Call Us Today: 863.709.0808
For those who are eligible for sealing or expungement of your criminal record, it is important to know that failing to pursue this privilege will leave your criminal record for anyone doing background checks to see. This can unnecessarily present a who host of obstacles in your life moving forward.
Under Florida Statute 943.059, when you successfully have your criminal record sealed, while the criminal record is preserved, it is inaccessible to the public. Once your criminal record is sealed only people that have a legal right to your arrest record can access it.
When your criminal record for a specific criminal case is approved for expungement, the court orders the destruction of the criminal record. Only the Florida Department of Law Enforcement keeps and has access to your criminal record following the expungement.
Not everyone is eligible to have his or her criminal record sealed or expunged. There are specific criminal offenses which if convicted of will disqualify an individual from eligibility for criminal record sealing and expunging such as, aggravated assault or battery, arson, homicide, sexual crimes, or child abuse, just to name a few.
It is also important to note that while having a criminal record successfully sealed or expunged ensures your arrest or criminal history is withheld from the public, under special circumstances, if you are accused of another related crime, the courts may be able to reference your prior criminal history as a pattern of criminal behavior.
If you are seeking to have your criminal record sealed or expunged, you need an attorney on your side who is knowledgeable of the law and experienced. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.
Medical Marijuana Cards
By Attorney, Ricardo Alvarez
Podcast Video
with Attorney, Ricardo Alvarez
ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
ATTORNEY, RICARDO ALVAREZ
BIOGRAPHY
Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.
Attorney, Ricardo Alvarez handles local, state and federal criminal cases.
Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.
Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.
RICARDO ALVAREZ - BIOGRAPHY › › ›
CRIMINAL LAW
AREAS OF LEGAL PRACTICE
Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense
CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›
In Florida, sealing and expunging a criminal record are two distinct processes, each with its own implications. Sealing a record means that it is hidden from public view but can still be accessed by certain entities like law enforcement and the courts. Expunging a record, on the other hand, means that it is entirely erased, even from law enforcement databases. To be eligible for sealing, one must meet specific criteria, including having no prior sealing or expungement, and the charge must not be one of the disqualifying offenses listed in Florida statutes. Expungement is even more limited, typically reserved for cases where charges were dropped or the person was found not guilty. It's important to note that even sealed or expunged records can still be accessed in certain situations, such as when applying for certain jobs or positions, so it's crucial to consult with an attorney to determine the best course of action for your specific case.
In Florida, if you have been convicted of a crime, you generally cannot have your criminal record sealed or expunged. Sealing and expungement are typically reserved for individuals who meet specific eligibility criteria and have not been convicted. However, there are some limited exceptions, such as if you received a withhold of adjudication for a misdemeanor, which means you were not formally convicted, or if you were a youthful offender. These exceptions can vary depending on the circumstances and the specific laws in Florida at the time of your case. It's essential to consult with an experienced attorney who can assess your situation and provide guidance on whether sealing or expunging your record is a viable option for you.
In Florida, certain offenses can be eligible for sealing or expungement under specific conditions. Generally, eligible offenses include many non-violent misdemeanors and some felonies that did not result in a conviction. Some common examples of offenses that may be eligible include certain types of theft, drug possession, and minor traffic offenses. However, serious crimes such as sexual offenses, violent crimes, and certain repeat offenses typically cannot be sealed or expunged. To determine eligibility, it's crucial to consult with an attorney who can review your specific case, assess the charges, and advise you on whether sealing or expunging your record is a viable option. Additionally, there are waiting periods and other requirements that must be met before pursuing this process.
The timeline for sealing or expunging a criminal record in Florida can vary depending on several factors. On average, the process takes several months to over a year. It typically involves multiple steps, including gathering necessary documents, obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), filing a petition with the court, and attending a court hearing if required. The processing time by the FDLE, the workload of the court, and the complexity of your case can all influence the duration. Additionally, some delays may occur if there are any errors or omissions in your application. To ensure a smoother and quicker process, it's advisable to work with an experienced attorney who can guide you through the requirements and navigate potential hurdles.
Sealing or expunging a criminal record in Florida can offer several significant benefits. First and foremost, it can provide individuals with a fresh start by making their past criminal record inaccessible to the public and most employers during background checks. This can improve employment prospects, making it easier to secure jobs and advance in one's career. Additionally, it can help with housing applications and educational opportunities, as many institutions also perform background checks. Sealing or expunging a record can also reduce the stigma associated with a criminal past and enhance one's personal and professional reputation. Overall, it allows individuals to move forward in life without the burden of their past mistakes hindering their progress. However, it's essential to understand that not all offenses are eligible for sealing or expungement, and certain entities, such as law enforcement agencies and some government organizations, may still have access to sealed records in specific circumstances.
In the State of Florida, there is typically a limit to how many criminal records an individual can have sealed or expunged. Generally, an individual is allowed to seal or expunge only one criminal record during their lifetime. This means that if you have already sealed or expunged a record in the past, you may not be eligible to do so again. However, it's important to note that eligibility and specific rules may vary based on the circumstances of each case, the nature of the offenses, and changes in the law. It's crucial to consult with an experienced attorney who can assess your situation and provide guidance on whether you meet the criteria for sealing or expunging a criminal record in Florida.
In the State of Florida, even after a criminal record has been sealed or expunged, there are still certain individuals and agencies that may have limited access to these records. Law enforcement agencies, criminal justice agencies, and some government entities can still access sealed records for specific purposes like background checks for law enforcement or government employment. Additionally, certain licensing boards and organizations related to the profession you are pursuing may have access to your sealed record. However, for most employers and members of the public, a sealed or expunged record should not appear in background checks or public records searches.
If you want to start the process of sealing or expunging your criminal record in Florida, here are the general steps to follow. First, determine if you are eligible for sealing or expungement by reviewing the eligibility criteria outlined by the Florida Department of Law Enforcement (FDLE). Next, obtain a complete set of your fingerprints and a background check from your local law enforcement agency. Then, fill out the necessary application form provided by the FDLE, and include a certified copy of your final disposition or court order. Pay the required fees for processing the application, and send it to the FDLE for review. Once your application is approved, the FDLE will issue a Certificate of Eligibility, which you will need to submit to the court where your case was adjudicated. Consult with an attorney experienced in the sealing and expungement process to guide you through the specific requirements and ensure your application is correctly prepared and submitted.
Yes, in the State of Florida, if you have previously been denied an attempt to have your criminal record sealed or expunged, you can appeal the decision or try again at a later date. The denial does not necessarily mean that you are permanently ineligible; it may be due to various factors, such as errors in the application or missing documentation. You can appeal the denial or reapply once you address the specific issues that led to the initial rejection. It's advisable to consult with an attorney experienced in sealing and expungement to help you understand the reasons for the denial and guide you through the process of appealing or reapplying to improve your chances of success.
6700 Florida Ave S, Lakeland, FL 33813
Phone: 863.709.0808
Home • Attorney, Ricardo Alvarez - Biography
Criminal Defense • DUI Defense • Contact Us
Copyright Image Credits
Website Design: Tiger Prey Media