Florida Expungement
Expungement is the legal process where an individual may have his or
her criminal history record erased, but only if that person was not
convicted. Expungement means that an individual's record is no longer
accessible to the public. In some states when a background check is
made the record of expungement will be clear, but in the state of
Florida a statement in the file will indicate that the record was
expunged and nothing further. Because the expungement process can be
confusing, it is advised to acquire a qualified expungement attorney
from the state of Florida. He or she will be able to make the
expungement process very simple and leave no room for mistakes. If a
mistake in an application is made, an expungement will not be granted.
Even though a filed is called "erased" by definition, an expunged file
is not actually destroyed physically. The file is kept on hand for
particular circumstances, which include the running for public office,
enlistment into the United States military, and the usage as a prior
offense in a new criminal case. Even though a record may be expunged,
it can still be used to enhance new charges. After expungement has been
granted an individual will lawfully be able to state that he or she
never committed the crime and confirm so in paperwork and in court, if
necessary.
Florida Record Sealing
Sealed records are different from expunged records. Expunged records
cannot be accessed by the public or law enforcement agencies. Sealed
records cannot be accessed by the public only. This means the public
will not have access to any sealed record no matter if a search is made
for employment purposes, professional licensing purposes, grant
applications or credit purposes. After a record is sealed the only
persons who will have access to the sealed criminal record are certain
government officials as defined by Florida Statutes. Some individuals
may be eligible for a record sealing but not for record expungement
according to the crime or crimes of the past.
Granting Expungement
Expungements are petitioned through the proper paperwork to the court
where the case was originally tried. All the information pertaining to
the case must be included. Because in the United States, which means
the state of Florida, expungement is a privilege and not a right, an
expungement petition can be denied. The judge making the granting
decision will take several things into account before making a
decision: has the person had any other charges, has the person been of
assistance to society since the crime, will granting expungement be of
benefit to society, have any past convictions taken place since, and
others. If an expungement is found not in favor of the court, then the
petition will be denied.
Expungement Eligibility
Those that are eligible for expungement are few however. Florida law
states that an arrest record may be expunged for those who were
acquitted of all charges or where the circumstances state that the
court withheld adjudication after an arrest. Those pardoned can also
apply for record erasure.