- The Law Offices of Russo & Russo, P. A. - Pinellas Criminal Defense Weblog

Focusing on the Pill Problem in Pinellas

Billboards Proclaim Anti –Prescription Drug Abuse Message

On April 1st, 2012, motorists began seeing an unusual billboard that had been erected on heavily traveled Sunset Pointe Road in Clearwater. The bold mission statement was paid for by local coalition groups who have partnered with Pinellas county authorities. Those responsible for the billboard include local law enforcement, various governmental agencies and substance abuse counseling providers. Additional billboards are slated for other parts of the county, with the next one scheduled to appear on Gandy Boulevard. This unique billboard advertising campaign is aimed at increasing public awareness to the problems of doctor shopping, prescription fraud and pain pill addiction. It follows Florida’s recent implementation of the prescription drug monitoring database.

A Continued Moratorium on New Pain Clinics

On April 24th 2012, County commissioners set a public hearing date for May 8th to extend the moratorium on new pain clinics. This was not the first extension of the local legislation and probably won’t be the last. Commissioners have been quite vocal about their desire to continue the prohibition until the Florida state legislature acts to  toughen the laws associated with new pain clinic licensing. Efforts by Pinellas county commissioners have already resulted in a decline of so called “pill mills.” The Tampa bay area went from approximately seventy last year, to what was last reported by Sheriff Bob Gualtieri to now be about twenty. The old local ordinance  covered more ground then simply prohibiting new pain clinics from opening up shop. It also mandated the registration of “high prescribing” clinics. These were defined as clinics that issue more than thirty-four pain related prescriptions in a single day. The newly proposed ordinance will require special registration by existing clinics that write more than just twenty prescriptions. This high prescriber ordinance is designed to help the Department of Health discover which physicians are writing an excessive number of narcotic prescriptions.

Operation Medicine Cabinet

On April 30th 2012 the Pinellas County Sheriff’s Department conducted its fifth installment of “Operation Medicine Cabinet.” Cooperating law enforcement agencies that participated in this community based highly organized activity included the:

• St. Petersburg Police Department
• Clearwater Police Department
• Pinellas Park Police Department
• Largo Police Department
• St. Pete Beach Police Department
• Treasure Island Police Department
• Gulfport Police Department
• Tarpon Springs Police Department

Residents of these communities were given the opportunity to participate in the “DEA’s National Take-Back Day” by dropping off their unused prescription medications at one of fourteen locations throughout the county. Within only a four hour period, local law enforcement collected in excess of 700 pounds of prescription medication. All told, 4,268 police agencies nation-wide participated in this initiative which has resulted to date, in the removal of over 1.5 million pounds of medication from public circulation.

Help for a Pill Problem in Pinellas County

1. Arrested for prescription fraud, felony possession, sale or the  trafficking of prescription drugs? Your first step is to educate yourself about your possible options. The best place to do that, is at a website dedicated solely to this topic: www.floridaprescriptionfraud.com 

2. Have you heard about Pinellas County’s “Drug Court”?  You can learn more about how participants in this specialized courtroom avoid becoming convicted felons. Watch an informative video at:  http://www.defensehelp.com/felony-criminal-charges-lawyer/pinellas-county-drug-court 

3. Accused of doctor shopping and don’t know what to do next? This video can help: http://www.defensehelp.com/felony-criminal-charges-lawyer/doctor-shopping 

4. Do you think there may be an outstanding warrant for your arrest? Watch this video to confirm if a warrant does exist and if so, what you can do about it: http://www.defensehelp.com/solutions-defenses-criminal-charge/Pinellas-County-arrest-warrant 

5.  For both outpatient and inpatient prescription pill addiction counseling programs you can contact Operation PAR at: 1-888-727-6398 or visit: http://operationpar.org/

6. To locate a meetings for Narcotics Anonymous in your area, visit: http://portaltools.na.org/portaltools/MeetingLoc/

We Can Help With Your Prescription Drug Charge

A Defense Team of Former State Prosecutors
Free Consultation - (727) 578-0303

Discuss Your Options & Possible Solutions

Criminal Defense: www.defensehelp.com
DUI Defense: www.duistpetersburglawyer.com

Related Links:
Pinellas Defense Attorneys Reveal Illegal Police Tactics in Doctor Shopping & Prescription Fraud Investigations
Florida Prescription Database Heats up to Uncover Doctor Shopping & Prescription Fraud
The Florida Prescription Drug Database…Now Online
Drug Trafficking in Florida…A Crime You Thought You Understood

Understanding Drug Trafficking

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Colleges Get Smart About Applicants’ Criminal Arrest Records

Why Have They Started This Practice?

