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If you have a criminal record, you may encounter issues with getting a job, a loan or many other issues when a background check is necessary. If you have had a conviction or arrest on your record you can file a petition to Expunge those records and if you achieve it, your criminal record will be sealed and it will not be possible for the general public to have access to this information.

Difference Between Having Your Records Sealed or Expunged:

According to the Florida Statute 943.045 (16): expunction of a criminal history record means the court-ordered physical destruction or obliteration of a record by any criminal justice agency that has this record in their possession.

Florida Statute 943.045 (19): sealing of a criminal record means preserving the record under circumstances that is secure and inaccessible to any person not have the legal right to access the record of the information contained inside.

You would need to know whether you qualify or not to have your records sealed or expunged. There are some requirements that need to be met.

  • Your case must be closed
  • If you had your record sealed or expunged in the past, you can’t do it a second time
  • If you pleaded guilty or are found guilty of a crime, you do not qualify for expungement

Getting your criminal record sealed or expunged is a very complex and thorough process, no matter the type of record you may have. It is important for you to seek legal advice from a criminal law attorney to help you determine if you qualify and what you need to do to start the process. Contact us, our consultations are free of cost!

Citation Nation

Sources:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.045.html

https://legalbeagle.com/5547655-erase-criminal-history.html