Having a criminal record could affect numerous areas of a person’s life, making it difficult to receive a loan, secure housing, or get certain kinds of jobs. However, for some people, expungement of a previous criminal charge might be an option.
If you have an eligible charge you would like removed from your record, a Hollywood expungement lawyer from Leifert & Leifert might be able to help. One of our experienced defense attorneys could assist with reviewing your case and determine whether your charge is eligible to be cleared.
Conditions for Expungement Eligibility
The clearing of a criminal record may be granted to individuals who have been charged with minor convictions. The expungement process is meant to forgive a conviction that is disproportionately affecting an individual’s life.
According to Florida Statutes §943.0585, expungement is not an available option for every criminal offense. For example, DUI and violent crimes such as manslaughter may not be removed from public record.
Beyond these basic considerations, there are other factors that the Florida Department of Law Enforcement (FDLE) reviews before determining eligibility for expungement. To be eligible, you cannot:
- Have a prior expungement of a criminal charge
- Be presently under court supervision
- Have any prior conviction
Because of these and many other requirements, it might be challenging to determine for sure if you are eligible to seek expungement. A knowledgeable Hollywood expungement lawyer could help to assess your eligibility.
The Expungement Process in Hollywood
There are several steps to the process of expungement. If you wish to have a criminal record removed, the first step is to retain a Certificate of Eligibility. The FDLE has authority over these certificates, meaning that once a request is made, they will examine the documentation regarding a case and make the decision whether to grant or deny the request.
If you receive a Certificate of Eligibility, you must then go on to petition the court for an order of expungement. Under FL Stat. §943.0585, if the Judge issues an order of expungement, any record that has been removed means you could then deny that the arrest or charges occurred.
However, it is essential to note that there are exceptions to the provision. For example, if an individual is applying for admission to the State Bar or applying for particular jobs, they are not authorized to deny a prior arrest or charge even after a successful expungement.
Typically, if someone wishes to see a record that has been expunged, the only way for them to access that record is by a court order. Similarly, an employer who conducts a background check on an applicant who has an expunged criminal record might only see that a record has been expunged, unless they get a court order. A detail-oriented lawyer at Leifert & Leifert could help you to gather and submit the necessary documents that the FDLE requires to work toward an expungement in Hollywood.
Reach Out to a Hollywood Expungement Attorney Today
Even if you were not ultimately convicted, there might still be information regarding any charge you are arrested for in public records. Unfortunately, prospective employers or landlords could access this information, and it might become difficult for you to obtain work or housing.
If you have a minor charge on your record that has had a negative impact on your future endeavors, you might benefit from contacting a Hollywood expungement lawyer. For a free consultation and case review, call the Law Offices of Leifert & Leifert today.