The baby boomer generation is responsible for today's record number of college age applicants. As a result, admission into universities has become more competitive than at any other time in history. The highly selective admission process has become even more challenging, as colleges and universities have begun running criminal background checks on their applicant pools.  

The idea of doing criminal history checks at the admissions level has been gaining increased popularity in light of the Virginia Tech tragedy and the recent death of a star player for the University of Virginia Women's Lacrosse team who was allegedly murdered by a classmate. Other incidents adding fuel to the fire include a murder committed by a student at the University of North Carolina and a University of Florida student who was shot by campus police during a standoff  involving a metal pipe and knife.

A Momentary Lapse of Good Judgment

The practice of requiring criminal background checks on students is not without controversy. Many admissions officials have no way of distinguishing between students who present a true threat from those students who may have simply done something stupid when they were young and naive.  Nevertheless, from the standpoint of an admissions counselor, "accepting a student with a criminal record is an unnecessary risk when so many applicants come to us with a 'clean slate.'" Thus, having a criminal record is likely to greatly increase an applicant's chance at being denied admission. 

In a recent survey conducted by the American Association of Collegiate Registrars and Admissions Officers , sixty-six percent of responding institutions reported having methods designed to discover criminal justice information about students. Private and four-year institutions were more likely than public or two-year institutions to conduct some kind of screening for criminal history.

Other New Technologies to Identify Problem Students

Criminal background checks are not the only way colleges are utilizing new technologies to spot problem students. There is an increased temptation to cheat in this age of cell phones and Internet access. As a result, universities have been taking drastic measures to reduce academic dishonesty facilitated through high tech devices.

The University of Central Florida is pioneering the use of video and computer surveillance to catch students who attempt to cheat during exams. A secure testing site is designed to record student's real-time work at a computer. If a student's behavior raises suspicions, a proctor can direct an overhead camera to zoom in over the student's shoulder. The images are then burned onto a CD for evidence that can be more closely reviewed at a later time.

At UCF, the increased security seems to be working. Cheating has dropped significantly, to just 14 suspected incidents out of 64,000 exams administered during the past spring semester. However, critics worry that universities are creating  adversarial learning environments where all students are presumed guilty, starting with that first criminal background check during the admissions process.

Record Sealing & Expungement Prevents Access to Criminal Records
-- Put Your College Application on an Even Playing Field --

Students should not let a momentary lapse of good judgment stand in the way of their college application or obtaining a scholarship. Except in a few narrow circumstances, Florida law permits a person who successfully seals or expunges a criminal record to lawfully deny that he was ever arrested or charged with a criminal offense. In addition, sealed or expunged records are no longer accessible to college admissions officers, employers, licensing authorities, or the general public. 

Having a record sealed or expunged results in the removal of all information pertaining to an arrest and prosecution, including those records held by the:

• Federal Bureau of Investigation (NCIC);
• Florida Department of Law Enforcement (FCIC);
• Online Consolidated Justice Information System (CJIS);
• Pinellas County Clerk of Court;
• Pinellas County Sheriff's Office; and
• The Law Enforcement Agency that Arrested You

The official court order sealing a criminal record likewise directs any other agencies to whom information regarding the arrest was disseminated to remove them from public view.  Accordingly, a university that conducts an official background check on an applicant with a criminal past would be told that no record of arrest exists.

Learn more on the subject of sealing and expunging your Pinellas county criminal records by watching our video.

 

You can also read more details about the remedy of sealing or expunging your criminal history record at our website.

 

 

Our law office has significant experience in sealing and expunging Pinellas County criminal records. If you have been previously arrested or charged with a criminal within Pinellas county we can help. We can often determine your eligibility to have your record sealed or expunged right over the phone.

