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Having a criminal record follow you wherever you go can have a significant impact on your life. Not only could you find it difficult to find a good job or a safe place to live, but you may also be ineligible for things such as federal student loans and other benefits due to your record.
Fortunately, being charged with or convicted of a crime doesn’t necessarily mean it will stay on your record forever. In some cases, you may be eligible for an expunction, which could clear your name so you can get on with your life. This is where a criminal defense lawyer can be invaluable.
Below, we go into greater detail about what types of crimes are eligible for expungement and what types of crimes will remain on your record indefinitely.
Florida Crimes That Can Be Expunged
There is a big difference between sealing a record and having it expunged. When a record is sealed, the record still exists and is available to certain specific parties when needed. But when a record is expunged, it legally never happened. Many different types of crimes that can be expunged in Florida.
First, if you were charged with a crime but your case was dismissed, almost any type of criminal charge can be sealed and expunged, with some exceptions. However, sex crimes such as voyeurism, sexual battery, and sex crimes involving children cannot be sealed or expunged.
Most felony convictions will also be ineligible for record sealing or expungement. You must work closely with your lawyer to determine the likelihood of expungement in your case.
What Types of Convictions Cannot Be Expunged in Florida?
The list of crimes that cannot be expunged is extensive. Some of the most common crimes that are not eligible for expunction include assault and battery, kidnapping, manslaughter, arson, homicide, carjacking, and home invasion, to name a few.
In order to move forward with an expungement, you must meet the following criteria:
- You haven’t plead guilty to an ineligible crime
- You have never had a record sealed or expunged in Florida
- You are not currently on probation, pretrial release, or house arrest
- You have never been found guilty of any criminal offense
The rules for obtaining an expungement can be complex, so if you are unsure whether you meet the qualifying criteria, or if you are interested in discussing the possibility of sealing or expunging your record in Florida with a highly experienced legal professional, reach out to Michael Fayard, Attorney at Law to discuss your options.
Get in Touch with a Florida Criminal Defense Lawyer
If you believe that you may be eligible for an expunction, or if you are unsure whether you qualify to have your criminal record expunged, reach out to experienced Florida criminal defense lawyer Michael Fayard, Attorney at Law. You can schedule your free, no-obligation consultation by submitting the online contact form included at the bottom of this page or giving the office a call at 941-306-1310.
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