The Expungement Lawyer to Take Care of That Criminal Record

David Weisselberger | February 9, 2023

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Having a record expunged means that someone's past criminal convictions will be erased from all official databases that may have this information. However, the person will need to file a petition for expungement. This is where expungement lawyers come in handy because this process can be challenging to complete without the proper knowledge of the legal system.

Many people think that a person's criminal record is automatically removed from the system if the felony convictions never happen, they have been found not guilty or dismissed the charges. However, this is not true. Law enforcement records will stay on the system, and people will be able to see all criminal records if they look them up unless the person has their criminal record expunged.

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Who Is Eligible for Expungement?

An expungement lawyer will know whether someone is eligible for expungement based on their arrest record. There are specific criteria that people need to meet to show that they are eligible for expungement:

  • If a person's criminal charges were dismissed in court, then they are eligible.
  • People who were found not guilty by a judge or jury.
  • If the person has completed their pre-trial probation and all fines have been paid for.
  • A person who has pleaded guilty or been found guilty and has managed not to have another felony conviction within five years is eligible.

Which Criminal Records Cannot Be Expunged?

In Florida, there are 36 crimes that cannot be expunged unless the charges are dropped or dismissed. Some of those charges are:

  • Arson
  • Aggravated battery
  • Child abuse
  • Kidnapping
  • Homicide
  • Robbery
  • Manslaughter
  • Sexual battery
  • Kidnapping
  • Carjacking
  • Fraud
  • Drug trafficking
  • Burglary
  • Stalking

These are only a few of the charges that cannot be expunged unless they have been dropped or dismissed. However, people should look at the complete list to know if their conviction falls under them.

Additionally, the cases that can be expunged are usually misdemeanors. People can look at a complete list to learn whether their arrest is classified as a misdemeanor.

The Expungement Process

The goal of the expungement process is to have everything removed from the court system, so people cannot have access to someone's criminal record. An expungement petition will need to be signed and sent to the Florida Department of Law Enforcement. However, many different forms of expungement can happen.

This is because expungement law is complex. After all, arrest records are made to keep people safe regarding certain offenses. However, this can be difficult for a person who wants to have their records expunged.

What About Drug Court and Expungement?

When it comes to drug offenses, some are not eligible for expungement. This includes manufacturing and drug trafficking. However, if someone was only arrested for these offenses, then they may be eligible to have their arrest expunged. This can only happen if the charges are either dropped or dismissed.

Also, low-level misdemeanor drug offenses may be eligible for expungement. However, a DUI is never eligible for expungement. To learn more, speak to a professional lawyer about whether they can help.

Why Is Getting a Record Expunged Important?

A criminal arrest or a criminal history can make someone's life challenging for many reasons. If they want to be employed, then they will want to pass a background check. Some people will need to provide a background check if they're going to rent somewhere to live. Also, this can affect someone's immigration status, whether they are in the country or are planning to visit.

There are many reasons why people will want to get their records sorted out, but this can only be possible if the right lawyers are present to get this done.

Expunged records allow people to continue to live their lives to the best of their abilities. Many people think that their records will be automatically cleared if they have not been charged, but that is not the case. There are only certain juvenile convictions and cases that are expunged after the person has become an adult. Otherwise, it is the person's responsibility to get their case expunged.

Call Erase the Case Now!

The team at Erase the Case is filled with lawyers who are knowledgeable, passionate, and experienced. They understand how the expungement works and how to file all of the correct paperwork. There is also a free consultation for those who want to see if this team is right for them.

Additionally, the attorney services available to the client have been catered to people who need help with their expungement order. The client will always know what is happening with their case, so they never have to worry about being in the dark. That is because of the attorney-client relationship that will be built during the process.

Anyone who has any questions should call 1-866-ERASE-FL.

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

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  • google logogoogle reviews stars
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logogoogle reviews stars
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logogoogle reviews stars
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
  • google logogoogle reviews stars
    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
  • google logogoogle reviews stars
    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
  • google logogoogle reviews stars
    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
  • google logogoogle reviews stars
    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
  • google logogoogle reviews stars
    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
  • google logogoogle reviews stars
    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
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