An arrest or conviction for any crime can have a lasting impact on your reputation, your ability to earn a living, and even your freedom. However, you may have options for preventing your record from affecting you in the future. If you are eligible to have your record sealed or expunged, you may avoid many of the challenges that can come with having a criminal record.
Not everyone will qualify for this type of relief. You may benefit from discussing your specific situation and options with our experienced expungement attorneys. Contact Problems? Pick Porter!™ to discuss expungement eligibility in Jacksonville during a free initial consultation.
Understanding Expungement and Sealing
You may have different options available for clearing your name following an arrest or conviction. Expungement involves the complete destruction of any record of your arrest or conviction. While expungement can be difficult to obtain, it is not the only option available to you. Sealing your records is less comprehensive because it leaves your conviction intact, but it limits the public’s ability to access it.
The process of expungement and sealing is different, and the eligibility requirements for each option are unique. These qualifications include the following:
Expungement Eligibility Requirements
Eligibility requirements for expungement are strictly enforced in Jacksonville. Expungement is available to individuals who were not ultimately convicted of the crime for which they were charged. If you were found guilty or adjudicated delinquent of the charge, expungement is not an option.
You may be able to expunge records related to your arrest or charge if the state never formally indicted you or if you had your charges dropped. Expungement may also be possible following a favorable trial outcome.
There are some additional requirements to consider. To be eligible for expungement, you cannot have any prior cases sealed or expunged under state law. You also cannot have any of these cases currently pending in Florida courts.
Sealing Eligibility Requirements
The requirements for sealing a record are less strict than those for expungement, although they are similar. As with expungement, you can only seal your records once and cannot pursue this process repeatedly. While you may be able to seal some convictions, you cannot use this process for a disqualifying offense.
What Are Disqualifying Offenses?
Even if you are otherwise eligible for expungement in Jacksonville, you may be prevented from having your records destroyed if your conviction is considered a disqualifying offense. These offenses are subject to different standards because of their seriousness.
Disqualifying offenses become relevant only if you are ultimately found guilty, either through a plea bargain or at trial. If you were charged with a disqualifying offense but the case was dropped or you were not found guilty at trial, you may still pursue expungement of the records related to your charge and arrest. Some of the most common disqualifying offenses include:
- Sexual battery
- Voyeurism
- Sexual performance by a child
- Violations of the Florida Communications Fraud Act
- Arson
- Robbery
- Homicide
- Aggravated assault
Our firm could help you understand whether your record disqualifies you from expungement. We could also advise whether any prior conviction counts as a disqualifying offense.
Contact Our Attorney in Jacksonville About Expungement Eligibility
If you want to move forward after an arrest or conviction, expungement may be an important first step. Not everyone will qualify for this process, so it is important to understand expungement eligibility in Jacksonville.
At the Law Offices of Jason K.S. Porter, P.A., we are prepared to guide you through the expungement process. Our team understands eligibility issues and could answer any questions you may have. Problems? Pick Porter!™