Five Ways to Wipe the Slate Clean in Florida
A criminal record is the equivalent of a brand, at least in many cases. The problem is widespread. Seventy-eight million Americans have at least one criminal conviction on their permanent records. These individuals aren’t the only people who pay for these records, mostly in terms of lost opportunities. Criminal convictions cost the economy over $300 billion a year.
For a Tampa criminal defense lawyer, the ultimate goal in all cases is to avoid a criminal conviction. Sometimes, avoiding a conviction means participation in a pretrial or drug diversion program, or serving a few months of deferred disposition probation. Florida criminal defendants have several other options as well. We’ll break them down below.
Court-Ordered Sealing/Expungement
Before we get started, let’s define some key terms. Sealed criminal records aren’t visible to the general public. Only a few state agencies, mostly judicial and law enforcement agencies, can view sealed convictions. Expungement quite literally wipes the slate clean. The conviction disappears and it’s a crime to bring it up.
Court-ordered expungement/sealing is a two-step process. First, the Florida Department of Law Enforcement must issue a certificate of eligibility. A Tampa criminal defense lawyer can review your case and determine if you’re eligible for such a certificate.
Next, the judge must grant a petition to seal or expunge the conviction. Judges normally grant these petitions if the probation officer and prosecutor both agree to that petition, or at least if they agree not to disagree with it.
Juvenile Diversion Expungement
We mentioned pretrial diversion programs above. Certain juvenile diversion programs automatically expunge or seal records. Most juveniles are eligible for such programs, unless they allegedly committed a forcible felony or a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon.
Contrary to popular myth, courts don’t automatically seal or expunge juvenile records when former defendants turn 18.
Early Juvenile Expungement
All people between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his/her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding five years.
Lawful Self-Defense Expungement
Self-defense is often an effective trial defense to assault and other such charges. If the defense is unusually strong, it may lead to record expungement.
Any person may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charge(s) were not filed on, or were dismissed by the state attorney or the court.
Automatic Sealing
The criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes. A list of disqualifying offenses can be found in Section 943.0595(2)(a), Florida Statutes.
Rely on a Tough-Minded 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. Virtual, home, and jail visits are available.
Source:
allianceforsafetyandjustice.org/wp-content/uploads/2021/09/Convictions-Brief.pdf
