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It can be difficult to deal with an arrest or charge on your record, especially if you were never convicted of a crime. You could face hardships, including difficulty finding employment or the loss of housing opportunities. The good news is that you may be eligible to have your record sealed.
If law enforcement has arrested you and charged you with a crime, there is the possibility of having your records sealed from the public. While sealing will not prevent law enforcement from accessing your records, they will no longer be visible to the public. An expungement attorney from the Law Offices of Jason K.S. Porter, P.A., could help you get the new beginning you deserve. Reach out to us today to discuss record sealing in Jacksonville expungement cases.
How Sealing Differs From Expungement
While some use the terms interchangeably, there are notable differences between sealed and expunged records. Understanding the differences between restricting access to criminal records and expungement cases in Jacksonville can be helpful to anyone considering this process.
Expungement is only an option if the state dismisses, drops, or does not pursue the charges against you. If you take your case to trial and are ultimately acquitted of the charges, you have the right to seek expungement of your arrest records.
Some people qualify to have their records sealed even though expungement was never an option. This generally involves cases where a defendant pleads guilty or no contest, but the court withholds adjudication. A judge might withhold entering a guilty plea and eventually dismiss the case as part of the plea agreement.
There are some important similarities between the two terms as well. You are ineligible for having your records sealed or expunged if you have any prior criminal convictions. The same is true if you are currently facing pending criminal charges or are on probation. Just like with expungement, you only get one chance to clear your record. Once you successfully seal or expunge your records, you can never do so again.
What Are the Steps in the Record Sealing Process?
There are set steps you must take when pursuing record sealing or expungement cases in Jacksonville. Thankfully, the process of having your records sealed is less involved than expungement.
First, you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). It can take months for the FDLE to review your application and provide this document. When you apply, you will need to supply information, including your name, gender, and address, as well as details about your charges, such as the specific offense and the arresting agency.
The second step is securing a certified disposition of charge from the county clerk where your case was heard. This document not only specifies the charges you faced but also provides details on the resolution.
Because the requirements for sealed records are not as strict as expungement, you do not need to serve a copy of the pleadings to the prosecuting attorney. Instead, you can file it with the court, where the judge will either grant or deny your petition.
Talk to an Attorney in Jacksonville About Record Sealing in Expungement Cases
Having a clean record can make a tremendous difference in your quality of life. If you were never convicted of a crime or have completed the terms of your diversion program, it is only fair to have the records of your arrest hidden from view.
Problems? Pick Porter!™ Reach out to us today for your free consultation on record sealing in Jacksonville expungement cases.