Expungement and sealing are legal processes designed to help individuals with criminal records move forward in life. These processes can remove or hide past offenses from public view, making it easier to secure employment, housing, and other opportunities.

Expungement removes a criminal record entirely, making it as if it never occurred. Sealing hides the record from public view but keeps it accessible to law enforcement and certain government agencies. But how do you know if you’re eligible?

Understanding which crimes can be expunged or sealed in St. Petersburg is essential for those seeking a fresh start. This article explains the differences between these processes, the types of crimes eligible for each, and how to get through the application process with a St. Petersburg criminal defense attorney.

The Difference Between Expungement and Sealing in St. Petersburg

Expungement completely removes a criminal record from the public view. This means the records are physically destroyed or obliterated, making them inaccessible.

Sealing, on the other hand, hides the record from public view but keeps it available for certain purposes. Law enforcement agencies and certain employers can still access sealed records.

In a Nutshell:

Expungement: Records are destroyed.

Sealing: Records are hidden but not destroyed.

The effect is the same for you. The public cannot see the record of the crime. That’s what matters the most, so don’t get hung up on sealing vs expunging.

What Are the Benefits of Sealing or Expunging a Record?

Employment Opportunities: Many employers conduct background checks. A clean record improves job prospects.

Housing Prospects: Landlords often check criminal records. Sealed or expunged records can help secure housing.

Peace of Mind: Reducing public access to criminal history can reduce stigma and improve quality of life.

Understanding these processes helps individuals make informed decisions about their futures.

Understanding Eligibility Criteria for Expungement and Sealing Applications

While we all would like a clean slate, not every crime is eligible to be expunged or sealed. Read on to understand which offenses are and how they relate to your situation.

Crimes Eligible for Expungement in St. Petersburg

Expunging a criminal record in Florida can be a significant step towards a fresh start. In St. Petersburg, certain offenses may qualify for expungement. These include:

Dismissed Cases: If the prosecutor drops the charges or the court dismisses the case, it may be eligible for expungement.

Not Guilty Verdicts: Cases where the defendant is found not guilty by a judge or jury.

Arrests without Charges Filed: If you were arrested but no formal charges were filed against you.

Certain Juvenile Offenses: Specific juvenile records can be expunged if they meet certain criteria.

Examples:

– John was arrested for shoplifting, but the prosecutor later dismissed the case. John may qualify to have his record expunged.

– Maria went to trial for a minor offense and was found not guilty. She can apply to have her record expunged.

Understanding which crimes can be expunged in St. Petersburg is vital for anyone seeking to clear their record. These eligibility requirements help in moving forward with life without the burden of a criminal past.

Who Can Still See My Expunged Record?

In Florida, certain entities such as the Florida Bar, the Department of Children and Families, the Board of Education, and law enforcement agencies can still access expunged criminal records. This means that if you apply for a job or a license with these organizations, your expunged criminal case might still appear in their background checks, even if it has been removed from public records.

Crimes Eligible for Sealing in St. Petersburg

Certain crimes do not qualify for expungement but can be sealed under Florida law:

Convictions That Were Withheld: If adjudication was withheld, meaning there was no formal conviction.

Non-Violent Felonies: Some non-violent felonies may qualify if they meet specific criteria.

Examples:

– Laura was arrested for misdemeanor theft but completed a diversion program successfully. She avoided formal conviction and may qualify for sealing her record, improving her employment opportunities and other life aspects affected by her criminal record.

– Tom was found not guilty of a non-violent felony in court. He may apply to have his record sealed, preventing arrest and trial details from being accessible to employers or landlords, aiding his reputation and future.

– Samantha faced drug possession charges but had adjudication withheld after completing rehabilitation. Her record may be eligible for sealing, allowing her to move on without a publicly accessible criminal history affecting her life.

Sealing a record makes it inaccessible to the public, although some government agencies may still access it.

Crimes Eligible for Sealing in St. Petersburg

Certain crimes can be sealed but not necessarily expunged under Florida law. Understanding these distinctions helps clarify criminal record eligibility requirements. Here are some examples of offenses that can be sealed:

Non-violent misdemeanors: Simple theft or vandalism charges.

First-time drug offenses: Possession of small amounts of controlled substances.

Certain felonies: Non-violent felonies without prior convictions.

Prior convictions and previously sealed records may impact your eligibility. Individuals with previous seals or expungements might face restrictions when applying again. It’s essential to consult a knowledgeable St. Petersburg criminal defense attorney to handle these complexities.

Sealing a criminal record in Florida can significantly help with employment and housing opportunities. Knowing which crimes can be expunged or sealed in St. Petersburg is crucial for those seeking a fresh start.

