Expunge - Sealed Records
What Does It Take To Expunge Your Criminal Record?
You were found guilty and you served your time, now you want to expunge your criminal record. If you have been acquitted or have served the complete sentence for the crime you were convicted of, you can submit an expungement petition to the same court that convicted you. While this can be a lengthy process, the good news is it can be done under certain circumstances. However, it is important to remember that expunging a criminal record only removes it from public view; it does not actually erase the record entirely.
In the petition you submit, you will have to give compelling reasons as to why your request for expunging your criminal record should be granted. A judge will review the petition and then issue a ruling that will grant or deny your request. Keep in mind, however, that expunging a criminal record is not the same as being granted a pardon. It only removes it from public viewing. Law enforcement, the courts and government agencies such as the FBI, will have access to your past record.
When you can apply or petition to have your record sealed or expunged will depend upon the county or state you were convicted in. In Florida, particularly in Polk and Hillsbourough counties, it can take anywhere from three to five months to get the certification necessary to file the petition. No petition to expunge records will even be considered without that certification, irrespective of whether it is for a misdemeanor or felony record. Even if your petition is accepted, it will not happen right away. It all depends on when the paperwork is filed and how long the court takes to review the petition and complete the act. Once done, the record is no longer available for viewing by the public, which includes present, past or future employers.
The court however, will have access to past records, even sealed records. So, if you were to be arrested and charged with the same crime after the previous records were sealed, the court can still use your past criminal history against you. Again, this, too, can depend on the state. In some states, if you had been placed on supervision and the records were sealed, those records cannot be used against you if you have completed the supervision without getting arrested or charged with the same misdemeanors for at least 2 to 5 years.
There are crimes for which there is no chance of expunging those records. These include but are not limited to: DUIs, felony DUI, traffic violations, felony sexual assault, felony menacing, rape, and any other felony charges that would cause the offender to be registered as a sex offender. Do you believe that your past criminal history may be hindering your efforts at finding a job or housing? Call Attorney Phil Averbuck to petition the courts on your behalf and get your record sealed today.