Expungement & Record Sealing in Florida

Learn if You Qualify from Our Jacksonville Expungement Lawyers

An expungement or sealing of your criminal record can make a significant difference when completing job applications. It's crucial that your criminal case is thoroughly evaluated to determine if you qualify. If your past mistakes are preventing you from moving forward, the Jacksonville expungement attorneys at The Law Offices of Kate Mesic, P.A. can help you regain control of your life by assisting in getting your criminal record sealed or expunged.

Many individuals are unaware that police reports and court records become public records following an arrest. This means anyone can access them online or at the courthouse. Even if your case results in a dismissal or a not guilty verdict, the record remains public.

Understanding Expungement Benefits: Expungements provide a pathway to removing barriers that hinder access to new opportunities. Employment, housing, and loan applications can all be negatively impacted by a public criminal record. Through expungement, individuals can better integrate into society, enabling personal and professional growth. Our firm prides itself on not just offering legal support, but also empowering community members to reclaim their futures.

Call our expungement lawyers in Jacksonville at (904) 615-8950 for a free initial consultation.

Protect Your Future by Sealing Your Criminal Record

Under Florida law, once a record is sealed or expunged, you are not required to acknowledge any arrests covered by the sealed or expunged record.

The process can be lengthy and requires precision. Our criminal defense attorneys in Jacksonville will assist you every step of the way. Typically, the entire process takes between six and seven months before your record is no longer available to the general public. The expungement process may take longer due to an additional step involving the State Attorney’s Office approval of the application.

Detailed Process Support: Navigating the expungement process involves multiple legal steps requiring meticulous attention. At The Law Offices of Kate Mesic, P.A., we ensure all necessary documents are accurately presented and liaise with legal entities to streamline the process. From the initial evaluation of your eligibility to the final sealing of records, we ensure each phase is handled with professionalism and diligence.

Understanding Local Expungement Laws & Procedures

• Jacksonville's legal landscape for expungements involves understanding state laws as well as local nuances. In Florida, statutes such as the Florida Statutes Chapter 943 define the eligibility and procedural requirements for expungements and record sealing. It is essential to navigate these laws with a detailed approach to ensure compliance and avoid delays. Our team is well-versed in both the general and specific requirements as they apply locally in Jacksonville.
• Local Agency Interaction: Clients may need to interact with various local agencies, including the Duval County Clerk of Courts. Understanding the roles and required documentation for these interactions can expedite the expungement process. Our firm assists in preparing all necessary paperwork and guides clients through these interactions, ensuring that all local procedures are observed precisely.

Qualifications for Expungement & Record Sealing

Similar to the conditions applicable to those applying for the sealing of their criminal record, those who seek to get their criminal record expunged:

• Must have no prior convictions.
• The charge in question must be dropped, dismissed, or result in a Nolle prosequi (a decision not to pursue, with no information filed). Call us to discuss your case, and we will help you determine if you qualify to apply for an expungement.

If you have been adjudicated guilty (convicted as an adult) of a criminal offense, including a criminal traffic offense such as DUI or DWLS, criminal ordinance violation, misdemeanor, or felony, you cannot qualify for having your record sealed or expunged.

Further, the State of Florida provides only one opportunity to petition for sealing or expungement in a lifetime, unless the judge determines an additional arrest was directly related to the original arrest.

Exploring Your Eligibility Options: While eligibility criteria can seem daunting, our team is dedicated to clarifying these requirements in the context of your unique situation. We invite you to a consultation where we assess all aspects of your criminal history and discuss your eligibility in detail. This proactive evaluation can pave the way to a clearer path forward, ensuring your time and efforts are effectively directed toward possible remedies.

A criminal record can follow you, show up unexpectedly, and prevent activities others can freely participate in. Applying for jobs? Your criminal record might prevent you from being hired. Adopting a child? A criminal record can make this task difficult, too. Buying a firearm? It's not possible if your record has certain charges.

These scenarios don't just apply to major crimes; even a minor charge from decades ago can reappear. Options are available to make such events disappear by getting them expunged or sealed. Expunging your record means removing the criminal charge from your record, while sealing your record means it's only accessible to government agencies, not the general public. Here are three things you need to know about the process:

Certain Criminal Offenses Cannot Be Sealed or Expunged

While most offenses are eligible, if your record involves a prohibited offense, you cannot expunge or seal your record.

