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
- 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.
- 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.
- 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.
- 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.
Comments