Many people may not know that when you are arrested or charged with a crime, it remains on your permanent record, even if you weren’t convicted of the offense. This means that the criminal record can still come up on background checks, potentially impacting your ability to find employment or housing. To learn about your options to expunge or seal certain records, be sure to consult a qualified Destin expungement lawyer about your situation.
Jay Patel Attorney at Law is a dedicated criminal defense firm. It was started in 2017 by our founding attorney, Jay Patel, and his paralegal. When you entrust your case to us, including your expungement efforts, you can feel reassured that an attorney is directly working on it from beginning to end. Jay has a background as a former prosecutor and deputy sheriff, so he offers a unique insight and experience compared to other lawyers in the area.
Florida offers two primary methods of limiting the public’s access to information regarding a person’s criminal record. They apply to both adults and those who were juveniles when the original arrest or court proceedings took place. These options are expungement and sealing.
Expungement is a way to physically destroy an individual’s criminal record from the public, including most government agencies. Typically, only the Florida Department of Law can retain a copy of the criminal record for law enforcement purposes. When a record is expunged, it is inaccessible to any parties running background checks. It is effectively erased.
Sealing a criminal record is a similar process in that the record is largely not viewable by the public. However, the record still exists and may be accessible with an official court order. Similarly to expungement, sealing is a viable option for those who were not formally convicted of the offense and have fulfilled other requirements.
An estimated 11 percent of all serious crimes result in an arrest, with only about two percent ending in a conviction.
Expungement is never guaranteed, and not every person may be eligible to petition for expungement. In the vast majority of Florida expungement cases, you are eligible to expunge your record if you meet these requirements:
Certain crimes are not eligible for expungement or record sealing, even if you meet the other requirements. These include:
Expungement is a chance at a fresh start and can greatly improve your personal circumstances. Having a criminal record can bring certain challenges. One of the primary struggles is difficulty finding a job or building a career. The unemployment rate for individuals with a criminal record in America hovers around 30 percent on average, compared to an overall unemployment rate of about 4.2 percent.
If you are successful in expunging your record, you can legally state that you have never been arrested for a crime. This can make applying for housing, new academic opportunities, and jobs easier compared to when the criminal record was viewable by the public.
Additionally, your expunged record cannot be used against you in court if you are charged with an offense in the future. An Order of Expungement may even assist in removing your mugshots from certain websites, including those related to a Sex Crime.
It is highly recommended that you hire an expungement lawyer because Florida expungement laws can be strict and complex. For something as important as expunging or sealing your record, it’s beneficial to work with a legal professional who is familiar with the local courts, expectations, and procedures. An experienced Destin expungement attorney understands how to advocate on your behalf and protect your rights at every step, including cases involving Drug Crime or Drug Trafficking.
In Florida, the steps to expunge your criminal record are as follows:
The courthouse that may handle an expungement case depends on where the arrest and prosecution occurred, among other important factors. For criminal proceedings that occurred in the Destin area, expungement or record sealing cases are most likely to go through the First Judicial Circuit Court of Florida for Okaloosa County.
Many cases are processed at the Okaloosa County Courthouse, which is located at 101 East James Lee Boulevard, Crestview, FL 32536. It is also possible for your expungement to be handled at the Okaloosa County Courthouse Annex Extension location, which is at 1940 Lewis Turner Boulevard, Fort Walton Beach, FL 32547.
Since legal venues and other important information can vary from case to case, it’s advised that you confirm any details with your expungement lawyer.
Jay Patel is a Former Prosecutor and a Former Law Enforcement Officer with the Okaloosa County Sheriff’s Office.
No, in Florida, once a record is expunged, it’s permanent and doesn’t expire. Expungement is when a criminal record is physically destroyed or permanently kept confidential and secure. Similarly, sealing a criminal record also doesn’t expire and is permanent.
Sealed or expunged records do not reappear on public background checks after a certain number of years. Expunged records are only accessible by the Florida Department of Law Enforcement, and sealed records may still be viewable with an official court order.
There is no legal requirement in Florida that you work with a lawyer to request that your criminal record be expunged or sealed. However, it is generally recommended that you do hire an attorney when trying to expunge your criminal record due to the process often including complex legal issues. Having an expungement lawyer to guide you is beneficial, as they can offer advice and support through the proceedings.
In Florida, several circumstances may disqualify you from expungement. If your case resulted in a conviction, you are disqualified. Florida’s one-time expungement limit also prevents you from expunging a record once you have expunged or sealed one in the past.
If you have ever been convicted, you are also disqualified from expungement. Even if you were never convicted, the charge itself may disqualify you. Sex offenses or violent crimes are among the charges that are not eligible for expungement.
In Florida, it can often take several months to expunge a misdemeanor from your record. The exact timeline of expunging your record can vary, depending on court scheduling and state backlogs, among other factors. Each step of the expungement process can take numerous weeks to complete. To avoid unnecessary delays or errors in your case, it is strongly advised that you work with a qualified expungement attorney.
Yes, it can certainly be worth it to expunge your record in Florida. Having your criminal record expunged effectively destroys it, making it inaccessible to the public and most government agencies.
Expungement can make it easier for the person to find housing, pursue academic opportunities, and secure employment. If you’re unsure whether you may qualify or are likely to secure an expungement, you can speak to a lawyer about whether seeking an expungement may be worth it.
You can feel confident about your chances of expunging or sealing your record when you bring your case to the office of Jay Patel Attorney at Law. Reach out to us today to schedule a meeting with our capable and skilled defense attorney, Jay Patel. After reviewing the details of your situation, we can discuss your options and answer any questions you may have.
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