Punta Gorda Sealing & Expunging Criminal Records Lawyers
A criminal conviction can lead to penalties such as fines, imprisonment, or probation. Long after you have paid your fine or completed your probation period, however, a criminal record can continue to follow you everywhere you go, impacting the jobs you can get, where you can live, your credit, and more. It’s good to know that in some cases, a criminal record can be sealed or expunged, allowing you to move forward with your life without the stigma of a criminal record. An attorney versed in criminal law can be of critical help in making this happen.
At Foley & Wilson Law Firm, we understand the profound impact a criminal record can have on your life. Our dedicated team of former prosecutors brings over 45 years of experience in the criminal justice system to help you navigate the complexities of sealing or expunging your criminal record. We are committed to providing the highest level of professional representation, treating every client with dignity and respect, and delivering skilled legal services to those facing serious allegations. Get the help you need to obtain the fresh start you deserve. Contact our experienced Punta Gorda criminal record sealing & expungement lawyers today.
Understanding Sealing and Expungement
In Florida, sealing or expunging a criminal record can significantly improve your ability to secure employment, housing, and educational opportunities. The process involves legally concealing your criminal record from public view, offering you a fresh start. The statutes governing these procedures are Florida Statutes 943.0585, 943.059, and 943.0515.
At the outset, it’s important to understand the difference between sealing and expungement.
Expunging a Criminal Record
Under Florida Statute 943.0585, expungement means the physical destruction of criminal records by criminal justice agencies, except for those retained under specific provisions. When a record is expunged, it is as though the event never occurred, providing a clean slate.
To be eligible for expungement, you must meet several criteria:
- The charge must have been dismissed, or you were acquitted.
- You must not have been adjudicated guilty of the offense.
- You have not had a previous criminal record expunged or sealed.
- The offense in question must not be one of the disqualifying offenses listed under Florida law.
Sealing a Criminal Record
Florida Statute 943.059 addresses the sealing of criminal records, which means the record remains intact but is rendered confidential and inaccessible to the general public. Certain government agencies can still access sealed records.
The eligibility requirements for sealing a record are similar to those for expungement:
- You must not have been adjudicated guilty.
- You have not had a previous criminal record expunged or sealed.
- The offense must not be one of the disqualifying offenses.
Disqualifying Offenses
Both sealing and expungement have specific disqualifying offenses that prevent eligibility. These include but are not limited to:
- Sexual offenses
- Homicide
- Kidnapping
- Certain types of assault and battery
Process for Sealing or Expunging a Record in Punta Gorda
- Eligibility Evaluation: Our attorneys will thoroughly review your case to determine eligibility.
- Filing the Application: We will prepare and file the necessary documents, including a petition to the court.
- Obtaining a Certificate of Eligibility: This certificate from the Florida Department of Law Enforcement (FDLE) is essential for proceeding with the court petition.
- Court Hearing: If required, we will represent you at the court hearing, advocating for your petition to be granted.
- Order of Expungement or Sealing: Upon approval, the court will issue an order, and we will ensure all relevant agencies comply with the sealing or expungement.
Why Choose Foley & Wilson Law Firm?
Our team at Foley & Wilson Law Firm brings unparalleled experience and dedication to each case we handle. As former prosecutors, we have a deep understanding of the criminal justice system and are adept at navigating its complexities. We are committed to providing personalized, boutique legal services, ensuring every client receives the attention and respect they deserve.
If you are seeking to seal or expunge your criminal record in Punta Gorda, contact Foley & Wilson Law Firm today. We are here to provide you with the professional representation you need to achieve a brighter future.