Visit: www.defensehelp.com for possible solutions to criminal charges.

Related Links:

Obtaining Copies of Your Criminal Records

Avoiding Post Arrest Publicity

Avoiding a Formal Conviction

 

Technorati Tags: sealing,expungement,pinellas county,criminal records,criminal history,hiding record of arrest,student,college,applications

Recession motivates record number to have lawyers seal or expunge their criminal records

In order to keep the costly blemish of a criminal history out of the sight of potential employers, a record number of Floridians have had their criminal records sealed or expunged. The rush to hide police and court records seems to have taken root with the beginning of the current recession. In 2008, over 14,000 Floridians were successful in sealing or expunging their criminal records. This number represents a two-fold increase from 2007, demonstrating the growing awareness that a criminal history can be a huge impediment to new employment opportunities.

Hiding past mistakes from future employers

In today’s economic climate, employers have the privilege of choosing from scores of qualified applicants when hiring new personnel. With a record statewide unemployment rate of 11.5%, Florida is home to many job seekers who are eager to set themselves apart from the crowd. However, those with a criminal record face an undesirable distinction that can prevent them from finding work in such a competitive marketplace. In our prior blog article, “Seal or Expunge Your Pinellas County Criminal Record & Land that New Job,” we explained how easy it is for employers to glean the criminal histories of job applicants from convenient public electronic databases that provide access to court records. In another blog article, “The Sealing & Expungement of Pinellas County Criminal Records,” we described how Florida Statute sections 943.0585 and 943.059 determine your eligibility for a sealing or expunction, and the enormous benefits that come from these remedies referenced in Rule 3.692 Florida Rules of Criminal Procedure.

Learn more on the subject of sealing and expunging your Pinellas county criminal records by watching our video.

 

You can read more details about the remedy of sealing or expunging your criminal history record at our website.

An attorney can help cut through the red tape

Because of past abuses by the courts, the Florida legislature enacted laws that now make the process of petitioning to seal or expunge a Pinellas County criminal record a multi-task endeavor:

1. Your attorney must secure a “certificate of eligibility’ from the Florida Department of Law Enforcement;

2. Rule 3.989 Florida Rules of Criminal Procedure requires the client to sign an affidavit prepared by his attorney;

3. A separate Petition to Seal or Expunge is filed with the Clerk of Court and later reviewed by Pinellas County’s Chief Circuit court judge;

4. Copies of all legal pleadings are served upon the Pinellas County State Attorney’s Office who is charged with the duty of reviewing the documents for accuracy and eligibility.

5. The criminal defense attorney is ultimately required to prepare in proper form a court order that directs all agencies having information about the criminal case to either seal or expunge their records;

6. Your attorney can thereafter direct the Pinellas County Clerk of Court to forward certified copies of the judge’s order to all appropriate governmental and law enforcement agencies.

Our law office has significant experience in sealing and expunging Pinellas County criminal records. If you have been previously arrested or charged with a criminal offense arising out of Clearwater / St. Petersburg, or other area within Pinellas county we can help.

Contact our office at (727) 578-0303

We can often determine your eligibility to have your record sealed or expunged right over the phone.

Visit: www.defensehelp.com for possible solutions to criminal charges.

Visit: www.duistpetersburglawyer.com for information related to a Pinellas county DUI charge & your driving privilege.

 

Related Links:

Obtaining Copies of Your Criminal Records

Avoiding Post Arrest Publicity

Avoiding a Formal Conviction

Restoring Your Civil Rights

St. Pete Times Not Happy With Their Inability to Access Criminal Records

Technorati Tags: sealing,expungement,pinellas county,criminal records,criminal history,hiding record of arrest

Removing Your Information from Florida's DNA Database After a Pinellas County Felony Arrest

The State of Florida has collected DNA in felony cases following “conviction” for the better part of this decade. At first, Florida law only allowed the collection of DNA when a person was convicted of certain felony offenses. These were limited to crimes of sexual battery, lewdness, murder, aggravated assault, burglary, carjacking, and home-invasion robbery. See Florida Statutes ss. 943.325 (2000). However, beginning in 2001, Florida law specified that the collection of DNA would be expanded each year so that it would include more and more felony offenses.  Ultimately, this culminated in 2008 with the collection of a DNA sample from each and every person who enters a plea of “guilty” or “no contest” or is convicted of any felony offense, regardless of whether adjudication is withheld. See Florida Statutes ss. 943.325(1)(b); (10)(d) (2008).

