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Expungement Lawyer in Broward County

It might be possible to get your record closed or expunged if you've been arrested yet never convicted of a crime. If your record is qualified for sealing or expungement, Broward County expungement attorneys may help you understand the procedure if any of these alternatives are available. Consult a skilled criminal defense lawyer who strives relentlessly to have your record wiped.

Sealing and Expungement of a Criminal History Record as Per Florida Law

Under the requirements set forth in Florida Statutes, Section 943.053(3), adult criminal history records are available for public review. Unless specific conditions apply, minor criminal history records cannot be accessed by the public.

When an individual is fingerprinted and arrested in Florida, a criminal history record is established, which contains any official charges and their disposition, irrespective of whether it's a dismissal, acquittal, or another outcome. Sealing and expungement are two options for controlling access to criminal history records minors and adults) under Florida legislation.

The order of physical eradication of criminal records by the courts is known as expungement, also referred to as expunction. Apart from the Florida Department of Law Enforcement (FDLE), which has to keep a copy of the criminal record, this criminal record is erased from any criminal justice agency's database with possession of the record. Without court orders, a criminal justice agency and other government institutions are not able to access an erased record.

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What Are the Various Sealing and Expungement Processes?

When you seal a criminal record, it's unavailable to the general public. The information in the sealed record is accessible to specific government bodies, including but not limited to those named in Section 943.059(4)(a). Various forms of sealing and expungement procedures are permitted under Florida law.

These are some of them:

  • Administrative expungement
  • Court-ordered expungement or sealing
  • Human trafficking expungement
  • Lawful self-defense expungement
  • Automatic juvenile expungement
  • Juvenile diversion expungement
  • Early juvenile expungement

Irrespective of the sort of expungement, Broward County expungement attorneys can assist a person in attempting to wipe their criminal record.

Eligibility to Have a Criminal Record Sealed or Expunged

After a specific amount of time, most of the juvenile criminal records in Florida are automatically purged. An adult or juvenile needs to first obtain a Certificate of Eligibility from the FDLE before petitioning a judge to get their criminal records expunged or sealed.

If the following conditions are met, a claim for a Certificate of Eligibility to seal or erase a criminal history record is denied:

  • Has been convicted of a misdemeanor or felony contained in Section 051(3), or has been declared delinquent for violating a law mentioned in Section 051(3) (b)
  • Has had a previous criminal record expunged or sealed
  • Has been found delinquent if they're a juvenile or guilty if they're an adult of the crime they're looking to have erased or sealed 
  • Is there a pending expungement or sealing application in another jurisdiction?
  • Hasn't completed any judicial supervision for the suspected criminal action that is the subject of the petition
  • Has made a nolo contendere (no contest) or guilty plea to a Section 907.041 disqualification charge

With some exceptions, when a judge orders a person's record to be expunged or sealed, they're going to be able to lawfully dispute or refuse to accept the arrest record.

What Criminal Offense Is a Sealing or Expungement Record Available for?

When it comes to convictions and records for specific offenses in Florida, record expungement and sealing (often referred to as "expunction") is an option. Many criminal offenses are specifically excluded by law enforcement agencies, such as:

  • Drug trafficking
  • Driving under the influence (DUI)
  • Burglary
  • Violent crimes such as battery, assault, and aggravated battery and assault
  • Specific weapon offenses
  • Robbery - including carjacking
  • Stalking
  • Sexual assault
  • Arson
  • Kidnapping
  • Crimes relating to terrorism
  • Child abuse

Expungement or record sealing is usually available unless the criminal conduct is specifically excluded under Florida Statutes Annotated 943.051. A record for drug possession, theft, and other offenses is frequently admissible unless other circumstances prevent them.

Contact an Expungement Attorney in Broward County Today!

Because you may only have your record sealed or erased once in your lifetime, it's vital that the procedure be completed correctly. If you'd like to learn more about the record expungement procedure, contact a knowledgeable Broward County expungement attorney who is going to work tirelessly to protect your reputation.

To learn more about how to manage the record expungement procedure, speak with an attorney for legal advice about your individual circumstances.