State law allows individuals to seal or expunge some records from their criminal histories, depending on the circumstances. Although this relief is limited, some people may benefit from the ability to shield these records from public view, including from prospective employers. As a result, you may consider consulting a Loxahatchee expungement Lawyer to determine if this relief is available to you.
A black mark on your criminal background can be the difference between you furthering your career and missing out on a job opportunity. By removing access to eligible records, you may be able to improve your chances of achieving financial stability. Working with one of our hardworking Attorneys at Leifert & Leifert can be vital to a successful expungement or sealing of your records.
Sealing and Expungement of Records in Loxahatchee
State law provides for two distinct forms of relief for criminal records. First, individuals may be able to seal qualified records, which preserves the records but generally hides them from public view, with some exceptions. Other records may qualify for expungement, which physically destroys the records, except for one copy maintained by the Florida Department of Law Enforcement (FLE).
Different types of records may be eligible for one of these forms of relief, but some records are ineligible for sealing or expungement altogether. Furthermore, individuals only are entitled to one expungement or sealing in their lifetimes, except in some cases involving previous juvenile records. Therefore, it may be essential for individuals to work closely with a Loxahatchee expungement Lawyer to successfully obtain this one-time form of relief.
Disclosure of Sealed Records
Sealing records generally hides the records from public view so that they will not appear when a prospective employer performs a background check. Some exceptions exist, however, in which sealed records can be disclosed. For instance, some jobs require the disclosure of sealed records, including positions or contracts with:
- Criminal justice agencies or seaports
- Some schools and daycare facilities
- Some state government agencies, such as the Department of Children and Families, the Department of Health, the Department of Juvenile Justice, and others
Additionally, sealed records are subject to disclosure when individuals are applying for specific licenses, such as those issued by the Florida Bar for Lawyers and the Division of Insurance Agents. People who are seeking to be appointed as guardians as others or to purchase firearms also must have their sealed records disclosed. As the law places various significant restrictions on the sealing and disclosure of these records, getting the advice of an expungement Attorney in Loxahatchee can be critical.
Expungement of Records in Loxahatchee
Unlike sealed records, expunged records cannot be disclosed, although the FLE can reveal their existence to criminal justice agencies upon request. Fla. Stat. § 943.0585 restricts the records that can be expunged to those that did not result in a conviction. If the charges never were filed in court, the prosecutor or court dismissed or nolle prosequi the charges, or individuals were acquitted or found not guilty, the records are presumed eligible for expungement. Furthermore, records that have been sealed for ten years also generally qualify for expungement.
Expungement is also a remedy for which only some people are eligible. If individuals have a Felony conviction or even a conviction for some Misdemeanor offenses, expungement is not an option for them. The only exception is if the conviction was an adjudication of delinquency that later was reversed.
Other restrictions exist, as well. For example, if people currently are under court supervision for an arrest or a criminal act related to the records that they want to expunge, they cannot seek expungement.
Talk to a Loxahatchee Expungement Attorney for Advice
Sealing and expungement offer opportunities for individuals to clear their criminal records and improve their futures. Although relief is limited in many circumstances, those who can take advantage of these processes may wish to do so. A Loxahatchee expungement Lawyer at Leifert & Leifert can be instructive in assisting people with a somewhat complicated process of sealing or expunging their records.
As employer background checks have become a regular part of the process when you apply for jobs, taking steps to seal or expunge all available records may be wise. With legal counsel to assist you, you may be able to further your career or enter a new field of employment altogether.