Expanded DNA Database Collection Law Goes Into Effect

The Florida Legislature has now expanded the collection of DNA even further by passing an amendment to Florida Statute ss. 943.325.  These changes went into effect as of July 1, 2009.  Under the expanded law, a person is now required to submit a DNA sample for collection and indexing in Florida’s DNA database simply upon being arrested for a felony offense. Apparently, the presumption of innocence and right to a jury trial no longer applies to the State when it seeks to collect DNA.

Obviously, such a broad law creates genuine concern about the labeling and inclusion of potentially innocent people in a DNA database created and maintained by the government.  The legal standard for law enforcement to make an arrest is defined as merely “probable cause.” This threshold is very low and allows the police to make an arrest any time they find there is a reasonable probability that a person committed a crime.  On the other hand, the legal standard for a person to be convicted at a trial is “beyond a reasonable doubt.” This is the highest standard of proof that exists in the law. It requires that the State prove beyond each and every single reasonable doubt that a person committed a crime.  As criminal defense attorneys, our office is in a better position than most to know and understand that not every felony arrest leads to charges being formally filed by the State Attorney’s Office. In other words, just because an individual is arrested, does not mean the prosecutor has to file a formal charge. Likewise, an arrest doesn’t necessarily mean that the prosecutor will later be able to prove the case beyond a reasonable doubt.

If your felony charge was later dropped, reduced to a misdemeanor, dismissed or if you were found not guilty after a trial, it seems inherently unfair to brand you with a felony DNA database classification. 

There are legal remedies available to safeguard your reputation:

• Where appropriate, we can intervene with the prosecutor and seek to have the charges dropped.  Intervening shortly after arrest and presenting your side of the story can be effective in persuading the State to file a lesser charge (a misdemeanor), or not to file charges at all. This action could set you up to have your lawyer then petition the Florida Department of Law Enforcement under Florida Statutes ss. 943.325(16) to have your name and DNA removed from the database. The Florida Department of Law Enforcement is required to remove the DNA information when it can be demonstrated through official court documents that the felony arrest was without merit. Note that this action is not automatic. To have your information removed from the DNA Database it is imperative you timely contact a lawyer who can prepare the necessary legal documents that will force the FDLE to delete the information from their records.
  
• In the event that the case has been dropped, dismissed, or you were acquitted, we can also move to seal or expunge your criminal record.  Such action effectively prevents any member of the public from ever learning that you were arrested or charged with a crime.  Furthermore, it allows you to truthfully deny the entire incident ever even happened.

The very idea of a DNA database controlled and maintained by the government for its own purposes lends itself to serious privacy concerns about “Big Brother" government.  However, the very real danger that thousands of over-charged or innocent people could have their DNA collected, cataloged and stored is even more distressing. Fortunately, there is a provision to have the information removed… but that remedy is dependent on having a lawyer who can help you get the right result first.

If you have been arrested in St. Petersburg, Clearwater, or other area of Pinellas County, call on our office for help. Obviously, getting immediate legal counsel is not only important for dealing with the pressing concerns of your criminal case, but also the long term stigma associated with having your name and DNA in Florida’s database.

We offer free consultations that are focused on creating an effective legal strategy to achieve the best possible outcome.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Call 24 Hours: (727) 578-0303

Visit our Web site at: www.defensehelp.com to learn of other ways that we can help.

