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
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