Blog

15May
2014

How You Can Get Rid of Your Criminal Record

How You Can Get Rid of Your Criminal Record

With a criminal record, many opportunities that may otherwise be open to someone with your knowledge, skills, and talents may not be possible.  In this digital age, anyone can Google your name — and possibly get the wrong idea about your character — if you have an outstanding criminal charge on your record. Following I’ve outlined some options for you if you are concerned about past charges associated with your good name.

What are my options to clear my name?  In the state of Florida, you have two options: 1) file a motion to expunge, or 2) file a motion to seal.

How is a motion to expunge different from a motion to seal my record?  Not everyone is eligible for the motion to expunge, as it eliminates all records of the criminal event – if the motion is approved by the Court. A motion to seal, which has no eligibility requirements, only seals your record (if the motion is approved).

How do I know if I’m eligible for a motion to expunge?  A motion to expunge your record is only available to you in Florida if your case was ultimately dropped, not filed, or if you were found not guilty and you have never been adjudicated guilty of any other charge.  If you have plead or been adjudicated guilty, you are not eligible. Note that if you’ve ever been convicted of any crime you are not eligible for either a motion to expunge or a motion to seal.

How do I file either motion?  The process for filing both a motion to expunge and a motion to seal is roughly the same.   In either case, an application is submitted to the State Attorney in the jurisdiction where the charges originated.  If eligible, then your attorney can submit the “packet” to the Florida Department of Law Enforcement whereby if you meet all requirements, a certificate of eligibility will be issued.  These items, as well as motions, orders, and fees will be presented to the original court of jurisdiction and if all is correct, the motion will be granted.

What happens if either motion is granted?  Once your motion is granted, the outcome differs for each motion. In the event of a motion to expunge, the court will order the clerk and all law enforcement to destroy all records of the event.  In effect, it will be as if the event did not occur. In the event of a motion to seal, when the motion is granted the court will order that the file be sealed to the general public.

Do I need to hire an attorney?  Although an attorney is not required by the state to file either motion, it is advisable to retain a criminal defense attorney to guide you in the process.  This is because the process is tedious and time-consuming – and if any part of the required paperwork is completed incorrectly, your motion will be thrown out by the Court and you’ll need to begin again.

This article is designed to help you understand the basics of motions to seal and expunge. If you are serious about clearing your name, it would be wise to consult an experienced criminal defense attorney who can advise you of your individual rights and responsibilities – as each case is different. If I can be helpful in the process, please contact me.