Links for further reading:

• F.B.I. and States Vastly Expand DNA Databases
• Creative DNA Collection Raises Ethical Questions
• Compulsory DNA Collection: A Fourth Amendment Analysis
• Federal Court Upholds Constitutionality of Mandatory DNA Collection of All Individuals Arrested on Federal Felony Charges

Technorati Tags: Florida's DNA database,DNA collection,Felony Arrests,Florida Criminal Law,Removal from DNA database,privacy rights,criminal defense attorneys,felony charges

The Sealing & Expungement of Pinellas County Criminal Records

A criminal record can be a significant obstacle to pursuing your life’s ambitions. Opportunities for education and employment can often hinge on the results of a criminal background check. As we previously explained in “Seal or Expunge Your Pinellas County Criminal Record & Land that New Job,” criminal records in Pinellas County are “public records,” easily accessed through the Pinellas County Clerk of Court or the Consolidated Justice Information Center.

In order to prevent your arrest record from being easily discovered and accessed, it is well worth the effort to have an attorney investigate your eligibility to have your criminal records sealed or expunged in accordance with Florida Statute section 943.0585. Your eligibility will be based a variety of factors, including;

• The nature of the criminal offense (A few offenses are prohibited by statute from sealing or expungement)
• Whether you were convicted of the offense or received a “no information” “withholding of adjudication,” “dismissal” or “acquittal” of the charge
• Whether you have previously had a sealing or expungement

Little known Facts Concerning Florida Sealing & Expungement

• If you were unfairly arrested, but never convicted of a crime, your criminal history record will nevertheless still reflect your arrest. Only a sealing or expungement can correct this inequity;
  
• Only a limited category of “juvenile” records are subject to an abbreviated retention period and benefit from an “automatic” expungement in Florida;
  
• Although a previous sealing or expungement from another statue could render you ineligible for the same remedy in Florida, if that prior action took place through the operation of law (i.e. not petitioned for but automatically granted by the Court), it will not effect your eligibility for a second sealing or expungement in Florida;
  
• While Florida Statute section 943.0585 provides that a Court may expunge records pertaining to “one arrest or one incident of alleged criminal activity,” we can argue that even though your charges arose out of separate criminal acts on different days, they all stem from only one arrest. See: Oymayan v. State, 765 So.2d 812 (Fla.1st DCA 2000);
  
• If you received a full pardon or restoration of your civil rights, your records continue to remain accessible to the public. All criminal records are “public records” unless sealed or expunged;
  
• An "early termination of your probation" does not result in the sealing or expungement of your criminal records;
  
• The courts have ruled that it is an “abuse of judicial discretion” for a judge to deny an applicant a sealing or expungement where he otherwise meets the criteria. See Johnson v. State, 336 So. 2d 93 (Fla. 1976)

Our law firm has considerable experience in securing record sealing and expungements for misdemeanor and felony criminal cases that arose out of St. Petersburg, Clearwater and other areas of Pinellas County. 

We can discuss your eligibility right over the phone.

Click Here: For more information on the sealing and expungement of your arrest records

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Visit our comprehensive Web site at: www.defensehelp.com

Technorati Tags: sealing,expungement,felony,misdemeanor,st. petersburg,clearwater,pinellas county,arrest records,criminal records,eligibility

Outstanding Pinellas County Arrest Warrants and Worthless Checks

 

Our office handles a large number of cases involving the offense of “Worthless Check,” also referred to by the legal term of “Obtaining Property or Services in Exchange for Worthless Check.” Under Florida Statutes ss. 832.05(4), this crime can be a felony worthless check offense or a misdemeanor worthless check offense, depending on whether the check is written for an amount that is greater than $150.00.

Many times, a “Worthless Check” charge only comes to an individual's attention after they learn that an outstanding warrant has been issued for their arrest. The typical scenario involves a situation where the following events occur:

1. A merchant or individual receives a check that is dishonored for “insufficient funds” (NSF) or a "closed account";

2. The recipient of the bad check sends a certified letter to the address on the check demanding that the check be made good. Note that this action is required for a worthless check prosecution to commence under Florida Statute ss. 832.062(4) in cases where the check was dishonored due to insufficient funds in the bank account;

3. The certified letter is returned because the person who wrote the check has typically moved from the address;

4. The State Attorney’s Office receives the check for prosecution and files a charging document or “Information” alleging the criminal offense of “Receiving Property or Services in Exchange for Worthless Check.” This has the effect of setting a court date before a Pinellas County Criminal Court Judge;

5. The Pinellas Clerk of Court sends a “Notice to Appear” requiring the check writer of the upcoming court date to the check writer at the address on the check;

6. Of course, the notice of the court date is never received because the check writer has long since moved from the address; and

7. At the scheduled court date, the check writer is not present because they never received notice of the court date. At that point, the judge issues a warrant for their arrest.

