Does Expungement Truly Erase My Criminal Record? – An Expungement Attorney in Florida Explains

Contrary to popular belief, while expungement is a powerful legal tool to clear your record, it is not an end-all, be-all solution – and it cannot be guaranteed.

If you are seeking to have your record expunged, consult with one of the leading expungement attorneys in Florida with The Law Office of Timothy Sullivan to see if this is a possible outcome for you.

What is Expungement?

Expungement is the legal process of “erasing” a criminal record to make it inaccessible to the general public. When a record is expunged, it is physically destroyed or obliterated in most circumstances.

Having a criminal record can seriously hinder chances of employment and housing. Expungement, if it is a viable tool to pursue, can help you avoid the severe consequences that come along with a conviction.

Does Expungement Completely Erase My Record?

Can expungement completely erase a record? The short answer is not quite, due to the fact that certain groups and entities, like law enforcement agencies and some government bodies, may still access expunged records under limited conditions. Likewise, there are some private data mining companies that maintain records of arrests that are not required to comply with court ordered records expungement. Lastly, in some “newsworthy” cases, newspaper articles or media stories may survive on the web even after a charge is dismissed and expunged. Simply put, records expungement only applies to government-held records.

Law Enforcement Access

While expunged records can be removed from public view, law enforcement and judicial entities may still access them. For example, if an individual is arrested again, an expunged record can be used during legal proceedings to inform sentencing or bail decisions. Certain licensing agencies, like those regarding healthcare or education, may also request access to expunged records as part of their employment background checks.

Federal Background Checks

Expunged records may also still appear in federal databases. This means that federal agencies, such as immigration or military recruitment bodies, could potentially access an expunged record.

Disclosure Requirements

In Florida, individuals with expunged records are generally not required to disclose them, except for specific situations, such as applying for employment with a criminal justice agency or seeking admission to the Florida Bar.

Eligibility for Expungement in Florida

Qualifying for expungement is complicated and often strict. Suppose you are interested in seeing whether your record can potentially be expunged. In that case, you should seek skilled consultation with one of the top expungement lawyers in Florida with The Law Office of Timothy Sullivan. As a baseline, the minimum requirements are that:

  • You must have no prior convictions on your record
  • Your case must have been dismissed, dropped, or resulted in a not-guilty verdict
  • You must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement

 

It is also important to bear in mind that certain convictions, such as sex crimes or violent felonies, are not eligible for sealing or expungement. 

How The Law Office of Timothy Sullivan Can Help

The expungement process in Florida is complex, time-sensitive, and requires extensive legal expertise from a skilled and experienced Florida expungement attorney. At The Law Office of Timothy Sullivan, we are the industry leaders and specialize in helping our clients seek expungement, if qualified. 

 

If you are interested in learning whether expungement could be a beneficial tool for you, seek out the best. For a complimentary case consultation with a top expungement lawyer in Florida, call the Law Office of Timothy Sullivan at (727) 291-9717.

 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.