Expungement Attorneys in Orlando
Helping Clients Face the Future With Confidence
If you have been convicted of criminal charges, you may find it hard to find specific types of employment, enlist in the military, obtain housing, or even enroll in the college of your choice. Nevertheless, Florida law does allow certain criminal records to be expunged, depending on the circumstances of the case.
However, the laws that guide expunging a record can be overly confusing and challenging to understand without the help of an attorney. For example, a substantial amount of legal paperwork must be filled out to begin the expungement process, which can be difficult without the help of an attorney.
The Defense Group of Orlando, FL, is a criminal defense law firm with vast experience helping clients with expungements. When you come to us for help, we will evaluate your case and determine the available legal options.
Who is Eligible to Have a Criminal Record Expunged?
It should be noted that not all criminal records in Florida are eligible for expunction. Several eligibility requirements must be met, which include:
- No prior sealing or expungement in Florida or any other state.
- No other current petitions are pending before the court.
- The applicant is not facing current criminal charges.
- No prior adjudications of delinquency in juvenile cases where a minor would have been charged with a felony for a criminal offense had they been an adult.
- Applicants must have completed the terms of their sentence agreement.
It should be noted that anyone who may qualify must adhere to Florida’s mandatory waiting period. On average, it takes individuals roughly 9 months to have their record expunged. Individuals who are seeking expungement must go through the lengthy process of obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
Most individuals are uncertain whether or not their case may be eligible for expunction. For further clarification on whether your case meets the legal criteria to be expunged, contact The Defense Group to schedule a free, confidential consultation so that we may review your case and determine your eligibility.
What is the Difference Between Expunged and Sealed Records?
Many individuals mistakenly believe that the terms “expunged” and “sealed” are synonymous with one another. However, Florida law is clear regarding the differences between a record being expunged or sealed.
Expunged Records
Expungement is the court-ordered physical destruction of a record by any criminal justice agency that may have access to it. When a record is expunged, it is completely removed from all databases that contain criminal information.
Sealed Records
Unlike an expungement, when a court orders that a record be sealed, it is not physically destroyed but hidden from public view. However, the record is preserved to be accessible to individuals, such as law enforcement officials, who have a legal right or need to access information regarding the case.
In many instances, individuals who are not eligible to have their records expunged may be able to have them sealed as a suitable alternative.
If you are not sure whether your case qualifies for expungement or sealing, contact our Orlando law office and ask to speak with a qualified legal team member who will gladly answer your questions.
Can Felonies Be Expunged in Florida?
Florida law dictates that individuals convicted of a felony are ineligible to have their criminal record expunged or sealed. However, with any criminal case, there may be exceptions, such as for first-time drug offenses where a defendant completed a drug court program.
For other cases that involve first-time offenders who were not found guilty, they may also be eligible to have their records expunged. Therefore, anyone who has been convicted of a felony offense in Florida who is unsure regarding their eligibility should always speak with a knowledgeable attorney.
Depending on the issues involved in the case, some individuals who do not qualify for expunction may be eligible to have their records sealed. Only an attorney has the necessary legal training to review the case and determine what legal options may apply.
One of the easiest ways to determine your eligibility is to schedule a meeting with one of the qualified lawyers from the Defense Group. Our lawyers have an average of 30 years of legal experience and have the qualifications to determine if your case is eligible for an expunction.
Why Should I Choose Your Law Firm to Help Me Expunge My Criminal Record?
If you are concerned about the negative impacts that result from a criminal record, it is in your best interest to hire an attorney to determine if your case qualifies for expunction. Our dedicated legal team will assist you with all of the necessary paperwork that must be filed with the FDLE.
If you are able to obtain your certificate, the State’s Attorney’s office may still object to the expunction. If the state attorney objects, then it is necessary to go to court and have your attorney present legal arguments as to why your case should be expunged.
One of the advantages of hiring The Defense Group is that our legal professionals are former prosecutors who understand the legal steps needed to have a record expunged. Because of our training and experience working as prosecutors, our attorneys have an inside track into why the state attorney’s office may choose to initially deny a petition for expungement.
Our lawyers have a proven record of helping individuals clear their name and face the future with confidence when they complete job applications or other forms that inquire about criminal histories.
Contact our Orlando, FL, law offices at 407-743-8430 and ask to schedule a free, confidential consultation to learn more about our legal services and how we may be able to assist you with your needs.