Given this very common set of circumstances, many of our clients are tremendously surprised to learn that a Pinellas County warrant for their arrest exists and that law enforcement is actively seeking to take them into custody. Fortunately, we are St. Petersburg / Clearwater criminal defense lawyers with a recognized reputation for excellence in the Pinellas County legal community.

The first step is to set an expedited court date before the judge assigned to your case. At this court date we will seek to have the judge withdraw the warrant. A central feature of our argument to the Court is to demonstrate to the judge that you never received notice of the court date to begin with. Upon hearing this, it is highly likely that the judge will withdraw the warrant since your alleged “Failure to Appear” was not willful.

Secondly, we must address the issues surrounding the “Worthless Check” allegation itself. There are a number of options, defenses  and solutions that may be available in an “Obtaining Property or Services in Exchange for a Worthless Check” charge. These may include:

• Inspecting the check to verify that it was in fact written by you, and that you are not the victim of a fraud or identity theft;
• In the case of an “insufficient funds” check, reviewing your account balances at the time the check was written for evidence that demonstrates the lack of fraudulent intent on your part;
• Resolving the matter by paying the outstanding check, court fines and costs, and the returned check fee, but avoiding formal conviction; or
• Seeking your entry into Pre-Trial Intervention or a “Diversion” program that will result in the complete dismissal of the charge.

The charge of “Obtaining Property or Services in Exchange for Worthless Check” is a serious offense that could forever brand you as a convicted felon or as a person convicted of a “crime of dishonesty or untruthfulness.” Don’t take chances with your reputation, employment opportunities, and freedom! We are Pinellas County Criminal Defense Lawyers who know how the system works. Call us today to discuss how we can help you avoid a conviction for a bad check and the steps that can be taken to seal or expunge your criminal record.

If you have an outstanding arrest warrant for a “Worthless Check” charge, call our office at (727) 578-0303 for a free consultation. We can discuss your options right over the phone. Even if you have a pending Pinellas County criminal case and live out of state, we may be able to resolve your “Worthless Check” charge without the necessity for you to return to Florida or appear in court.

The Law Offices of Russo & Russo
Former State Prosecutors
877 Executive Center Drive West
Suite #112
St. Petersburg, FL 33702

Visit our comprehensive Web site at: www.defensehelp.com

Technorati Tags: worthless check,felony worthless check,misdemeanor worthless check,bad check,worthless check warrant,St. Petersburg lawyer,Clearwater attorney,outstanding warrant,pinellas county warrant,Florida Statute 832.05,Florida Statute 832.062,NSF

Seal or Expunge Your Pinellas County Criminal Record & Land That New Job

It’s hard enough to find a job in the St. Petersburg or Clearwater area during these tough economic times. But if you are an out-of-work applicant that is also burdened by a criminal record, your job search efforts can be particularly frustrating. In this age of computers, potential employers have an easy method for discovering and separating those applicants with a criminal record from those that are “squeaky clean.” Most employers won’t even consider your application when they have the luxury of picking from an abundant number of prospects who are unburdened with a past record of arrest.

How Can a Potential Employer Learn About Your Criminal Record?

Just how easy is it for a potential employer to do a background check on you? Well, to start with, all criminal records in Pinellas County are also “public records.” That means that anyone can walk into the Pinellas County Criminal Justice Center and without charge, inquire if you have a criminal record. Then they can ask the Pinellas County Clerk of Court to provide them with your court file. With the benefit of the court file, your potential employer can read all about the facts and circumstances surrounding your original arrest, charge and subsequent prosecution. Oh yes… copies of all documents in your criminal court file are also available to anyone ready to fork out $1.00 a page.

