
Sealing is not available for certain offenses and you must meet additional criteria enumerated in Florida Statute § 943.059. To determine whether you qualify for a sealing of your record, contact the Law Office of Silverman & Vorhis for a free consultation.
Act Now!
Don't wait until you are about to apply for a job or a new school before seeking a record expungement. The sealing or expunging of your record can take several months to complete and there is no way to expedite the process. We recommend sealing or expunging your record as soon as you are eligible to do so (in most cases, when the charge(s) are dropped or you complete probation). If you think you may want to seal or expunge your record, please contact the Law Office of Silverman & Vorhis as soon as possible to discuss your options.
