Expungement in Florida: What You Should Know
Expungement in Florida, a legal process that literally erases conviction records or at least conceals them from public view, helps individuals move forward without the long-term consequences usually associated with criminal convictions. The unemployment rate is one example. The convicted felon employment rate is roughly 27 percent, which is about five times higher than the overall unemployment rate.
A Tampa criminal defense lawyer continues advocating for defendants after they serve their sentences or their cases are otherwise resolved. Usually, a criminal conviction isn’t a life sentence. If the effects of a criminal conviction linger after discharge, then the punishment doesn’t fit the crime. A Florida criminal defense lawyer also advocates for broader expungement laws that would allow more defendants to move on with their lives.
Eligibility Issues
Florida Statute Section 943 of the Florida statutes outlines the expungement and sealing process, including the basic eligibility requirements
Once again, we emphasize that when a record is sealed, it still exists but is hidden from public access. When a record is expunged, the physical and electronic records are destroyed by most criminal justice agencies, with limited exceptions for certain government entities.
The law sets out three basic expungement requirements. First, the record must contain no adjudication of guilt for the offense to be expunged. Possible scenarios include a pretrial dismissal due to lack of evidence, a not-guilty trial verdict, or an appellate reversal. Second, the individual must not have any prior convictions, including adjudications of guilt for unrelated offenses. Third, expungement is a once-in-a-lifetime proposition, unless the expungement involves a lawful arrest that resulted in no charges.
Additionally, many serious offenses are not eligible for expungement or sealing, even if adjudication was withheld. These include crimes such as sexual battery, child abuse, kidnapping, homicide, and certain violent or sexual offenses.
If the defendant is ineligible for expungement, the defendant may be eligible for an executive pardon. Granted, an executive pardon request is a Hail Mary pass. But a Hail Mary pass sometimes results in a touchdown.
Expungement Process
The expungement process begins with applying for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This application requires fingerprints, a certified disposition of the case, and approval from the State Attorney or prosecutor who handled the case. Once the certificate is issued, a Tampa criminal defense lawyer files a petition for expungement with the appropriate court. A judge then reviews the petition and has discretion to grant or deny it.
Usually, the judge grants the petition if it’s in the best interests of society and the best interests of the defendant. Since the probation officer and prosecutor effectively represent society, if one or both agree to the petition, expungement is presumably in the best interests of society. Usually, the best interests of the defendant must cite a specific harm, as opposed to a general “criminal convictions suck” statement.
If expungement is granted, most criminal justice agencies must destroy the records related to the case. However, certain entities, such as law enforcement agencies, courts, and some licensing boards, retain confidential access to the expunged record. Additionally, expungement does not restore rights lost due to other convictions.
Despite these drawbacks, if criminal record expungement is an option, it’s almost always the best course of action.
Rely on a Diligent Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.
Source:
prisonpolicy.org/reports/outofwork.html
