One of the worst parts of a criminal conviction or, for that matter, an arrest in Florida is not necessarily the sentence – which may include fines, incarceration, probation, or other forms of punishment – but the collateral consequences. Collateral consequences include the social and financial harm associated with an arrest or criminal record. Because of the latter, you can lose your job or miss out on career opportunities. Your reputation is at stake as much as your financial future. 

This is true for people who made a mistake but are otherwise law-abiding citizens. Think of drunk driving cases, where a person underestimates their blood alcohol content and ends up getting arrested. An incident like this can happen to the best of us as well as the worst of us. 

At Rodriguez & Williamson, PLLC, our Florida expungement lawyer based in Hillsborough handles all types of expungement cases and, when appropriate and applicable, sealing of the record cases. Getting criminal convictions and arrest records expunged is your best means of safeguarding your future. Contact us at 813-320-7500 to schedule a Free and to learn more about what opportunities are available to you.

Understanding Expungement in Florida

Expungement is the process of erasing a criminal arrest or conviction from your record via a court order. 

Once a record has been expunged, it's as though it never existed. You typically don't have to disclose it to potential employers, landlords, or professional licensing boards. However, expungement can't erase memory—if your record was already made public via news reports or social media, an expungement won't fix this. 

Federal expungements are very rare, with most expungements occurring in state courts. The availability, eligibility criteria, application process, and consequences of expungement vary widely between state jurisdictions.

Expungement is not available in every state. Some only allow a record to be sealed—meaning the public cannot access it, but certain government agencies can. 

Where it is available, the expungement process typically involves a few steps:

1. Filing a petition or application, along with supporting material and filing fee, with the court that heard your case. 
2. Serving the application on the prosecutor. 
3. Attending a hearing that will be set for the court to decide whether to issue an expungement order. 

Again, each state has its own laws specific to expungement, and that includes the expungement process. You should always consult with a criminal defense lawyer in Florida if you want to learn more about expungements. Contact our criminal defense attorney located in Hillsborough today at 813-320-7500 to get started.

What Qualifies for Expungement in Florida?

Whether an arrest or conviction is eligible to be expunged depends on the relevant state's laws unless it's a federal arrest or conviction. But again, federal crimes are rarely expunged. In fact, only individuals convicted of minor offenses under the Controlled Substances Act can have their federal record expunged. 18 U.S.C. § 3607(c). In the latter instance, you should speak to a federal criminal defense lawyer in Florida to learn more. 

Eligible Florida Criminal Convictions

As for arrests and convictions on a state level, it is generally easier to have misdemeanors expunged than felonies. Examples of crimes that are often eligible include:

• Non-violent crimes
• Non-sexual crimes
• Vandalism
• Theft
• Forgery

Most states exclude serious offenses from expungements, like murder, sex offenses, fraud, and DUI offenses. 

Eligible Arrest Records in Florida

The outcome of the case may also be relevant. Most states allow non-conviction offenses to be expunged, which include

• Arrests with no subsequent conviction
• Charges that resulted in an acquittal
• Charges that were dismissed or withdrawn
• Cases resolved via a diversion program 

Other Potential Eligibility Requirements for Expungement

Eligibility for expungement also varies between states. Typically, you can only seek expungement after serving your full sentence. Some jurisdictions also impose waiting periods before you can apply for an expungement of your record or limit the number of expungements you can request. 

A limited number of states have introduced automatic expungement laws. This would mean you would have to do nothing because the expungement would be automatic. For example, juvenile arrests are often automatically expunged.

Benefits of Expungement in Florida

An arrest or criminal conviction can have serious long-term consequences beyond any sentence imposed by a court. A criminal record can affect your ability to find employment, secure accommodation, apply for a loan, and obtain a professional license. 

Expungement gives you another chance at a “clean slate.” 

It can open up job opportunities that may have previously been closed by your criminal history and make it easier to secure accommodation. It may also help when applying for loans. 

Alternative to Expungement: Sealing of the Record

Some states provide for criminal records to be sealed rather than expunged. 

Where a record is sealed, it cannot be seen by members of the public, like landlords, employers, and creditors. However, the record still exists and can potentially be accessed by certain government agencies, like law enforcement, courts, prosecutors, immigration agencies, and professional licensing boards. 

