Fort Walton Beach Expungements Lawyer

Expungements Attorney in Fort Walton Beach, FL

When you have been arrested or charged with a crime in Florida, this doesn’t mean you will get branded a criminal for life. You may actually have the chance to clear these arrests or charges from your record through the legal process of expungement. Whether you were arrested for a DUI on U.S. Route 98 or had shoplifting charges from a mistake at one of the stores along Mary Esther Cut Off NW, a Fort Walton Beach expungements lawyer can help you clear your record.

Jay Patel Attorney at Law: Defending Your Rights and Record

Since 2017, Jay Patel Attorney at Law has been fighting for the rights of those arrested and charged with a wide range of criminal acts. As a former state prosecutor and deputy sheriff, Jay Patel understands the legal system of Okaloosa County. He can use that knowledge to provide deep insight into your case. Mr. Patel works tirelessly to defend his clients’ rights and prevent them from being abused by the Florida court system.

Understanding the Differences Between Expungement and Sealing in Florida

The state of Florida offers two main ways to limit the public’s access to the information on an individual’s criminal record. Both methods can be available for adult and juveniles alike, and include:

• Expungement. In Fort Walton Beach, expungement offers a way to physically destroy one’s criminal record from the public and from most government agencies. Under the law, the only party able to retain a copy of your criminal record for law enforcement purposes is the Florida Department of Law Enforcement. Once your record is successfully expunged, you have the right to deny any related arrest or charges.
• Sealing. Your other option is sealing your criminal record, which allows your criminal record to become inaccessible to the public. The record will still exist, but the public will not be able to access it without an official court order. Sealing is typically available to individuals who were not formally convicted, have completed all required probation or other forms of court supervision, and whose original case did not involve any disqualifying charges.

Fort Walton Beach Expungement Requirements

Expungement in Florida is not guaranteed. Your eligibility varies depending on the kind of crimes on your record and whether a conviction took place. In most Florida expungement cases, you can expunge your record if you meet the following requirements:

• You were never actually convicted of the crime.
• Your arrest or charge never resulted in a conviction.
• You are not currently fulfilling a sentence for any related or unrelated crime.
• You have completed your necessary terms of a diversion or Pre-Trial Intervention agreement.
• You have completed your necessary sentence, which may include any probation or community service.

If you have been arrested in Fort Walton Beach but never officially convicted, you may be eligible to have your arrest and charge record sealed. Having your record sealed is similar to having it expunged, but the requirements for eligibility can differ. For this reason, and several others, it is crucial to hire an expungement attorney. They can review your case and determine whether sealing or expungement is right for you.

• Keep in mind that there are certain offenses that cannot be expunged or sealed in Florida per the state’s laws. If you have been guilty of certain misdemeanor or felony charges and have not had any of these charges successfully expunged in the past, you typically can’t pursue expungement or record sealing in the future. These charges include:
• Assault and/or battery
• Assault on a law enforcement officer or firefighter
• Carrying a concealed weapon
• Petit theft
• Arson
• The exposure of your sexual organs
• Neglect of a child
• Cruelty to animals
• Unlawful possession of a firearm

Benefits of Expunging Your Criminal Past

Seeking to expunge or seal your record doesn’t just help you move forward; it can also offer you a fresh start. One of the most obvious benefits is that, once your record has officially been expunged, you can legally state that you have never been arrested for a crime when you apply for housing, new employment, or new educational opportunities. The Order of Expungement can additionally assist in removing mugshots from certain websites.

Expunging your record can offer you more control over your life. The unemployment rate for individuals with a criminal record in the United States is around 30%. Additionally, one study shows that average quarterly wages rise by nearly 23% one year after an individual successfully seeks expungement.

Your expunged record cannot be used against you in court if you were ever to find yourself charged with a crime in the future. Once your record is officially expunged, you may also possess firearms and vote again if these rights were taken away due to your arrest or charge.

FAQs

Could I Succeed in Expunging My Record?

When seeking to expunge your record, success is never promised. Many factors can affect your eligibility for expungement, and there are several situations where expungement is simply not possible. According to one study, only around 6.5% of individuals eligible for expungement actually succeed within the first five years of their eligibility.

How Long Can the Expungement Process Take?

The process of expunging your record usually takes several months to complete. However, in some cases, it can take upwards of a year or more. It depends on various factors involved in your case, such as the availability of the courts, the availability of evidence, and the complexity of your possible expungement.

Do I Need a Lawyer to Expunge My Criminal Record?

While you are not legally required to have an attorney while trying to seek an expungement, they can be crucial for navigating the difficulties of the court process. Your Fort Walton Beach expungements attorney can make sure all your paperwork is correctly filled out and filed by the necessary deadlines. They can work to provide you with every chance at a successful outcome.

What Rights Can Be Restored After a Successful Expungement or Record Sealing?

In Florida, an individual may lose certain civil rights afforded by the U.S. Constitution when certain crimes are committed. These rights can include Second Amendment rights, or your right to legally bear or purchase firearms, and your right to vote. Having your record expunged or sealed can also benefit you if you are seeking immigration rights.

Hire an Expungements Lawyer at Jay Patel Attorney at Law Today

Seeking an expungement in Fort Walton Beach can offer you the clean slate you deserve and allow you to move forward into a brighter future. Clearing your record, however, is not as simple as it might seem. You should hire an expungement lawyer who can guide you through every step of the process. At Jay Patel Attorney at Law, we can do just that. Contact our offices today to learn more information and schedule an initial consultation.