Sealing and Expungement of Criminal Records: Benefits and Reasons for Denial

As a Fort Lauderdale criminal defense attorney, I often receive inquiries about whether a client is eligible to have their criminal record sealed or expunged. I created this “cheat sheet” for my clients to understand the benefits of sealing or expunging criminal records and common reasons for denial.

Benefits
Due to the economic recession, the unemployment rate in the United States hovers around 9%-10%. As a result, employers can be very particular with their new hires and may prevent the hiring of someone with a criminal record. Worse yet, with advances in technology, employers can inexpensively discover your criminal history from anywhere in the United States with no time constraints. A client was recently fired from his job for failing to disclose a minor marijuana charge in 1978! In addition to employers, criminal background checks are common when applying for housing, professional licenses, security clearance, and certain bank loans. I have even heard of potential dating partners doing criminal background checks on a person prior to dating.

When you expunge your criminal record, your criminal record is no longer accessible to the public. Such criminal records include your court case number, your jail record, and the police record of the incident (ie, affidavit of probable cause). Please note that if you have been arrested for a crime, even if charges were never filed or your case was dismissed for any reason, your arrest record and court case will remain publicly accessible until you delete your case. It bears repeating that even if the State Attorney’s Office “dropped out” or announced a Nolle Prosequi (“Dismissal”) of your case, your arrest record and Court Case are still available for employers to view until delete your case.

In most situations (including all expungements), you can legally deny that you were ever arrested for the crime you had sealed or expunged. Think of the value of not having to tell an employer about your juvenile indiscretion or misbehavior that is currently leaving an indelible mark on your resume. The cost benefit of spending a few hundred dollars to hire an attorney to seal or expunge his record could net you tens of thousands of dollars in the future. Keep in mind that in Florida, it takes approximately 6-7 months for a court to expunge your record. As a result, be proactive: Don’t wait until you’re applying for a new job to ask the court to dismiss your case.

Common Reasons for Denial
I get dozens of phone calls a year from people who were improperly informed by their previous criminal defense attorney that they can seal their arrest record. I am always amazed when criminal defense attorneys twist the law about sealing, as the Florida Department of Law Enforcement provides a detailed explanation on their website of which crimes are not eligible to be sealed or expunged.

By far the most common inquiry I receive concerns the criminal offense of driving under the influence. In the state of Florida, anyone who accepts a guilty plea to driving under the influence of alcohol receives a guilty verdict. A person cannot receive an adjudication hold for driving under the influence, unless the state’s attorney changes the charge to reckless driving. The law is clear that a person CANNOT seal or expunge their record if they have ever been CONVICTED guilty of any criminal offense, including Driving Under the Influence or Driving on a Suspended License.

The second most common query concerns people who were improperly informed by their previous criminal defense attorney that they can always seal their arrest record if they receive a HOLD OF ADJUDICATION of the charge. Again, I consider this legal negligence considering that the Florida Department of Law Enforcement website specifically lists which felonies are not eligible to be sealed, regardless of whether the adjudication of guilt was withheld. Notably, all ineligible offenses are listed in Fla. Stat 907.041.

Criminal defense attorneys often misrepresent that the following crimes can be sealed if the client received a stay of adjudication: (1) Burglary of a home; (2) Any act of domestic violence; and (3) Harassment. These charges cannot be sealed even if the charge is a misdemeanor and you received an adjudication hold. Also, a person can only seal or delete their record ONE time. An individual cannot seal one charge in 2010 and expect to seal another charge in 2011.

Although you do not need a lawyer to ask the court to seal or expunge your criminal record, I recommend that you hire an experienced criminal defense attorney to handle this matter for you. Most attorneys in Florida will charge between $500.00 and $1,000.00 for this service. Since making sure your criminal record is properly sealed or expunged could be one of the most important decisions you make in your life, it is beneficial to make sure it is done correctly.

The information on this article site was developed by Lyons, Snyder & Collin, PA for informational purposes only and should not be considered legal advice. Transmission and receipt of information in this article does not form or constitute an attorney-client relationship with Lyons, Snyder & Collin. Persons receiving the information in this article should not act on the information provided without seeking professional legal advice.