Expungement Lawyers in Orlando, Florida
Over 150 Years Collective Experience
If you have been charged with a crime that you were found not guilty of, it will still go on your record. Fortunately, you can hire a skilled attorney that can have your record expunged.
Here at Musca Law Firm in Orlando, we know the importance of a name. We also know that if your name has been dragged through the mud, it can be very hard to clean it up. However, all of our attorneys here at our law firm are happy to help fight for you. We know the rules and regulations of expungement, along with which crimes can and can not be expunged. If you are in need of this service, please call us at (888) 484-5057 to schedule your free, no-obligation consultation. We will be happy to meet with you at your convenience.
Expungement in Orlando
Expungement can be defined as a legal proceeding in which your record is cleared. Expunging means erasing or completely removing from something. This process takes on average about 5 to 7 months. However, there are many factors that affect how long it takes: how long the state attorney takes to sign off on your case, which county your case is in, and how fast you can obtain a certificate of eligibility.
Expungement is done at the state level. Federal crimes are not eligible for expungement.
In most cases, expungement will not require an individual to go to court.
Criteria to Expunge a Record in Orlando and the Rest of Florida
In order to expunge a record in Orlando, you need to meet certain criteria. This includes:
Petition to Expunge vs. Petition to Seal Records
Expunging a record and sealing a record are two terms that are often used interchangeably, however, they are not the same thing.
Expunging a record can remove arrests, probation periods, and court supervision from a criminal record.
Sealing a record allows it to be hidden from the public. However, certain employers that are doing background checks can still see these records. These could be school districts, hospitals, fire departments, government jobs, and any job that allows you to work around children. Other employers will not be granted this access to see this.
Sealed records will need a court order to be viewed by anyone. The only ones who will have access to them will include law enforcement officials, the courts, and state attorneys.
In order to have your record expunged, your case must have been dismissed or dropped. One can also be acquitted after a trial, and (1) you have never been convicted of a criminal offense, and (2) you have never sealed or expunged another arrest in Florida.
There are various types of expungements in Orlando. These include:
Crimes That Are Not Eligible For Expungement in Orlando and the Rest of Florida
If you have been convicted of a felony in the state of Florida, you are not eligible to have your record expunged.
The following crimes are not eligible for expungement in Orlando or the rest of Florida:
Expungement Disclosure Protection
When a criminal record is expunged, the individual does not need to disclose their past criminal history unless noted by the Florida Statutes.
The following are exceptions to non-disclosures. Any individual must make disclosures about their expungement under Florida Statutes 943.0585(4)(a) and 943.059(4)(a):
- You have never received a prior sealing or expungement in the state of Florida.
- You have never been found guilty of any criminal offense.
- You are not under any type of court supervision, which includes probation, house arrest, or pretrial release.
- You did not enter a plea of guilty or nolo contendere (no contest) for an offense that is ineligible for sealing or expungement under Florida Law.
- Administrative Expungement
- Self Defense Expungement
- Human Trafficking Victim Expungement
- Juvenile Expungement
- Court Ordered Expungement
- Child abuse or aggravated child abuse
- Burglary to a dwelling
- Stalking and aggravated stalking
- An act of domestic violence
- Home-invasion robbery
- An act of terrorism
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft piracy
- Scheme to defraud or organize fraud
- Sexual battery
- Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at the solicitation of a person in familial or custodial authority
- Manufacturing certain controlled substances
- Sexual misconduct with a developmentally-disabled person
- Sexual misconduct with a mental-health patient
- Luring or enticing a child
- Sexual battery
- Lewd or lascivious offense upon or in the presence of an elderly or disabled person
- Sexual performance by a child
- Offenses by public officers and employees
- Aggravated Assault
- Procuring a person under the age of 18 for prostitution
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- Showing or selling obscene literature to a minor
- Computer pornography
- Selling or buying of minors
- Trafficking in controlled substances
- Aggravated battery
- Illegal use of explosives
Expunging More Than One Record
Under Florida law, one is only able to expunge one record in a lifetime.
Those Entitled to Receive Expungement Records
Under Florida law, there are various agencies that can receive and view your criminal record, even if it has been expunged. These include the Florida Bar, law enforcement, the Department of Children and Families, entities that preside over teaching certifications, and the Agency for Healthcare administrations.
