expungement | Ferraro Law Group, PL | Page 4

expungement

The Four Requirements For Cleaning Up Your Criminal Record

Being arrested for a crime has consequences beyond the initial arrest and outcome of the case. If you are convicted, the arrest will appear on your criminal history record, and this may prevent you from getting a job or certain licenses. When facing criminal charges it is important to not only aggressively defend the case against you, but to also look forward to what your life will be like after the case completes. For some charges, this will include taking steps to expunge the charge from your record. An expungement will give you a clean record, and can help you when applying for school, for a job, or even when trying to buy a home.

In order to have a record expunged, certain requirements must be met. There are four basic requirements according to the relevant Florida law on expungement of records. Here is the list of standards that must be met in order for you to be successful when seeking to have your criminal record wiped clean:

  • You were arrested, but no charges were ever filed against you.
  • The charges against you were dismissed.
  • A not guilty verdict was entered at the end of a trial.
  • If you opted to go on probation, you successfully completed the terms and have paid all the fines and costs associated with the case.

If any one of the above fours scenarios apply to you, you may seek an expungement of your record. When doing so though, it is important to remember that a request to have your criminal record sealed does not automatically mean an order of expungement is entered. You first have to ask the Court to approve your request, and even if it is approved there may be instances where the information is still visible. One common circumstance where the arrest record might still be found is if you are applying for a governmental job. So, before you make the decision to file a request for an expungement, call our office to find out if the results will be what you are after. To learn if expungement is the answer to your needs, call our office.

For answers to questions about how to expunge an arrest record, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach workable solutions. Your first visit is a free initial consultation.

 

The Short List Of What You Can Expect From Sealing Your Record

We all make mistakes, and it is a shame when those mistakes follow us from young adulthood for our entire lives. Criminal charges that remain on your record can impact your ability to get a job or certain licenses at some future point. One thing you can do to avoid these undesirable consequences is to seek expungement of the charges from your record. Expungement is a legal mechanism that works to seal your record from public view, which gives you a fresh start when job seeking or applying to college.

In order to have a record expunged you must undertake certain steps. Among the steps to have your record expunged are filing a motion for expunction, and presenting evidence in support of that motion. If successful, you can expect these things:

  • The notation of the charge will not be publicly visible.
  • Certain law enforcement and governmental agencies will still have access to the information.
  • An expungement does not mean the charge was never filed, just that it is removed from your criminal history record.

Expungement is beneficial when it is applied appropriately. For example, did you know a DUI conviction will remain on your record for the duration of your life? The conviction does not automatically drop off your criminal history after a certain amount of time, or upon the happening of a certain event. This is why it is critical you make agreements regarding any probation and/or deferred sentence that keeps the conviction of your record or that you seek to have your record cleared. We can help you determine if the things on your record are eligible for expungement, and help you gain freedom from a detrimental criminal record. We understand the requirements for having charges taken off your record and will explain the process to you thoroughly. Our approach is tailored to the specific facts of your case, to ensure the results obtained make sense. This includes providing vital information about the effect an expungement has, because in some cases expungement is not the answer. Before you undertake an action that may or may not yield the desired results call us today for more information.

If you have questions about how to clear your criminal record, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. We aggressively defend you and work to maintain your driving privileges. Your first visit is a free initial consultation.

Two New Proposals To Expungement Of Juvenile Records

When you are convicted of a crime it stays with you on your criminal record. This is true even for juvenile offenders. Having a record haunt you at such a young age can seriously impact your future because you may be required to report the incident when applying for college, the military, or for a job. Because the State of Florida’s process for maintaining the privacy of juvenile records has long been considered inadequate, changes may be on the way. House Bill 205 was introduced earlier this year and if passed there will be beneficial new laws with regard to expungement of juvenile records.

The bill proposes a lot of things, two of the most important as far as expungement of juvenile records goes include:

  • Reducing the amount of time a person has to wait after turning 21 to seek expungement. Currently the wait period is 5 years after the 21st birthday. This means detrimental information can remain on your record until you are 26. This can pose significant problems when seeking employment and other opportunities.
  • Tightening measures on keeping juvenile records private.

Everyone deserves a second chance. With youthful offenders most times criminal offenses are the product of immaturity. Defining a person by the actions of their childhood makes it hard to move past the incident and live a productive adult life. If the above changes are made, hopefully juvenile offenders will have the chance to enjoy the benefits meant to be provided by the juvenile justice system; which largely include rehabilitation. Keep in mind these changes would not apply to serious offenses. If you are unsure as to whether you qualify, call our office for analysis.

For more information on expungement, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.

Four Ways To Clear Your Criminal Record

When you are arrested for a crime there are several things you need to resolve in order to take back your life. Satisfactory resolution of the charges against is the number one priority, and usually involves staying out of jail. This can be accomplished by presenting an effective defense, or through skilled negotiation for a reduction in the charges. The approach taken depends on the particular facts of your case, and the type of case against you. Qualified criminal defense attorneys review your case and determine which type of strategy will work best for you. Once your case is over, your concern should shift to what you can do to clear your criminal record, if one resulted. Having a clean record helps you to get better rates on loans, rent an apartment or home, and get a job. In order to wipe the slate clean, you can seek an expungement of your record.

