If you’ve been arrested or charged with a crime in Lake County a record will automatically be generated and maintained by the government. That record is viewable by the public. This is true even if the charges are against you were dropped or diverted. These records are maintained by various government agencies including The Lake County sheriff’s department, the arresting agency (Clermont PD, Eustis PD, Groveland PD, Lady Lake PD, Leesburg PD, Mount Dora PD and Tavares PD……), The Lake County State Attorney’s office and The Lake County Clerk of Court. Those records of your past can be easily viewed by potential employers, neighbors or the general public. This is not helpful especially after getting the charges against you dropped or diverted.
Whether you are applying for a job, trying to get a loan, or looking for an apartment, your criminal history will always draw unwanted attention even if you were wrongfully accused. It is frustrating when the charges go away but the records still hurt you in the public eye. As Criminal defense attorneys we frequently talk to individuals with retail theft charges, resisting arrest or other charges in Lake County. Once they’re done with a diversion program leading to their case being dismissed, charges get dropped or have had their record sealed for at least ten years, our Lake County record expungement attorneys can file the expungement paperwork with the Florida Department of Law Enforcement.
ARE YOU ELIGIBLE TO
GET YOUR LAKE COUNTY RECORD EXPUNGED?
In order to have your
record expunged in Tavares, the following must apply to your case:
1.Either your case has
been dismissed or completed a diversion program (you are eligible as soon as
the case is formally closed) or have had your record sealed for at least 10
2.You must have no
Adjudications of Guilt on your record for any criminal offense in any State.
3.You must have never
applied for a record sealing or expungement prior in any State. As of July 1,
2013, a previous seal or expunction of a criminal record in a jurisdiction
outside the state of Florida will not disqualify an applicant to seal or
expunge a Florida criminal history record.
4.Your crime must not be
one listed in Florida Statute 907.041 (Most sex crimes and violent crimes).
Any case can be expunged if it was dropped or dismissed and you are otherwise eligible.
WHAT IS THE
DIFFERENCE BETWEEN A SEALING AND EXPUNGEMENT?
Our Lake County record
expungement attorneys are frequently asked what the difference between sealing
and expunging a record is. In simple terms having your record sealed is like stapling
it shut and having it expunged destroys the record. The sealed record can be
viewed with a court order. The governmental entities listed in Florida Statute
943.059(4) (a) will be able to access a sealed record in its entirety. When a
record is expunged those same entities that have access to a sealed record will
be told that the subject of the record has had a record expunged. They cannot
access the record without petitioning a Court and receiving a Court Order.
Without petitioning a Court they would merely receive a boiler plate statement
stating something like, “criminal information has been expunged from this
record.” So, what’s the difference in real life? Unless you’re applying to a
governmental agency if your record is sealed or expunged the general public
will not be able to find the record. If you are applying to a government agency
they’ll know your record has been expunged but nothing else unless they go
through the difficult process of petitioning the Court. If your record is
sealed you must disclose it when purchasing a firearm. When your record is
expunged you can legally deny that is occurred even when purchasing a firearm. The
process is very similar so if you are eligible for expunction you might as well
go that route. You can only do this once in Florida. If you get adjudicated
guilty of misdemeanor attaching a tag not assigned you would not be allowed to
get your old marijuana possession charge sealed or expunged.
Florida Department of Law Enforcement likes to scrutinize the applications when
applying for an expungement. Our Lake County expungement attorney Kelly Johnson
has filed numerous applications for expunction and petition for expungements. She
also signed off on them as a former prosecutor. We understand what the
requirements are and what is necessary for an Order to Expunge. Since FDLE can
run around 6 months behind on processing applications, you should act quickly
to get the process started as soon as possible. FDLE approval is the slowest of
a multi-step process. Mount Dora record expungement attorney Kelly Johnson is
available to ensure that the process moves as fast as possible. Contact us to
see if your record is eligible to be expunged at 352-735-4342.
Attorney Kevin J. Pitts 4195 N 17-92 Sanford, Florida 32773 PHONE (407)-268-3688 CELL (407)-883-6853 FAX (407)-732-4834 firstname.lastname@example.org