Marc A. Joseph, P.A., Experienced Seal and Expunge Lawyers in Tampa
If you’ve been arrested and charged with a crime but were never convicted as an adult, or if you have a juvenile record, or even if you were arrested by mistake, depending on the circumstances, you may qualify to have your arrest record sealed or expunged.
However, there are some instances where you can never have your record sealed or expunged, even if you were never convicted of the offense for which you were arrested and charged. For one, if you were ever convicted of any criminal offense, you are not eligible. You also cannot seal or expunge your record if you were charged with:
• An act of domestic violence as defined under Florida law;
• Aggravated assault/aggravated battery;
• Sexual battery;
• Burglary of a dwelling;
• Stalking/aggravated stalking;
• Illegal use of explosives;
• Aircraft piracy;
• Child abuse or aggravated child abuse;
• Sexual activity with a child between the age of twelve and eighteen, by or at solicitation of a person in familial or custodial authority;
• Luring or enticing a child;
• Promoting a sexual performance by a child;
• Sexual misconduct with mental health patients or developmentally disabled persons;
• Abuse or aggravated abuse of an elderly person or disabled adult;
• Home-invasion robbery;
• Lewd, lascivious, or indecent assault or act on or in front of a child younger than sixteen;
• Lewd or lascivious offense on or in front of an elderly or disabled person;
• Act of terrorism;
• Drug trafficking or manufacturing;
• Procuring someone under the age of eighteen for prostitution;
• Organized fraud;
• Selling or buying of minors;
• Offenses by public officers and employees;
• Computer pornography;
• Showing or selling obscene literature to a minor;
• Sexual misconduct with mentally deficient or mentally ill defendants.
The foregoing list also includes attempting or conspiring to commit such crimes.
Is There A Difference Between Seal And Expungement?
When your criminal record is sealed, it means that the record will remain on file with the court and at the law enforcement agency that arrested you. The record is sealed inside an envelope, and the public will not be able to view the record. However, the record may be viewed if an order to unseal the record is sought and obtained from the court. The Florida Department of Law Enforcement also keeps a copy of the arrest record, but the clerk of court will clear the record from the court’s database.
When your criminal record is expunged, the record is destroyed by the clerk of court and the law enforcement agency that arrested you. The record will also be erased from the court’s database. Only FDLE will retain a copy of your arrest record.
Contact Dedicated and Knowledgeable Tampa Seal and Expunge Attorney Marc A. Joseph, P.A. Today for Your Free and Confidential Consultation
If you have been arrested and charged with a crime in Florida, depending on the facts and circumstances of your case, and depending on your criminal history, you may qualify to have the arrest record sealed or expunged. Remember, even if you are never convicted of the offense for which you were arrested, you still have a criminal record that can adversely impact your ability to obtain a job or even student financial aid. But with a sealed or expunged record, you don’t even need to tell potential employers that you’ve been arrested. At Marc A. Joseph, P.A., we can help you determine your eligibility and guide you through the complex application process. Contact Tampa Seal and Expungement Attorney Marc A. Joseph, P.A. today by calling (813) 234-6374. We are available 24/7 so call anytime to schedule your free consultation and learn what we can do for you.