But what if the employer lacks the time and initiative to visit the Clerk’s Office at the Pinellas County Criminal Justice Center? No problem, since much of this same information is also available for free online. The Consolidated Justice Information System (CJIS) is provided to the public without charge. Anyone can do a CJIS online inquiry using the job applicant’s name and easily uncover historical information related to their arrest and prosecution.

The employer can also secure information related to your record of arrest directly from law enforcement. The Florida Department of Law Enforcement likewise provides this readily accessible public information through the Internet. The FDLE produces a detailed Florida Crime Information Center (FCIC) report of arrest information associated with your Pinellas County arrest, along with information concerning any other criminal cases arising anywhere within the state of Florida.

What could be worse? How about free public access to your “mug shot,” along with details associated with the nature of your criminal charge, including the date, time and location of your arrest. Everyone booked into the Pinellas County Jail is photographed and within minutes, that image is published on the Pinellas County Sheriff’s Department website. Your photograph and other booking information is thereafter accessible world-wide. Potential employers can make a simple inquiry about you on the PCSO website using just your first and last name.

How a Sealing / Expungement Eliminates Employer Access to Your Criminal Records

Florida Statutes section 943.059(4) and 2008->Ch0943->Section%200585#0943.0585">Florida Statute section 943.0585(4) provide that a person who successfully seals or expunges a criminal record may "lawfully deny or fail to acknowledge" the sealed or expunged case, except in a very few limited circumstances (click the links above for a complete listing of those instances).  In addition, the sealed or expunged records are completely inaccessible to the general public.

Having your record sealed / expunged results in the removal of all information pertaining to your arrest and prosecution, including those held by the:

• Pinellas County Clerk of Court;
• Online Consolidated Justice Information System (CJIS);
• Pinellas County Sheriff's Office;
• arresting law enforcement agency;
• Florida Department of Law Enforcement (FCIC); and
• the Federal Bureau of Investigation (NCIC)

See also Florida Rule of Criminal Procedure 3.692.

The official court order sealing your records likewise directs any other agencies to whom information regarding the arrest was disseminated to remove them from public view.  Accordingly, an employer who conducts an official background check would be told that no record of arrest exists.

Practically speaking, this means that in most of your employment applications, licensing requests, loan documents, property rental applications, and educational pursuits, you can truthfully deny that you have ever been arrested, charged with a crime, or had to attend court in conjunction with a criminal proceeding. You can truthfully state, under oath, that the entire incident never took place.  Such a remedy will place you on an even playing field with all other job applicants, since your prospective employer will never know of the sealed or expunged record's existence.

We Can Seal or Expunge Your Record in Four Simple Steps

1. Contact Us regarding the Pinellas County criminal offense you want to  seal or expunge. We will review the online court records to see if you qualify for this remedy. We can tell if you are eligible right over the phone.
2. If we determine that you qualify, we will prepare an application on your behalf to the Florida Department of Law Enforcement for a Certificate of Eligibility.
3. After you verify that the information on the FDLE application is correct , we can prepare your affidavit of eligibility, the petition to seal, and the proposed order sealing your record.
4. We will file the application for a Certificate of Eligibility with the FDLE, and all necessary court documents with the local Pinellas County Circuit Court. We will also handle any court appearances for you. In the vast majority of cases, it is typically not necessary for our clients to appear in court.

We recognize the importance of accomplishing a sealing or expungement as quickly as possible. When it comes to removing a past offense from your record, time can be of the essence. Our office makes every effort to file all documents with the court and FDLE on the same day they are prepared or received. In this way, we can expedite the process.

If you are seeking to clear your name and protect your reputation, our office can help. Call us for a free consultation at (727) 578-0303. We can immediately determine if you are eligible for a sealing or expungement of your criminal record arising out St. Petersburg, Clearwater, or other area of Pinellas County.

Click here to learn more about the advantages of sealing or expunging your Pinellas County Criminal Record.

Click here if you need the assistance of an experienced St. Petersburg / Clearwater Criminal & Ticket Defense lawyer.

Click here to learn other possible solutions to your Pinellas County Criminal, DUI, or Traffic charge.

Technorati Tags: Background Checks,Criminal Record Sealing,Criminal Record Expungement,Florida Criminal Law,Post-Conviction Relief