Although a non-exhaustive list, the prohibited offenses include:

• Sex offenses
• Kidnapping or false imprisonment
• Crimes against children
• Voyeurism
• Fraud
• Drug trafficking
• Domestic violence
• Acts of terrorism
• Dangerous crimes as defined in 041, Florida Statutes

The Scope of Ineligible Crimes: It's crucial to understand that certain offenses are ineligible for expungement or sealing due to their severity or public safety concerns. Our legal professionals possess a comprehensive understanding of these restrictions and offer guidance tailored to your scenario. By consulting with us, you can understand the impact of each offense type and explore legal pathways consistent with current laws.

It’s a One-Time Deal

You can only have your record sealed or expunged once, so if you have multiple qualifying criminal charges, choose wisely. For instance, if you have a prior misdemeanor with adjudication withheld and a later felony charge that's been dismissed, your best choice may be to expunge the felony charge. Both cannot be done.

Prior criminal charges don't need to affect your future. If you qualify to expunge or seal your record, then it is possible to move forward untouched by a momentary lapse in judgment. For more information regarding sealing and expunction, please click here.

Choosing the Right Legal Strategy: Deciding which record to expunge can be complex when multiple charges exist. Our legal consultants assist in making informed decisions, aligning with your life goals, and ensuring the most impactful charge is expunged. This strategy hinges on maximizing your legal opportunities and moving forward with confidence and clarity regarding your legal standing.

Sealing vs. Expunging a Criminal Record

When a record is sealed, the public no longer has access to the record through government databases. For employment background checks, this means most employers won't have access to the information. However, please be aware that city, county, state, and federal government agencies will continue to have access to your criminal record.

There are instances where you still must acknowledge an arrest. You cannot deny or fail to acknowledge the arrest if you’re applying to change your immigration status, are a defendant in a criminal case, or are applying for any of the following: a job with a criminal justice agency, contract with, or license by the Department of Children and Family Services, a job with the Department of Juvenile Justice, the Department of Education, any district school board, any university laboratory, and charter school, any private or parochial school, or any local government entity that licenses childcare facilities; or for use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or a job with or access to a seaport, or admission to The Florida Bar; or petitioning to seal or expunge.

• Comparing Sealing & Expungement: Understanding the differences between sealing and expungement is critical to making informed legal choices. Generally, expungement offers broader privacy by completely removing a criminal charge from public records. Conversely, sealing offers protection from public view but retains government agency access. Discussing your situation with our seasoned attorneys helps in choosing the appropriate legal remedy, ensuring your distinct requirements are met with precision and care.

Frequently Asked Questions

What Are the Steps to Apply for Expungement in Jacksonville?

The expungement process in Jacksonville involves several key steps and requires close attention to detail. Initially, a petition must be filed with the court, which includes a detailed affidavit outlining the reasons for the request. After submission, the application undergoes a review by the State Attorney’s Office, assessing its compliance with legislative requirements. Once approved, a court hearing is scheduled to discuss the petition. At The Law Offices of Kate Mesic, P.A., we assist clients throughout each step, ensuring all documents are accurately and effectively presented to meet the necessary qualifications.

How Can Expungement Affect My Employment Opportunities?

Having a record expunged can significantly enhance employment opportunities by removing barriers posed by a public criminal record. Many employers conduct background checks and often exclude candidates with a criminal history. By expunging your record, you can legally state that you do not have such a record, opening doors to positions that were previously inaccessible. Our clients frequently report increased job prospects following successful expungement, showing a direct connection between legal action and career growth.

Can All Charges Be Expunged?

Not all charges qualify for expungement. In Florida, certain serious offenses are barred from expungement or sealing, including sex offenses, violent crimes, and crimes against minors. Each case is unique, and it is crucial to consult with a legal professional to determine your eligibility based on your specific circumstances. 

At The Law Offices of Kate Mesic, P.A., we conduct thorough reviews to explore all possible pathways for expungement, ensuring clarity and transparency throughout the process.