After an arrest, your criminal records might be available to the public. This might affect your ability to get work or secure housing, as a simple background check could reveal information regarding any criminal charges, as well as the manner in which the case closed. Your record can be cleared under certain circumstances, but there are requirements that must be met and numerous legal proceedings that must occur.
If you were arrested or have an eligible charge you would like removed from your record, you might wish to speak with a Pompano Beach expungement lawyer about your legal rights. Our tenacious defense attorneys from Leifert & Leifert could assist you with your legal needs and build a thorough claim to have your record expunged.
Statutory Requirements and Exemptions for Expungement
Expungement is only available for certain crimes or offenses. For example, Florida law specifically excludes certain types of criminal charges, such as DUIs, from being expunged. Violent crimes such as assault and battery also cannot be expunged.
Additionally, there are numerous factors which the Florida Department of Law Enforcement (FDLE) considers in determining eligibility. These include, but are not limited to:
- Any prior convictions or guilty pleas
- Any prior expungements
- Current probation or other court supervision
Unfortunately, being eligible for expungement is only the first part of a complex process. However, an expungement attorney at Leifert & Leifert could provide assistance in assessing your eligibility in Pompano Beach and guide you through every step.
The Process of Expungement in Pompano Beach
After eligibility is determined, the first tangible step towards getting a criminal record cleared is to obtain a Certificate of Eligibility from the FDLE. To do this, you must submit an application, fingerprints, and the disposition of your case to the FDLE for consideration.
If you are able to obtain a certificate, you must then complete the process with the court. Naturally, a successful case means a judge issues an order of expungement. Under Florida Statutes §943.0585, the effect of this order is that your criminal record can no longer be accessed by the public, and you would be free to deny that the arrest ever occurred.
After a record is expunged, a person who seeks to access that record could only view it if they first obtained a court order. The FDLE may also choose to not release copies of a criminal record which is the subject of an order of expungement.
When Could an Expunged Record be Viewed?
Under certain circumstances, you cannot deny an arrest even after a successful expunging of your record. This could be true if you were to apply for admission to the Florida Bar, or for jobs with the Department of Education. Barring these and other similar positions, if you apply for a job after a successful clearing of your record, you can deny a cleared arrest or charges.
However, an employer may run a background check or check your driver history for confirmation. While they will not be able to access the actual records without a court order, they may find a letter in your records which could prompt the request of your records. To understand all the nuances of the expungement process, it might be beneficial to speak with a Pompano Beach expungement lawyer.
Contact a Pompano Beach Expungement Attorney Now
Unfortunately, your record and your reputation precede you in many areas of life. If a minor criminal charge has impeded your ability to obtain housing or secure a job, you may wish to see if you are eligible for expungement.
By contacting a Pompano Beach expungement lawyer, you could take the first steps toward moving past a criminal charge and on with your life. Although the process may involve numerous steps and thorough documentation, a determined defense attorney from Leifert & Leifert could assist you throughout the entire process. For a free consultation and more information about your legal rights, call today.