Crimes That Cannot Be Sealed or Expunged in St. Petersburg

Certain crimes do not meet the criminal record eligibility requirements for sealing or expunging in St. Petersburg. These serious offenses include:

Murder Sexual offenses such as sexual battery and lewd acts involving minors Human trafficking Kidnapping

Individuals with prior convictions may find it challenging to meet the criminal record restrictions. Additionally, if a record has been previously sealed, it may impact eligibility for future sealing or expungement.

Understanding which crimes can be expunged in St. Petersburg is key for those seeking a fresh start. For more details on the application process, expunging criminal records in Florida, and specific eligibility criteria, refer to our earlier sections.

The Application Process for Record Sealing or Expungement

Applying for expungement or sealing in St. Petersburg involves several steps:

1. Obtaining a Certificate of Eligibility from FDLE

The first step is to get a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).

– Fill out an application form available on the FDLE website.

– Submit your fingerprints as part of the application. This often requires visiting a local law enforcement agency or an authorized fingerprinting service. – Pay the required fees, which can range from $75 to $100.

2. Fingerprinting Requirements and Associated Fees

You must provide a set of fingerprints taken by an authorized agency.

– Fingerprinting fees vary but generally cost around $25 to $50.

– These prints are used to verify your identity and criminal history.

Filing a Petition with the Court after Receiving Your Certificate of Eligibility

Once you have obtained your Certificate of Eligibility from the FDLE, follow these steps:

Prepare Necessary Documentation and Forms

– Obtain the necessary forms and documentation for filing a petition with the court.

– These forms often include:

– A copy of your Certificate of Eligibility

– Personal identification

– Details about your case and charges

File the Petition with the Appropriate Court

– Submit your petition to the court that handled your original criminal case.

– Include all necessary documents and pay any associated filing fees, which can vary by county.

Court Review and Hearing

– After filing, the court will review your petition.

– In some cases, you may need to attend a court hearing where a judge will decide whether to grant your request for expungement or sealing.

By following these steps, you can manage the application for the expungement process more smoothly. Working with an experienced attorney can help ensure that all requirements are met correctly.

Why You Should Use a Lawyer for Sealing or Expungement Cases

Finding legal assistance for record sealing or expungement is vital for those looking to clear their criminal records. A knowledgeable attorney, such as those at Battaglia Ross Dicus & McQuaid P.A., can guide you through the complex legal landscape.

An experienced St. Petersburg criminal defense attorney plays multiple roles in supporting your case. First, they provide tailored legal advice, offering personalized guidance based on your unique circumstances. They also develop an effective legal strategy, crafting a plan designed to maximize your chances of success. Additionally, attorneys work towards mitigating the long-term consequences of a criminal record, helping to reduce its overall impact on your life.

Attorneys manage all necessary documentation, ensuring that all forms are precisely filled out and submitted on time. They keep track of important dates and deadlines, relieving you of the administrative burden. More importantly, they represent you in court, presenting evidence, arguing on your behalf, and addressing any questions from the judge to effectively argue your case.

By handling these complex and critical tasks, a skilled attorney helps navigate the legal system and works towards the best possible outcome for their clients.

Contact a St. Petersburg Criminal Defense Attorney For a Free Consultation

At Battaglia Ross Dicus & McQuaid P.A., our history of success speaks for itself; we have helped numerous clients achieve favorable outcomes with the expungement or sealing of their cases. Dedication to clients is at the core of our practice, offering personalized attention and tailored strategies to meet your unique legal needs.

Take advantage of our free consultation to discuss your situation and explore your options for expungement or sealing of records. This initial meeting allows us to understand your case better and provide you with the best possible advice.

Why Choose Us?

Experienced Legal Team: Our skilled attorneys, with years of experience in record sealing and expungement, expertly handle your case using their deep knowledge of St. Petersburg’s legal system, ensuring every detail is meticulously reviewed.

Personalized Strategies: Each case is unique and requires a tailored approach. Our team crafts effective legal strategies specific to your situation, from gathering evidence to court representation, ensuring every step aligns with your goal of a clean slate.

Reducing Long-Term Effects: A criminal record impacts job opportunities, housing, and personal relationships. We focus on strategies to reduce these long-term effects, aiming to restore your reputation and help you move forward unburdened by past mistakes.

By choosing our experienced legal team, you are making an investment in a brighter future. Let us help you take the first step toward reclaiming control over your life. Contact us today to start on the path toward a fresh start.

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 (727) 381-2300

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 (727) 381-2300

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111