Many people call our law firm inquiring about how the go about getting an expungement of criminal records in Florida. This is an important question for anyone who has been arrested in Florida. If you have an arrest on your criminal record it can have numerous consequences on your daily life. In Florida all government records are available to the public via an open records request. That means anyone can access your criminal record. That goes for employers, potential landlords or schools. One mistake in your past can have serious consequences on your future.
While the state of Florida does provide a free and open exchange of records which allows others to see your criminal past, the state also offers you a second chance through expungements. But how do expungements in Florida work? Well first we need to explain what an expungement is. This is the process of getting a criminal offense legally erased from your record, if you were never convicted of the crime. An expungement means your criminal record will not be accessible by the public and it allows many people to put a past mistake behind them and gain employment or housing.
One of the biggest questions concerns what types of crimes are eligible to be expunged. Not all crimes can be cleared from your record. If you have been charged with aggravated battery, aggravated assault or aggravated stalking you would not be eligible for an expungement or a sealing. Those aren’t the only crimes that cannot be expunged. Other crimes which are not eligible for expungement include burglary, robbery, manslaughter, murder, child abuse, child sexual abuse, child pornography, drug trafficking, sexual battery, domestic violence, carjacking, terrorism, prostitution, pandering, lewd conduct, homicide, illegal pornography, kidnapping, elder abuse and arson.
Not only are these crimes listed above not eligible for an expungement there are certain criteria that need to be met to be eligible for an expungement. If you were found guilty of a delinquent crime as a juvenile you may not be eligible for an expungement. If you had a prior arrest already expunged or if you pled guilty or not contest to the charge you want expunged or if you have been found guilty of a crime as an adult those could all be reasons you would not be eligible to have a crime expunged from your Florida criminal record.
There are obviously a lot of factors that come into play when you talk about expunegments in Florida. If you have further questions the attorneys at Finebloom and Haenel would be more than happy to talk to you about the process. Call 1-800-344-4848 for more information.