In a society that values second chances, it's crucial to understand the process and potential benefits of having a criminal record expunged. This process, as laid out by Florida law, provides those with certain types of criminal records a way to clear their past and move forward without the stigma of a criminal conviction.
According to Florida Statutes, specifically Florida Section 943.0585 and Florida Section 943.059, expungement is a legal process in Florida that allows certain individuals to have their criminal records sealed or expunged. The complete statute can be found here and it provides in-depth details about who is eligible and what steps are needed to have a record expunged.
In simple terms, when a record is expunged, the person’s record is physically destroyed by criminal justice agencies having custody of such record. However, a confidential copy is retained by the Florida Department of Law Enforcement (FDLE). This means that for most purposes, like employment background checks, the conviction will no longer appear.
So, who is eligible to have their criminal record expunged in Florida? Firstly, you can apply for an expungement if your case was dismissed before trial or if you were acquitted at trial. It is also possible to expunge records of arrests that did not lead to conviction, if adjudication was withheld, or if the sentence was served and the person has been crime-free for a certain period of time. The statute has specific eligibility conditions that should be checked thoroughly.
The major exceptions include serious crimes such as murder, child abuse, sexual offenses, and other grave charges. Additionally, the person applying for expungement should not have been found guilty or have pleaded guilty or no contest to any charges in their past, nor should they have had a criminal record sealed or expunged in the past.
A Summary of Florida Statute 943.059
Florida Statute 943.059 pertains to the court-ordered sealing of criminal history records. This law allows eligible individuals to request the sealing of their criminal history records. Once sealed, these records are confidential and no longer accessible to the general public.
However, certain exceptions exist. The sealed records remain accessible to the person who is the subject of the record, criminal justice agencies for their respective criminal justice purposes, and specified non-criminal justice agencies, like professional licensing authorities, for licensing or employment purposes.
According to the statute, individuals are eligible to apply for record sealing if they've not been adjudicated guilty of certain criminal offenses, have not secured a prior sealing or expunction of a criminal record, and have completed their court-ordered sentence, including probation or restitution.
The statute specifically excludes certain serious crimes from eligibility for record sealing, including but not limited to: arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse or aggravated child abuse, abuse of an elderly person or disabled adult, aircraft piracy, kidnapping, homicide, manslaughter, sexual battery, robbery, carjacking, sex offenses, and certain acts of domestic violence.
An application for certificate of eligibility for sealing a criminal history record should be submitted to the Florida Department of Law Enforcement (FDLE). This application needs to include a certified copy of the disposition of the charge(s) to which the application pertains.
The final decision to seal a criminal history record is at the sole discretion of the court. This decision can depend on factors such as the nature of the crime, the person's character, and whether sealing the record would pose a risk to public safety.
Note that this is a broad summary, and the statute contains further specific requirements and exceptions. For an in-depth understanding and application of this statute, legal counsel should be consulted.
You might wonder, why is it necessary to have an attorney for this process? While it's possible to go through this process without legal representation, an experienced attorney can be invaluable. The process is complex and involves multiple stages, including obtaining a certificate of eligibility from the FDLE, filing a petition with the court, and potentially attending a hearing.
Furthermore, there's the matter of interpreting the law. The Florida Statutes provide a general overview but may be open to interpretation, and each case is unique. An attorney can help you understand whether you're eligible for expungement, guide you through the process, and ensure that all paperwork is completed accurately and timely. Also, if there are any objections or complications, having a lawyer who specializes in Florida’s expungement laws to represent you can increase the chances of achieving a successful outcome.
When it comes to navigating the complexities of the Florida expungement process, you don't have to do it alone. At Musca Law, P.A., we are here to help guide you every step of the way. With 30 locations throughout Florida, we're never far away, and with our toll-free phone number 1-888-484-5057, we're available 24/7 to assist you. It's time to close the chapter on your past and open the door to a brighter future. Contact Musca Law, P.A. today - let us be your trusted partner in the journey toward expungement in Florida.