What is the Difference Between Expungement and Sealing in Florida?
The primary difference between these two forms of post-trial relief is the effect they have on a criminal record. Expungement, which completely erases the record, is basically a judicial admission that the defendant was wrongfully accused. It’s generally only available if charges were dropped or the person was acquitted. Sealing conceals a record from public view but doesn’t destroy it. Sealing is available to many more individuals, including those who were convicted but meet eligibility criteria.
A visible criminal record makes it difficult or impossible to do many things that most people take for granted, like find a nice place to live or find a good job. A Tampa criminal defense lawyer minimizes these harsh collateral effects of a criminal conviction. Attorneys also advocate for defendants in other post-trial matters such as probation revocations, modifications, and terminations.
Expungement
Record expungement is like removing the hard drive from a computer and burning it in the trash. An expungement order directs all judicial and law enforcement organizations to physically destroy all records related to the arrest or case.
As mentioned, expungement is not a second chance. Instead, expungement puts the person in the same position s/he would have been in if s/he hadn’t been arrested and/or prosecuted. Some common reasons for expungement include:
- The defendant was arrested but, due to a lack of evidence or other solid reason, authorities never filed official court documents,
- Issuance of a presidential or gubernatorial pardon,
- Prosecutors dismissed charges before trial due to a lack of evidence or a similar reason (pretrial diversion and other such dismissals don’t count),
- A court acquitted the defendant after a full trial, or
- An appeals court vacated the conviction.
The submission of an application for a Certificate of Eligibility is the first step in sealing or expunging a criminal history record. A record does not receive any relief until the Florida Department of Law Enforcement receives a certified copy of a court order from the court of proper jurisdiction. In other words, a court order is not a magic wand that makes criminal records disappear. A Tampa criminal defense lawyer must still do the legwork.
Sealing
Sealing a criminal record is like deleting a computer file. The file still exists, but only certain people with certain expertise can access it. Likewise, a sealed record still exists, but the general public cannot see it. Agencies with the requisite “expertise” to view the “deleted” criminal record include:
- Law enforcement,
- Courts, and
- Many state licensing agencies.
Many former defendants are eligible for sealing, even if they pleaded guilty to the offense, or were found guilty by a court, and served a sentence as punishment. Basic eligibility requirements apply, such as no previous felony convictions and no pending criminal charges.
Usually, the aforementioned Certificate of Eligibility states whether the defendant is eligible for expungement or sealing.
Work With a Compassionate Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.
Source:
fdle.state.fl.us/Seal-and-Expunge-Process/Frequently-Asked-Questions