Three Reasons to Hire a Florida Expungement Attorney

The availability of expungement and the application process to file an expungement petition are state-specific. Eligibility criteria can be complicated, with several overlapping laws governing expungements. The process can also be complex, involving strict compliance with the rules and provision of relevant supporting documentation. 

While you can represent yourself in an expungement petition, it's worth speaking to an attorney for the following reasons:

1. Ensure eligibility. We will advise you whether you are eligible to apply. The eligibility requirements for expungement are updated regularly, and our criminal defense attorney is familiar with the current legal position. We will review your criminal history, personal circumstances, and the law to confirm whether you can apply for an expungement or sealing of your criminal record. 
2. Strong, persuasive application. We will also help you prepare a strong expungement application. Our criminal defense lawyer knows how to obtain copies of the documents you need and will help you develop submissions as to why the judge should expunge your record. 
3. Improved chances of success. It is important to get an expungement petition right. In some states, a refusal may bar you from reapplying for a certain period of time. 

In sum, our expungement attorney will review your case, advise you about your options, and help you navigate the process to a successful conclusion.  

Contact a Florida Expungement Lawyer in Hillsborough Today 

If you have been convicted of a crime in Florida and think you may be eligible for expungement, you should pursue the expungement immediately. The sooner you do, the sooner you will benefit from a clean slate. At Rodriguez & Williamson, PLLC, our expungement lawyer in Hillsborough and criminal defense team handle these types of requests with urgency and accuracy. Contact us today by either filling out the online form or calling us at 813-320-7500 to schedule a Free.

The sentence, which may include fines, incarceration, probation, or other forms of punishment, is not necessarily the worst part of a criminal conviction or, for that matter, an arrest in Florida. On the other hand, the collateral consequences are one of the worst parts of either of these events. One example of a collateral consequence is the social and financial damage resulting from having a criminal record or being arrested. Because of the latter, you risk being fired or missing out on opportunities to advance in your career. Your good name is on the line, in addition to your ability to provide for yourself financially.

This is true for people who are otherwise upstanding citizens but have committed an offense in the past. Consider the scenario of a person driving under the influence of alcohol who misjudges their blood alcohol content and gets arrested as a result. A calamity of this nature can befall any of us, no matter how good or bad our character may be.

Our Hillsborough-based expungement attorney at Rodriguez & Williamson, PLLC, handles all kinds of expungement cases and cases involving record sealing when appropriate and applicable. The most effective strategy for protecting your future is to have any convictions or arrests from the past removed from your catalog. You can learn more about the opportunities and schedule a free consultation by calling us at 813-320-7500.

Understanding Florida Expungement

The process of having a criminal arrest or conviction removed from your record in accordance with a court order is referred to as expungement.

Once the information has been removed from a record, it is as if that information was never kept. You typically don't have to disclose it to potential employers, landlords, or professional licensing boards. Nevertheless, expungement cannot erase memories; if your record has already been made public, for example, through news reports or social media, expungement will not correct this problem.

Most expungements occur in state courts because they are significantly more common than federal court expungements. There is a large variation between the state jurisdictions regarding the availability of expungement, the eligibility criteria, the application process, and the consequences.

In some states, having a criminal record expunged is impossible. The general public may not have access to the record, but certain government agencies may. This is the only option provided by some jurisdictions.

The procedure for expungement typically consists of the following steps, where they are available:

• Submitting a petition or application with any supporting material and the appropriate filing fee to the court that previously heard your case.
• Making the application available to the prosecutor.
• Participating in a hearing will be held so that the judge can decide whether or not to issue an order to expunge the record.

To reiterate, the expungement process is governed by a set of laws unique to each state and specific to the expungement act. If you live in Florida and want to learn more about expungements, you should never hesitate to speak with a criminal defense attorney. To get started, call our criminal defense attorney in Hillsborough, located nearby, at the number 813-320-7500 right away.

What Kinds of Convictions Can have a Florida Expungement?

Unless the arrest or conviction were a federal offense, the laws of the relevant state would determine whether or not an arrest or conviction can be expunged from a person's record. To reiterate, records of federal offenses are rarely cleared. The only people eligible to have their federal records expunged are those convicted of minor offenses under the Controlled Substances Act. 18 U.S.C. § 3607(c) (c). In the second scenario, you should seek the advice of a federal criminal defense attorney in Florida to acquire additional information.

