Anytime someone is arrested or charged in Daytona Beach or anywhere else in Florida for committing an alleged criminal act from a second degree misdemeanor or all the way up to a life felony, a record available to the public will be made and maintained by the Clerk, State Attorney’s Office and local law enforcement. For many people who have a criminal history that fact will never have a meaningful impact on their job prospects, application for a loan or housing needs. For those that are affected by a criminal record it can be one of the most difficult burdens to deal with. Our Daytona Beach criminal defense lawyers understand how people can be prevented from getting a job, promotion or apartment because of a prior petit theft or marijuana possession committed years earlier. If adjudication of guilt was withheld these problems can be fixed by talking to Daytona Beach Record Sealing Attorney Kevin J. Pitts.
If adjudication was withheld most cases can be sealed. Sealing the record hides it from public view. This can help you with job applications and obtaining an apartment. If you have adjudication withheld for offenses listed in 907.041, F.S. you are not eligible to have your record sealed. These are typically violent felonies, sex crimes, arson, aircraft piracy and terrorism charges. The most common offenses we see are domestic violence and stalking. These are also about the only misdemeanors that adjudication can be withheld and still not allow your record to be sealed for these charges or others.
Are you eligible to have your record sealed?
Our Daytona Beach record sealing attorneys will evaluate your case to verify your eligibility to have your record sealed. Under Florida Statute 943.059 an individual is allowed to have their record sealed if adjudication has been withheld on the crime they wish to seal and have no prior adjudications of guilt. They must also have never had a prior seal or expungement in Florida or any other State and their crime cannot be one prohibited by 943.059.
What has to be done to get my record sealed?
Because there are several steps that must be taken in the process, we recommend hiring an experienced Daytona Beach record sealing lawyer to help you through the process. The steps to obtaining a record sealing are:
- Complete the application accurately and sign it in front of a notary public.
- Obtain and include a certified disposition for the case you want sealed.
- Get fingerprinted on an FBI card or the card included in the seal packet by an accredited law enforcement agency. Ensure that all information is filled out on the form correctly.
- Include a $75 money order with the packet to FDLE.
Once all the application information has been submitted to the Florida Department of Law Enforcement we wait. Then sometimes we wait some more. The slowest part of the process is waiting on the certificate of eligibility. Eventually FDLE will send us a certificate of eligibility notifying the Court that you are approved to have your record sealed. Our Daytona Beach record sealing attorneys will file a petition for seal with the division your case was in and upon the Court granting our petition will order all agencies involved in your arrest or case process to seal your record. After waiting 10 years after your record has been sealed we can navigate a similar process to have your record expunged.
It is important to follow all of the procedures correctly. A sealed record is very often the difference between being hired for a job or having your resume ignored. Our Daytona Beach record sealing lawyers are available to help at 386-451-5112.