Tampa Expungement Lawyer

Tampa Expungement Attorney

Whether you were convicted or not, it’s understandable why you may want to get rid of your criminal record. With the help of a seasoned Tampa expungement lawyer, you can get closer to this goal. At Jeff Marshall Law, we have successfully represented countless clients against various criminal offenses. We’re here to guide you through every step of the process, including after the fact when you’re considering expunging or sealing your record.

What to Know About Expunging Your Record in FL

In the state of Florida, any time someone is arrested, it’s recorded on their criminal history whether the individual was convicted or not. This criminal record is viewable to the public and may show up when someone runs a background check on you, including neighbors, new acquaintances, employers, or landlords. It’s understandable why someone would want to get rid of old arrest or conviction records when they can impact your future for years to come.

Expungement is a legal process that effectively removes an arrest or criminal conviction from your record so it’s no longer viewable by the public. When your criminal history is expunged, all records of it are destroyed except for one confidential copy held by the Florida Department of Law Enforcement (FDLE).

Recording sealing is a similar process wherein the court seals away your arrest or conviction, preventing the public from accessing it through background checks or other means. However, sealed records are still accessible to several government agencies at the federal, state, county, and city level.

Reasons You May Want to Expunge or Seal Your Record

There are numerous advantages to expunging or sealing your criminal record. The benefits of expunging your juvenile record or sealing away old criminal charges include:

• Having the ability to lawfully deny or choose not to acknowledge your arrest or conviction that was expunged or sealed
• Declaring that you don’t have a criminal record on job applications
• Maintaining your professional certificates or licenses that a criminal record may jeopardize
• The criminal offense no longer impacts your ability to secure housing, schooling, or job opportunities
• Positively impacting your credit rating

Getting Your Record Expunged with a Lawyer’s Help

You aren’t required to have the help of a qualified expungement lawyer to expunge or seal your criminal record, although it’s highly recommended since the process is often complex and can vary. The legal procedure for expungement depends on several factors unique to your case, including whether there was a conviction after your arrest. Be sure to consult with a lawyer to verify that your arrest or conviction qualifies for sealing or expungement.

In most circumstances, misdemeanor offenses can be expunged from your record. If you weren’t convicted of the crime, you might qualify for expungement if you don’t have a previously expunged record in Florida or any other state and if you don’t have an active case pending for a record expungement or sealing. If you were convicted, you may still be able to expunge your record if the offense is not a felony and you did not take a plea deal.

Some misdemeanors aren’t eligible for expungement, such as certain traffic offenses like DUIs or driving with a suspended license. You may qualify, however, for record sealing if your offense is eligible, you have no other convictions, and the court withheld adjudication. It’s important to speak with an experienced expungement lawyer to understand your options, given your unique circumstances.

Additionally, you can apply for administrative expungement for instances where you were unlawfully or mistakenly arrested. For a standard court-ordered expungement or record sealing, you must first apply for a certificate of eligibility. This application petition must be approved by FDLE and includes various documents, such as a certified copy of the charge disposition and a written statement from the prosecutor, among others.

FAQs

Q: Is There a Difference Between Expunging and Sealing a Record?

A: In Florida, having a criminal record expunged or sealed can be very similar in effect but are distinctly different processes. When your record is sealed, any information related to the crime is sealed away and no longer viewable by the public except by judicial or governmental agencies. When your criminal record is expunged, all physical records are destroyed except for one confidential copy held by law enforcement, and they are also not accessible to the public.

Q: Can I Seal or Expunge Multiple Arrests in Florida?

A: You are only allowed to seal or expunge a singular arrest or criminal conviction in Tampa, Florida. Additionally, you are ineligible to request that your record be sealed or expunged if you have previously done so in another state. This means that if you have multiple arrests or convictions on your record, you may also pursue expungement for one of them, and the offense must be eligible.

Q: Do I Need a Lawyer to Expunge My Record in Florida?

A: While you are not required by law to hire an expungement lawyer to pursue expunging or sealing your record, it’s highly advised that you do so. Expungement and record sealing can be complicated legal processes, so it’s wise to have the assistance of a qualified and experienced defense lawyer. Your lawyer can verify that you qualify, ensure all paperwork is correctly filled out and submitted on time, and guide you through the various law procedures.

Q: How Long Does an Expungement Take in Florida?

A: How long the expungement process may take for your unique case is difficult to estimate ahead of time. There are several factors that can impact the timeline of your expungement petition, such as how quickly the state attorney provides their written statement, whether there are court delays, how soon the Florida Department of Law Enforcement responds, and other elements of the process. Generally, the process takes several months to complete.

Tampa Expungement Lawyer

To speak with an educated expungement attorney, contact our team at Jeff Marshall Law today. We can assess the details of your case and determine whether you may be eligible for expungement or record sealing.