Steps to Receive a Certificate of Eligibility for Crime Expungement in Florida
To have your record expunged, you will first need a certificate of eligibility. In order to obtain this, you must follow these steps.
- The individual is a candidate for employment with any law enforcement.
- The individual is a defendant in a criminal prosecution.
- The individual is seeking admission to The Florida Bar.
- The individual is seeking employment/licensing/contracting with the Department of Children and Family Services, the Agency for Healthcare Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice.
- The individual is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities.
- The individual is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (this applies only to the sealing of records).
- The individual is seeking authorization from a Florida seaport identified in Section 311.09, Florida Statutes, for employment within or access to one or more of such seaports pursuant to Section 311.12, Florida Statutes.
- The individual is seeking to be appointed as a guardian.
- The individual is seeking a concealed carry license.
Expungement Denial Reasons in Orlando
There are various reasons why an expungement may be denied. These could include:
Reasons To Have a Record Expunged
There are various reasons why a person would want to have their record expunged. Here are some of the more common reasons attorneys find.
- First, you will need to fill out an application for a certificate of eligibility. This can be downloaded online or you can have one sent to you via email. Section A of the application will need to be filled out in front of a notary or a Clerk of the Courts. If you are asking for expungement of a criminal history, you will need to have section B filled out by the prosecuting attorney.
- You will need to obtain a fingerprint form, which is found in the application packet. Fingerprints must be taken by a member of law enforcement. Your name, date of birth, sex, race, social security number, agency ORI, and signature must accompany this.
- A certified disposition must be included in the application from the Clerk of Court in the county where the charges were filed. If this is not available, a certified letter from the Clerk of Court, State Attorney’s Office, and the arresting agency will be required.
- A processing fee of $75, which is not refundable, will need to be included with the application. This should be in the form of a check or money order.
- A letter from your attorney on attorney letterhead must accompany your application if you are being represented.
- The judge may not want to grant the expungement.
- The judge could feel that you are too violent to have the record expunged.
- You already have a criminal record expunged.
- Your criminal history record shows you have been adjudicated guilty.
- It was a disqualifying charge.
- You are currently on probation for another crime.
- You have an open criminal case.
- You owe community service hours.
- You still owe court costs or restitution.
- You have pending charges against you.
- The diversion program you were assigned to was not completed.
- You have not had pending the waiting period time.
- The crime was a federal crime, which can never be expunged.
Call Musca Law Firm at (888) 484-5057
Musca law firm wants to help you expunge your record. We realize that in life, everyone makes mistakes, yet, you do not have to pay for it the rest of your life. Call us today to expunge your record.
Our law firm accepts calls 24 hours a day, 7 days a week. We have convenient hours for you that are after hours and on weekends. We will put together a strong defense for your case and expose the weak points of the prosecution. All of our attorneys will take the time to answer any questions you have. Our philosophy enables you to have a personalized experience with attorneys that will update you every step of the way.
Musca Law Firm is a very well respected law firm in Orlando and the rest of Florida. We have successfully won many cases and want to fight for you. Please call us today to schedule your free initial no-obligation consultation.
- People that want to adopt will not be allowed to have a criminal record. It should be noted that those individuals who have crimes that involved children or minors or was a sex crime will never be allowed to have their records expunged. Therefore, these people will never be allowed to adopt children.
- Job applications will often ask if you have ever been convicted of a crime. While it is easy to lie if you have been convicted for a crime, you also risk a violation of the law. However, if you are honest and mark yes, you take a huge gamble on if you will be called in for an interview. If you expunge your record by answering no, you will be truthful.
- Many loan agencies will not allow those that have a criminal record to obtain loans. Or if you are able to get a loan, you may be paying a much higher interest rate than if you never committed a crime. Expunging your record would allow you to get a much lower interest rate.
- Landlords have every right to see if you have been convicted of a crime. After all, would you want to rent to someone with a felony conviction?
- Many colleges will not allow those who have been convicted of a crime. Even if you have committed it in your earlier years and it is still on your record, colleges are often leery of letting those who commit crimes into their schools.
- People in the community can be very judgmental about crimes. If you do not want others talking behind your back about you, you may wish to see your record expunged.
- You will be able to put your past behind you and not have to worry about anyone finding out you did have a criminal record.