Are you eligible for a Seminole County record expungement?
In order to have your record expunged in Sanford, the following must apply to your case:
- Either your case has been dismissed or completed a diversion program or have had your record sealed for at least 10 years.
- You must have no Adjudications of Guilt on your record for any criminal offense in any State.
- You must have never applied for a record sealing or expungement prior in any State.
- Your crime is one listed in Florida Statute 907.041 (Most sex crimes and violent crimes).
What is the difference between a sealing and expungement?
Our Seminole County record expungement attorneys are asked what the difference between sealing and expunging a record is. In simple terms having your record sealed staples it shut and having it expunged destroys it. The sealed record can be viewed with a court order. The governmental entities listed in Florida Statute 943.059(4)(a) will be able to access a sealed record in its entirety. When a record is expunged those same entities that have access to a sealed record will be told that the subject of the record has had a record expunged. They cannot access the record without petitioning a Court and receiving a Court Order. Without petitioning a Court they would merely receive a boiler plate statement stating something like, “criminal information has been expunged from this record.” So, what’s the difference in real life? Unless you’re applying to a governmental agency if your record is sealed or expunged the general public will not be able to find the record. If you are applying to a government agency they’ll know your record has been expunged but nothing else unless they go through the difficult process of petitioning the Court. If your record is sealed you must disclose it when purchasing a firearm. When your record is expunged you can legally deny that is occurred even when purchasing a firearm. The process is very similar so if you are eligible for expunction you might as well go that route. You can only do this once in Florida. If you get adjudicated guilty of misdemeanor driving with an expired tag you would not be allowed to get your old felony marijuana possession charge sealed or expunged.
The Florida Department of Law Enforcement has a tendency to scrutinize the applications when applying for an expungement. Our Seminole County expungement attorney Kevin J. Pitts has filed numerous applications for expunction and petition for expungements. We understand what the requirements are and what is necessary for an Order to Expunge. Since FDLE typically runs around 6 months behind on processing applications, you should act quickly to get the process started as soon as possible. FDLE approval is the slowest of a multi-step process. Our Sanford record expungement attorneys are available to ensure that the process moves as fast as possible. Contact us to see if your record is eligible to be expunged at 407-268-3688.