EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS

Isn't it hard enough to find a job these days? Employer background checks are become more and more common, so expungements and sealing are now more important than ever.  Unfortunately, every time a person is arrested and fingerprinted, a criminal record is created, and under Florida law that information is public record, unless it is sealed or expunged (that's where I come in...). 

A citizen is entitled to only one seal or expunge per lifetime, though technically you can sneak in a second one if the first was a juvenile record.  If a citizen has ever been convicted of any crime (even a small criminal reckless driving, for example), no seal or expunge is allowed on any arrest of the convicted citizen.

There's lots of confusion surrounding expungement and sealing of records, and not everyone, nor every charge qualifies. Depending on the charge and how it was resolved, a citizen may qualify to have a record sealed, but not expunged, or neither. So, how do you know whether or not you qualify?  Simply give criminal attorney John P. Guidry a call to discuss your options.

Expungement and Sealing of Criminal Records are not the same thing. The beauty of both is that you are legally entitled to lie!  That's right, you may lawfully deny or fail to acknowledge the arrest (except as I'll outline below).  Expungement is the best option, if it's available. The beauty of an expungement is that much of the information regarding your criminal case will be erased from the police computers, erased from the clerk of court computers, files destroyed, but there are limitations. Many government agencies, such as the Department of Education (for all you teachers out there), FBI, and others, still have access to an expunged arrest.

Sealing a Criminal Record is good, as the sealing creates a court order that does not allow anyone to physically open your court file without judicial permission. Of course, this is not as good as an expungement because a sealed record typically remains visible via the computer systems of the clerk of court and the police department, thus making the information easily accessible to employers and banks during routine background checks. There are many advantages to sealing a record, including the fact that said sealing may open the door to a later expungement.

The Law Firm of John P. Guidry II gives a free confidential consultation regarding expungement and sealings. We've been defending criminal matters since 1993. Call us anytime, our experienced criminal attorney will help you clean up your criminal record!

GO AHEAD AND LIE, IT'S LEGAL AND FUN!

As mentioned above, lying about your prior record is legal once the arrest is sealed or expunged, so utilize your freedom to lie as much as possible. But, there are some limitations regarding who you may lie to, and under what circumstances.  So, if you seal your criminal history record sealed under this section or under other provisions of law, including former s.893.14, former s.901.33, and former s.943.058, you may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

1. Is applying for employment with a criminal justice agency;
2. Is a defendant in a criminal prosecution;
3. Is petitioning for relief under s.943.0585 or s.943.059, in other words, if you're applying to seal or expunge ANOTHER arrest record, you must tell them about this sealed record;
4. Is applying for admission to The Florida Bar;
5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s.110.1127(3), s.393.063, s.394.4572(1), s.397.451, s.402.302(3), s.402.313(3), s.409.175(2)(i), s.415.102(4), chapter 916, s. 985.644, chapter 400, or chapter 429;
6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
7. Is seeking authorization from a Florida seaport identified in s.311.09 F.S. for employment within or access to one or more of such seaports pursuant to s.311.12 F.S. or s.311.125 F.S.
8. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is the subject to a criminal history background check under state or federal law.

What Charges Do Not Qualify?

Here's the long list of charges that do not qualify for an expunge or seal, but remember that this list only applies if you actually PLED either guilty or no contest to the charge (even if adjudication was withheld), or FOUND GUILTY (even though adjudication was withheld), on any violation listed below:

Offenses listed in S.907.041, F.S.
1. Aggravated Battery
2. Robbery
3. Arson
4. Aggravated Assault
5. Child abuse or Aggravated Child Abuse
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
7. Burglary of a dwelling
8. Kidnapping
9. Stalking or Aggravated Stalking
10. Manslaughter
11. Sexual Battery
12. Home-invasion Robbery
13. Carjacking
14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
16. Manufacturing any substances in violation of chapter 893 (i.e., drugs)
17. Homicide
18. Act of Domestic Violence, as defined in s.741.28
19. Illegal use of explosives
20. Act of Terrorism as defined by s.775.30
21. Aircraft piracy
22. Attempting or conspiring to commit any of the above crimes

S.393.135, F.S.
23. Sexual misconduct with developmentally disabled person and related offenses
S.394.4593, F.S.
24. Sexual misconduct with mentally ill person and related offenses
S.787.025, F.S.
25. Luring or enticing a child
Chapter 794, F.S.
26. Sexual Battery and related offense
S.796.03, F.S.
27. Procuring person under 18 for prostitution
S.800.04, F.S.
28. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
S.810.14, F.S.
29. Voyeurism
S.817.034, F.S.
30. Florida Communication Fraud Act
(Scheme to Defraud or Organized Fraud, as defined in s.817.034, F.S.)
S.825.1025, F.S.
31. Lewd or lascivious offense upon or in presence of elderly person or disabled adult
S.827.071, F.S.
32. Sexual performance by a child
Chapter 839, F.S.
33. Offenses by Public Officers and Employees
S.847.0133, F.S.
34. Showing, etc., obscene literature to minor
S.847.0135, F.S.
35. Computer pornography
S.847.0145, F.S.
36. Selling or buying of minors
S.893.135, F.S.
37. Trafficking in controlled substances
S.916.1075
38. Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435.

All references are from Florida Statutes



E-mail: jguidrylaw@msn.com

Aggressive, quality representation since 1993