To qualify for an expungement of your criminal record under Florida law the following four facts must be examined:

● There was an arrest, but no charges filed.

● If charges were filed, they were later dismissed.

● Any trial of the cases against you ended in a not guilty verdict.

● For cases where probation was the result, all terms were complied with and all fines have been paid.

Keep in mind a request for expungement does not automatically result in the sealing of your criminal record. You are required to present your case to the Court for approval prior to an order of expungement being entered. Even then, there are certain instances where the information is still visible. For example, if you are seeking an expungement in order to get a job it is important to know that some employers still have access to your records. This is true in instances of governmental employment, and before asking the Court to expunge your record you should know if the result will be beneficial. To learn if expungement is the answer to your needs, call our office.

If you have been arrested and want to have your criminal record sealed, call our office to learn your options. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

Three Reasons You Can Expunge A Criminal Record

Nowadays there are records of everything; from your prescription history to how many times last month you got a massage or haircut. Some records are harmless, but others can create real problems in your everyday life. A criminal record can make it hard to get a job, a loan, to rent an apartment, or even a car rental. But, there is good news! In certain instances you can wipe the slate clean and have the evidence of a criminal past erased from your record.

The circumstances for an expungement are limited, and to figure out if you qualify a consultation with a criminal defense attorney is beneficial. Under Florida law you will qualify to seek expungement of your record in any of the following instances:

● Charges were never filed, even if you were arrested.

● Charges were filed, but later dismissed.

● The result of your case was a finding of not guilty.

These three reasons you can expunge a criminal record are not the only reasons expungement is available. Your case is unique and the facts will dictate what you are entitled to seek. For example, in cases where you were put on probation, you can have the charges expunged if you were successful on all the terms of your probation. You also will have had to pay all the fines due in order to seek expungement. An expungement of your record makes it impossible for the charges to be seen by most people, but there are still those with access. For instance, if you are seeking a job with the government the charges might still be visible to that particular governmental agency. The same is true of jobs in law enforcement. If you have charges you’d like to have expunged, call our office to find out if you qualify and how to initiate the process.

If you have questions about how to wipe your criminal slate clean, call a knowledgeable criminal defense attorney in Stuart and the Treasure Coast for help. Call us today to schedule an appointment that includes a free initial evaluation of the facts of your case.

I Can Finally Breathe Again!

Having a criminal record can interfere with your ability to obtain employment and certain other privileges. Without a job it will be difficult to support yourself and your family. The weight of the knowledge that your past follows you around can cause undue stress and anxiety, leading you to settle for less than you deserve. In certain circumstances though, you can get a fresh start and breathe again. If you are eligible to have charges against you erased from your record (expunged), you can face your future with confidence.

The law in Florida that allows a person to wipe the slate clean contains certain requirements. To expunge a criminal record, you must show one of the following:

● An arrest was made, but no charges were ever filed.

● The case against you was dismissed.

● A not guilty verdict was entered.

If you meet any one of these requirements, it is in your best interest to seek an expungement of the charges. Once expunged, the record of the case is no longer visible to most people or entities that initiate a search. You are also able to check that box that says “no” when asked on an application if you’ve ever been convicted of a crime. One word of caution though, certain governmental agencies might still have access to your record, so it is always a good idea to be up front about your past when dealing with these groups. To make sure an expungement will have the impact you desire, partner with a knowledgeable criminal defense attorney. And, breathe again.

 

For more information about clearing your record of past criminal charges, call our office. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.

Three Requirements To Have Your Record Expunged

Having a criminal record can have a negative impact on your life. You might be turned down for a job, to rent an apartment, or when applying to certain schools or for loans. These things can make it hard for you to be productive, and to support yourself. But, in certain instances you can ask for the notation that you have been charged with a crime to be removed from your record, and doing so will give you the clean record you need.

The rules for expunging a record, under Florida law require the following three things:

  • There was an arrest, but no charges were ever filed against you. This might happen if there is insufficient evidence to make the charges “stick”, or you successfully have damaging evidence held out in the case.
  • If charges were filed against you, they were late dismissed. This most often happens when you agree to a term of probation, and successfully complete that probationary terms.
  • If charges were filed but not dismissed, you can seek an expungement of the notation if you were found not guilty of the charge. The way to obtain a not guilty verdict is generally through trial, either to a jury or to the Judge.

The benefit of having a criminal charge expunged is that the information about the arrest and the charge are no longer visible on your record, to the general public. This means that if you are applying for a job, a loan, or to get into school there will be no record of the charges against you. While this is hugely beneficial to most people, it is important to keep in mind that there will still be instances where the arrest is visible. Certain law enforcement officials will always have access to the information, and if you are applying for a job within certain governmental agencies the information will be visible. So, before you take steps to have an arrest record expunged, call our office to find out if doing so will get the results you need. We have experience helping people make the right choice for their circumstances, and can help you too!

