Most people know that pleading guilty to or being convicted of a crime in the Sunshine State will result in a permanent criminal record accessible by state authorities and those performing lawful background checks on you. What many people do not realize, however, is that even with an acquittal, a dismissal of your charges, or an arrest without a charge, there will still be a state-held record of your interactions with the criminal court system.
Fortunately, these records are not necessarily permanent, as you may be able to get them expunged with a seasoned defense attorney’s help. If you want to start over and leave your previous dealings with the justice system in the past, a Key West expungement lawyer may be able to help. Contact Keys Criminal Defense, PLLC today to learn more about how we could help you.
If you successfully apply for and receive an expungement of your criminal case records, the relevant state agency will physically and permanently destroy all records related to your case. While the Florida Department of Law Enforcement does retain some basic data about the charges, the public cannot access that data under any circumstances, and state authorities can only access it if they first obtain a court order.
Another similar but distinct option for people looking to restrict access to certain criminal records is getting their records sealed. This would prohibit public access through methods such as background checks, while still allowing access from certain government authorities. As one of our Key West attorneys can further explain, expungement is much more comprehensive and permanent, but not everyone eligible to have records sealed is also eligible to have them expunged.
Florida Statutes § 943.0585 explains the qualifying conditions for expungement. In brief, expungement is typically reserved for those arrested but never indicted or those who had their charge dismissed or “nolled” by the court. Additionally, if you obtained an acquittal at trial by a judge or jury, you may qualify for an expungement. Having charges removed from your record is also available under specific circumstances.
Notably, you can only get one criminal record expunged or sealed for your entire lifetime, and you cannot get records expunged if convicted of any criminal offense in the past. Furthermore, Fla. Stat. § 943.0584 lists several specific offenses, most of which involve violent or sexual misconduct, that are ineligible for expungement regardless of whether you were found not guilty or had the charges dropped. During an initial consultation, a Key West attorney from our firm could examine your record to determine whether you are eligible for expungement.
Expungement can be a great way to prevent the record of an unfortunate arrest that did not lead to a criminal conviction from interfering with your life. However, there are strict limitations on how and when you can apply for expungement, as well as numerous procedural rules you must follow for your petition to have a favorable outcome.
Navigating the legal system and obtaining the positive result you wish for is easier to achieve with a knowledgeable Key West expungement lawyer from our firm on your side. Contact our team at Keys Criminal Defense, PLLC today to learn more.
