As a criminal defense attorney in Fort Lauderdale, I oftentimes receive inquiries regarding whether a consumer is eligible to seal or expunge their criminal record. I created this “cheat sheet” for my clients to know the advantages of sealing or expunging a criminal record and the normal reasons for the denial.
Benefits
Because of the economic downturn, the unemployment rate in the United States is hovering around 9%-10%. As a result, employers can be quite particular with their new hires and may preclude hiring an individual with any criminal record. Worse yet, with advances in technology, employers can inexpensively uncover your criminal history from anywhere in the United States without any time limitations.
In many situations including expungement-law you could legally deny that you had been ever arrested for the crime you had sealed or expunged. Think of the worthiness of not having to inform an employer of your youthful indiscretion or poor-behavior that’s currently leaving an indelible mark on your resume. The cost-benefit of spending a couple of hundred dollars to hire an attorney to seal or expunge your record could potentially net you thousands of dollars in the future. Please note, in Florida, it takes approximately 6-7 months for a Court to expunge your record. As a result, be proactive – do not wait until you are applying for a fresh job before petitioning the Court to expunge your case.
Common Reasons for Denial
I receive lots of telephone calls a year from individuals have been improperly advised by their previous criminal defense attorney that they may seal their record of the arrest. I am always amazed when criminal defense attorneys misstate what the law states on sealing as the Florida Department of Law Enforcement provide a detailed explanation on their website that crimes are ineligible to be sealed or expunged.
Definitely, the most common inquiry I received concerns the criminal offense of Driving While Underneath the Influence. In the State of Florida, anybody who accepts a plea to Driving While Underneath the Influence receives an Adjudication of Guilt. Someone cannot be given a Withhold of Adjudication to Driving While Underneath the Influence unless the State Attorney changes the charge to Reckless Driving. Regulations are clear that an individual CANNOT seal or expunge their record if they’ve ever been ADJUDICATED guilty of any criminal offense, including Driving While Underneath the Influence or Driving While License Suspended.
The next most common inquiry concerns individuals have been improperly advised by their previous criminal defense attorney that they may always seal the record of their arrest if they received a WITHHOLD of ADJUDICATION to the charge. Again, I think about this legal malpractice considering the Florida Department of Law Enforcement’s website specifically enumerates which crimes are ineligible to be sealed, whether adjudication of guilt was withheld. Of note, all of the ineligible offenses are listed in Fla. Stat. 907.041.
Criminal defense attorneys frequently misrepresent that these crimes may be sealed if the client received a withhold of adjudication: (1) Burglary of a Dwelling; (2) Any act of domestic violence; and (3) Stalking. These charges can’t be sealed even if the charge is a misdemeanor and you received a withhold of adjudication. Additionally, an individual can only seal or expunge their record on ONE occasion. Someone cannot seal a charge in 2010 and expect you’ll seal another charge in 2011.
Although you do not need an attorney to petition the Court to seal or expunge your criminal record, it’s my recommendation to hire a skilled criminal defense attorney to take care of this matter for you. Most attorneys in Florida will charge anywhere between $500.00 – $1,000.00 with this service. As making sure you correctly seal or expunge your criminal record could possibly be among the most important decisions you make in your lifetime, it’s beneficial to ensure it is completed properly.
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