Expungement Attorney in DeLand

Having a criminal record can have lasting effects on many aspects of your life, from employment opportunities to housing applications, and even personal relationships. Fortunately, under Florida law, it is possible to either expunge or seal your criminal record, depending on the circumstances of your case. If you're looking to clear your name and move forward without the burden of a criminal history, an expungement attorney can help guide you through the complex process.

At Williams Legal, P.A., we understand the importance of a clean slate and are committed to helping individuals in Florida navigate the legal steps to either expunge or seal their criminal records.

What is Expungement vs. Sealing of Records?

While expungement and sealing of records are often used interchangeably, they are two distinct legal processes with different outcomes. Here's an explanation of both:

Expungement of Criminal Records

Expungement involves the complete removal of a criminal record. When your record is expunged, it is as though the criminal case never happened, and the record is permanently erased. Once your criminal record is expunged, you are generally able to legally deny the existence of the offense in most situations, such as when applying for jobs or housing.

Sealing of Criminal Records

Sealing a record, on the other hand, does not erase the record entirely but restricts access to it. While a sealed record remains in existence, it is not accessible to the public. In most cases, only law enforcement agencies, the courts, and certain other authorities can view a sealed record. Individuals who have a sealed record may also be able to deny its existence in most circumstances, although some exceptions may apply.

Eligibility for Expungement or Sealing

Both expungement and sealing of records are governed by Florida law, and there are strict eligibility requirements. To begin the process, you must first apply for eligibility. If you are deemed eligible, you will receive a Certificate of Eligibility, which allows you to continue the process.

Some of the key requirements for eligibility include:

• No prior felony convictions: Generally, you must not have been convicted of a felony offense.
• No pending criminal cases: You cannot have any pending charges against you at the time you apply.
• One expungement per lifetime: In Florida, you are allowed to apply for expungement only once in your lifetime. If you have already expunged a record, you are not eligible for another expungement.
• Adjudication of guilt: You cannot apply for expungement if you have been adjudicated guilty of the offense. This means you must have been either found not guilty, had the charges dropped, or received a withhold of adjudication.

It is important to note that some offenses, such as violent crimes, sexual offenses, and certain drug-related charges, may not be eligible for expungement or sealing under Florida law.

The Process for Expunging or Sealing a Record

The process of expunging or sealing a record in Florida involves several important steps:

• Determine eligibility: This is the first step, and you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
• File a petition: Once you have received the Certificate of Eligibility, you must file a petition with the court in the county where the charges were filed. This petition must be reviewed by the judge.
• Court hearing: In some cases, a hearing may be required. The judge will review your case and the relevant documentation before making a decision.
• Approval: If the judge grants the petition, your record will either be expunged or sealed.

Why You Need an Expungement Attorney

The process of expunging or sealing a criminal record is complicated, and any mistake during the process can delay or even prevent your record from being cleared. An experienced expungement attorney can help ensure that all steps are followed correctly, increasing your chances of a successful outcome.

At Williams Legal, P.A., we have extensive experience in helping individuals clear their criminal records. We can assist with determining eligibility, preparing the necessary paperwork, and representing you in court, if necessary. Our goal is to help you get a fresh start, free from the legal barriers caused by a criminal history.

Contact an Expungement Attorney Today

If you are ready to start the process of expunging or sealing your criminal record, contact Williams Legal, P.A. today. We will guide you through the entire process and work to ensure your record is cleared, giving you a brighter future.

Call (386) 277-1166 or fill out our online contact form to schedule your free consultation now.