The Promise of Sealing and Expungement: Overcoming the Stigma of a Criminal Record

Having a criminal record can be a significant hurdle, leading to challenges in securing employment, housing, and other opportunities. However, sealing or expungement offers a legal pathway to mitigate these issues, providing a chance for a fresh start. It's important to note that while the concept of sealing or expungement is relatively universal, the specific processes and eligibility criteria can vary widely across states. Despite these variations, sealing or expungement represents hope and the opportunity to redefine one's life.

 

What is Sealing or Expungement?

Sealing or Expungement is the legal process of having arrest and conviction records sealed, or destroyed, effectively removing them from most background checks. This means that, for many purposes, the incidents no longer appear in an individual's legal history, which can significantly ease the pursuit of new opportunities.

 

Sealing v. Expungement

In Florida there is a legal distinction between sealing a case and expunging a case. To seal the records of a case means that the court file is, quite literally, placed in a large box or envelope that is wrapped and taped (think duct tape over a manilla envelope) such that no one can view its contents. It cannot be unsealed without a court order. All record of the case in public records is removed and the arresting agency is also ordered by the court to seal any records they have related to your arrest. Once a record has been sealed for 10 years, it can be expunged. Sealing is appropriate for cases that did not result in a conviction, often the phrasing used at sentencing is that "adjudication is withheld." Expungement is appropriate in cases where a person was arrested and charges were never filed, or if, having been filed, charges were later abandoned by the prosecution or dismissed by the court. When the record of a case is expunged, the file is destroyed, all public access records of the matter are removed, and the arresting agency is ordered to destroy their records, as well. In Florida, one record of each matter sealed or expunged is maintained by the Florida Department of Law Enforcement. If you are considering having your case sealed or expunged, you should keep a copy of all important records related to that case in your own file. 

 

 

Eligibility for Sealing or Expungement

Generally, sealing or expungement is possible for certain categories of cases. Cases involving arrests and charges that did not lead to a conviction are usually candidates for sealing or expungement. However, it's important to understand that serious offenses, such as violent crimes, serious driving offenses, and federal crimes, are typically not eligible for expungement. Also, in Florida, you must have no criminal convictions anywhere in order to get a matter sealed or expunged. 

 

Consequences of Sealing or Expungement

It's crucial to know that sealed or expunged records may still be visible to law enforcement and certain federal agencies. When applying for certain jobs or state licensing, you may be legally required to disclose sealed or expunged cases. For instance, a person who applies for a license to practice law in Florida must disclose to the Bar any sealed or expunged cases. (Which is one example of why it is important to keep your own copies of case paperwork before sealing or expunging a file.) However, for most situations like employment or housing applications, the records can no longer be disclosed, allowing individuals to move forward unburdened by their past.

 

Procedure for Obtaining Sealing or Expungement

Sealing or Expungement is typically granted at the discretion of a court. The process involves petitioning the court for the sealing or expungement of non-convictions and arrests, which requires obtaining and submitting the necessary forms, often available from the court or its website. Following the court's outlined submission process is critical in successfully obtaining expungement. There are multiple steps in the process and it is both a time-consuming and lengthy process. 

 

Variability by State

The sealing or expungement process and allowances differ by state, which means while some states permit the sealing or expungement of certain felonies and misdemeanors, the specifics can vary greatly. It's essential to understand the particular laws and regulations of your state to navigate the sealing or expungement process effectively.

Sealing or Expungement can have a profoundly positive impact on an individual's life, opening doors to employment and other opportunities that were once closed. If you're considering sealing or expungement, consulting a legal expert familiar with your state's laws is indispensable. Share this post with anyone who might benefit from learning about sealing or expungement, and reach out to a lawyer specializing in criminal law to explore your options.