Sealing Criminal Arrest and Court Records Will Protect Your Reputation
As soon as the nightmare of a criminal arrest and prosecution have ended and the task of reclaiming one’s life, employment and family and friendships begins, the challenge of explaining the arrest booking photo and court records which are often available as public records to the world begins. Employers, landlords and schools frequently ask if there are any prior arrests or criminal charges when they are considering new employees, tenants or students. Wouldn’t it be a relief to be able to hide the online photo and records and legally deny that the entire situation ever happened?
Sealing of Criminal Records in Florida Can Make Them Disappear As If It Never Happened
If you meet the criteria to be eligible for having your arrest and charge sealed, the law will require that the Clerk of Court and each police agency involved in the case actually seal their files and records, hiding them from public view. The Sheriff will be ordered to remove the arrest booking photo from public view, including a website, and the Florida Department of Law Enforcement will be ordered to remove mention of the arrest and charge from any criminal history supplied to the public. What’s more, the law of the State of Florida will permit the formerly accused person to lawfully deny, even under oath, that the arrest or criminal court case ever happened, in most cases.
If You Meet the Criteria You Can Be Eligible For Sealing a Criminal Record
Before someone will be legally eligible to have a past arrest or prosecution sealed, they must meet several criteria:
- They must not have been adjudicated guilty or adjudicated delinquent for any criminal charge, or comparable ordinance violation in the past ever, including the charge that they are trying to get sealed. This is why it is important to always try to have a charge either dismissed or have the adjudication withheld on a case, if a plea offer is taken.
- They must never have had a previous sealing or expunction for any criminal case.
- The criminal charge that they are attempting to have sealed must not involve any of these charges or an attempt or conspiracy of them:
- Murder or Manslaughter
- Kidnapping
- Scheme to Defraud
- Various types of sexually related crimes
- Domestic violence, including domestic battery
- Child abuse or child sex crimes
- Lewd and lascivious acts against elderly or disabled adults
- Offenses by public officers or public employee
- Drug trafficking or manufacture of drugs (including growing marijuana)
- Arson
- Aggravated Battery or Assault
- Illegal Use of Explosives
- Aircraft piracy
- Robbery
- Carjacking
- Residential Burglary
- Home Invasion Robbery
- Terroristic act
If the crime for which someone is arrested or charged is one of the above, they must get it dismissed or reduced to a non-disqualifying charge and obtain a withholding of adjudication upon sentencing in order to qualify for sealing the record
- The probation or other court supervision for the charge which is sought to be sealed must be completed and terminated.
