Fleming Island Expungement Lawyer

We all make mistakes, but some of these errors are more serious than others. If you have been arrested, charged, or convicted of a crime, you may have the opportunity to clear your name. The expungement or sealing process can have a positive impact on your life, but efforts to make this happen are never guaranteed to be successful. Let an experienced defense attorney advise you if expungement is a possibility in your case.

A Fleming Island expungement lawyer from our firm could answer your questions, review your criminal history, and help you understand your options. If you are ready for a new beginning, our team at the Law Offices of Jason K.S. Porter, P.A. is here to help.

How Are Sealed and Expunged Records Different?

While the processes of sealing and expunging criminal records are similar, there are important differences to be aware of. Each option gives you the chance to start over, but expungement goes further in protecting your privacy.

When a judge seals your records, it typically means that the public will not have access to them. Background checks and public searches will not turn up any sign of the arrest or charge in question. However, some government entities will still have access to the sealed records.

Expungement is different in that the law enforcement agency destroys the physical copies of your records. Not only will the public not have access, but the government entities that could still see your sealed records will only find a note explaining that the documents in your case were expunged.

It may not be immediately obvious to you which options are a possibility. The good news is that you can rely on our Fleming Island attorneys to guide you through the complex legal process of expunging or sealing your records.

The Expungement Process

Our Fleming Island lawyers could handle every phase of the expungement process, starting with obtaining the Certificate of Eligibility. This certificate is only available through an application to the Florida Department of Law Enforcement. It contains comprehensive personal details, including your date of birth, race, sex, and permanent address.

Applying for the Certificate of Eligibility also requires you to provide details about the charge you hope to expunge. You will need to list the offense, the date of your arrest, and the arresting agency. You must notarize the application.

In addition to the certificate, you also need a certified disposition of your charges. This document, which comes from the clerk of the court where your case was heard, provides clear details on whether the court convicted you, acquitted you, placed you in a diversion program, or dropped the charges.

If you are seeking expungement as opposed to sealing your records, there is a third step to this process. You will need to notify the prosecutor of your application and give them a chance to object. The prosecutor must submit a written statement either objecting to or agreeing with the destruction of your records.

Once all these documents are in place, the final step is filing the petition with the court. A judge will consider all the documents, determine if you are eligible, and consider the views of the prosecuting attorney before accepting or denying your request.

Talk to an Expungement Attorney in Fleming Island Today

There are a lot of steps that go into clearing your name after an arrest, and a single mistake could make it much more difficult to get the outcome you deserve. When you work with our Fleming Island expungement lawyer, you could improve your chances of a successful result.

Problems? Pick Porter!™ Contact us today to discuss expungement during your free consultation.