Eligible Florida Criminal Convictions

++Regarding arrests and convictions on a state level, it is typically much simpler to have misdemeanors expunged from one's record than to have felonies. The following types of crimes are frequently eligible for pardon:

• Non-violent crimes
• Non-sexual crimes
• Vandalism\sTheft\sForgery

The majority of states do not allow expungements of severe crimes such as murder, sexual offenses, fraud, and driving under the influence offenses.

Records of Applicable Arrests in the State of Florida

The verdict in the case is also relevant to the discussion as the vast majority of states permit the expungement of non-conviction offenses, which include:

• arrests that did not ultimately result in a conviction
• Charges that were proven to be unfounded, resulting in an acquittal Charges that were dropped or withdrawn from consideration
• Cases resolved via a diversion program
• Additional Possibilities of Eligibility Requirements for Expungement

In addition, eligibility requirements for expungement can vary from state to state. After serving the entirety of your sentence, you are typically eligible to seek an expungement of your record. In addition, some states require you to wait a certain amount of time before you can submit a request to have your record expunged, and others restrict the number of times you can make such a request.

Only a handful of states have passed laws that allow for the automatic expungement of criminal records. Because of this, the expungement will take place without any action on your part because it will be done on its own. For instance, the records of most juvenile arrests are cleared away automatically.

Advantages of Getting Your Florida Expungement

An arrest or conviction for a crime can have serious long-term repercussions beyond any sentence a judge may hand down. If you have a criminal record, finding work, renting an apartment, applying for credit, and getting a license to practice your profession will be more challenging.

The legal expungement process allows you to start over with a "clean slate."

It may also make it simpler for you to find a place to live and open up employment opportunities that were previously unavailable to you due to your criminal history. Additionally, it might be helpful when applying for loans.

Another option besides expungement is to have the record sealed.

In place of expungement, the laws of some states allow for criminal records to be sealed instead.

When a record is sealed, members of the public who might be interested in viewing it, such as potential landlords, employers, or creditors, are prevented from doing so. Nevertheless, the record is still in existence, and it is possible that certain government agencies, such as law enforcement, courts, prosecutors, immigration agencies, and professional licensing boards, could potentially access it.

Here Are Three Good Reasons to Retain the Services of a Florida Expungement Lawyer

The ability to have a record expunged and the requirements for submitting a petition to have a record expunged vary from state to state. The criteria for eligibility can be challenging to understand because multiple overlapping laws govern expungements. The process can also be complex, requiring strict adherence to the established guidelines and the provision of pertinent documentation supporting any claims made.

Even though you have the right to file a Florida expungement petition in your name, you should still consider consulting with a lawyer for the following reasons:

• Verify that you are eligible. We will let you know whether or not you are qualified to apply. The criteria for eligibility for expungement are modified regularly, and the attorney who defends us in criminal cases is familiar with the most recent interpretation of the law. We will investigate your criminal record, your circumstances, and the relevant laws to determine whether you are eligible to request to have your criminal record expunged or sealed.
• An application with strength and persuasion.
• We will also assist you in putting together a compelling petition for expungement. Our criminal defense attorney is familiar with obtaining copies of the necessary documents. They will work with you to formulate arguments as to why the judge should expunge your record.

Increased probability of attaining the goal. It is critical to ensure that a petition for expungement is accurate. If your application is denied, you might be unable to reapply for a certain amount of time in certain states.

In a nutshell, our attorney for expungement will examine your case, provide guidance regarding your available options, and assist you in navigating the process to a successful conclusion.

Today is the day to get in touch with a Florida expungement attorney.

If you have been found guilty of a crime in Florida and believe you may be eligible for expungement, you should start expunging your record as soon as possible. The sooner you take action, the sooner you will reap the benefits of starting over with a blank slate. At Rodriguez & Williamson, PLLC, our criminal defense team, and Hillsborough expungement lawyer handle requests of this nature with the utmost urgency and precision. To schedule a free consultation, please get in touch with us as soon as possible by either filling out the form on our website or calling us at 813-320-7500.

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