If you have questions about expunging an arrest or criminal record, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

 

Will My Record Ever Be Clean Again?

happy manHaving a criminal record can make it difficult to obtain employment, credit, and even find a place to live. The good news is that your future doesn’t have to be tainted by a criminal record. You can seek to have damaging information removed from your record. The circumstances under which criminal charges can be expunged from your record are limited, so consultation with a trained criminal defense attorney is a necessity.

You may qualify for an expungement under Florida law if any of these circumstances exist:

● You were arrested, but the charges were never filed after the arrest.

● The charges were dismissed or dropped.

● You were found not guilty at trial0.

● You successfully completed the terms of your probation, and all court costs and fines have been paid in full.

Even if you qualify for an expungement pursuant to the above, that does not mean the Courts automatically grants your request to have your record sealed. And, there are instances even after expungement where the information might still be visible. For example, if you are applying for a job in law enforcement or for the government, your record may still be available. To learn how the laws of expungement apply to the facts of your case, contact our office.

If you have been arrested and want to have your criminal record sealed, call our office to learn your options. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

How Can I Clear my Record?

happy ladyAfter a criminal case is over, many people want to take steps to clean their record. A clean record helps when looking for a job, seeking to reinstate driving privileges or when filling out applications for certain types of professional licenses. The way to clear your record of an arrest or charge is by either record sealing or expunction. When asking that your record be sealed or expunged, it is important to use an attorney familiar with the process. The criminal defense attorneys at Ferraro Law Group can help you clear the slate, which will help you reach your goals and plan for a more stable future.

In Florida, expunction, sometimes referred to as expungement of criminal records is available under certain circumstances. The first step is to file a petition making the request that charges are removed from your record. To be effective, there are certain things you must include in your petition for expunction. These things include:

● Certificates and sworn statements: The Department of Law must issue you a certificate of eligibility and you must make a sworn statement showing there was no finding of guilt for the crime you want to have sealed or expunged from your record.

● In general terms, for an expunction, either the case was dismissed, you were found Not Guilty, or you previously had the case sealed at least 10 years ago.  You can petition to Seal if you are not convicted (even if you are sentenced)and you have successfully finished all of the terms of your sentence and your probation has terminated.  If you have any convictions on your record, you will not be eligible to seal or expunge.

The timing of asking for your record to be sealed is after completion of any probationary period. Once you have been successful and complied with all terms of your probation, you are then permitted to request the Court seal the instance and once the Court grants this request the record of your arrest is no longer visible as a public record. However, it is important to note instances of domestic violence including stalking and kidnapping are never available for sealing or expunction. Your record will also still be visible if you are applying for a job with a law enforcement agency or the state bar. These unique instances are why it is critical to use an attorney that knows how to obtain an expunction and the effects of any order expunging a record.

If you are seeking expunction of an arrest, call an attorney that knows the rules. At Ferraro Law Group we help people clear their record and safeguard their ability to apply for jobs or seek reinstatement of certain privileges. Call today to schedule a free initial appointment with one of our knowledgeable criminal defense attorneys.

How Long Does Your Criminal Record Last?

Stuart Florida Seal and Expunge Record Lawyer

I may be able to seal or expunge your record.

Forever.  Unfortunately, that possession of alcohol charge that you picked up your freshman year will still show up on your record when you go for that first job interview.  One way to put yourself back on an even ground with the guy competing for that job is to seal or expunge your record.  If you seal or expunge your record, you can legally say you were never arrested.  And for the most part, if you seal or expunge your record, it won’t show up when a prospective employer does a criminal background check.  There are some exceptions.  For example, if you are applying to work in fields that have contact with children or the elderly (generally schools and hospitals), those industries will still have access even if you seal or expunge your record.  Or, if you are trying to get admitted to the Florida Bar, it also will have access even if you seal or expunge your record.While the end result of sealing or expunging your record is very similar, whether you are eligible to seal or expunge your record depends on how your case was resolved.

What makes you eligible to seal  expunge your record?

You can expunge your record if you have no prior convictions and you were found Not Guilty, the case was not prosecuted or otherwise dismissed, or it was sealed ten or more years ago.

You are eligible to seal your record if you have no prior convictions and you were not convicted in the instant case.  If the Court withholds adjudication, you are still eligible to seal if you are otherwise eligible.

What excludes you from sealing  expunging?

You are not eligible to seal or expunge your record if you were convicted of the offense, or any other criminal offense in the past.  Additionally, you can never seal or expunge a DUI and certain other crimes set forth in the Florida Statutes.  You can only seal or expunge one case in your life (although sometimes multiple cases can be sealed or expunged together if they are related to each other).

Give us a call.  We can usually tell you in 5-10 minutes whether or not you are eligible to seal or expunge your record.