December 11, 2011

Criminal Records May Not Hinder Jacksonville Residents Thanks To Sealing and Expunging

Jacksonville can be one of the busiest cities in America, especially during the holiday season. This city is filled with people going here and there, giving and receiving, and stressing for the holiday rush. Unfortunately for some, this time will also include criminal charges, such as shop-lifting or DUI charges. However if one is able to seal and expunge that record, the record may not effect them in the future.

Florida Statutes 943.0585 and 943.059 list the criteria that allow an adult’s record to be sealed and/or expunged. One of these criteria is that the crime does not fall into a number of certain crime categories. These include:

Aggravated Assaulti-prac-expung.jpg
Aggravated Battery
Arson
Assault
Murder
Kidnapping
Sex Crimes on a child under 16
Burglary
Robbery Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Carjacking
Stalking
Domestic Battery
Manslaughter
Rape
Any Attempt at the above crimes

The above mentioned crimes cannot be sealed or expunged. Furthermore, in order for the Court to consider whether to seal or expunge one’s record, one must first apply for a Certificate of Eligibility. By receiving this certificate of eligibility, one’s record is then allowed to be sealed and/or expunged.

Unfortunately, even if one’s records are sealed and/or expunged, the order to seal and expunge one’s record only applies to the government. There are many ways other than through government agencies that a potential employer might find your records. However, going through the process of sealing and expunging your records can better ensure your chances of complete privacy with your records.

This process can be long and exhausting. Having an experienced Jacksonville criminal defense attorney help one seal and expunge one’s records can speed up the process and make the road not so long and winding.

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December 10, 2009

Unemployment Rate Leads to Higher Sealing and Expunging of Criminal Records in Florida

The bad economy has led to many issues, one of which is an influx of job applicants into the marketplace. Jobs are few and far between and applicants are doing everything they can to increase their chances. Job seekers with any criminal background are probably put at the bottom of the list. In Florida, during the last fiscal year, sealing and expungment requests have increased dramatically.

If you have been arrested and not convicted of a crime, you may be eligible for a sealing or expunging of your record. If your record is sealed or expunged, your arrest or withhold of adjudication is supposed to be hidden from the public.

Having a Florida criminal lawyer help you in sealing and expunging your record will not guarantee that potential employers will not find your record. When you are arrested in Jacksonville, the arrest is public record. Background companies access the information and hold it in their databases. When a record is sealed or expunged, the order to seal the record is for governmental agencies. Private companies are usually not required to comply with the order and will maintain your record even if government agencies do not.

August 5, 2009

What crime cannot be sealed or expunged in Jacksonville, Florida?

Our Jacksonville Criminal Defense Law Firm gets many calls about the sealing and expunging of records in Florida. There are certain crimes in Florida that cannot be sealed or expunged. They are:

Aggravated Assault
Aggravated Battery
Arson
Illegal use of Explosives
Child Abuse of any kind
Abuse of the Elderly
Kidnapping
Murder
Manslaughter
Rape
Robbery
Carjacking
Sex Crimes on a child under 16
Burglary
Stalking
Domestic Battery
Assault
Any Attempt at the above crimes

Continue reading "What crime cannot be sealed or expunged in Jacksonville, Florida?" »