Articles Posted in Expunging and Sealing Criminal Records

Right now, you cannot turn on the television or open a newspaper without hearing about the declining economy and rising unemployment. In Florida, many people are losing their jobs and looking for new ones. This creates a surplus of potential employees and a shortage of jobs for Floridians to fill. More than ever, it is important that employees make themselves as marketable as possible. Therefore, a Jacksonville criminal history can limit a person’s chances to get a job.

This is why it is important to seal or expunge your Florida criminal arrest record. You can get a Florida Criminal Background Check through the FDLE’s website. While the FDLE charges a fee for the online service, you can request a personal records review for free. However, this will take much longer. If you have ever been arrested or issued a criminal citation (notice of appearance) in Florida, you should request a Florida Criminal Background Check.

Florida law (FSS 943.0585 and 943.059) permits a Florida criminal defendant to seal or expunge a Florida criminal record. If you would like to seal or expunge your Florida criminal arrest record, contact a Jacksonville Criminal Defense Lawyer. Florida law requires that you meet certain eligibility requirements to seal or expunge a criminal record in Florida. Therefore, the assistance and guidance of a Jacksonville Criminal Defense Lawyer may prove invaluable in your Jacksonville Criminal Record Seal or Expunge.

You do not need to be convicted of a crime in Florida to have a Florida Criminal Record. If you were arrested or issued a notice to appear (criminal citation), this will create a Florida Criminal Record. Your Florida Criminal Background History is available online to anyone that is willing to pay $24 for it on the Florida Department of Law Enforcement’s website (see FDLE webpage). Additionally, most criminal court records are public record and available online in most Florida counties. For example, if you are seeking a Jacksonville criminal record, you may search the Duval County Clerk of Court’s website. This is open for anyone to see. You can stop this by petitioning to have your Florida Criminal Record sealed or expunged.

To learn more about sealing or expunging your Florida Criminal Record contact a Jacksonville Criminal Defense Lawyer to review your Florida Criminal History. In addition, you must meet certain requirements to seal or expunge an arrest in Florida. That is where a Jacksonville Criminal Defense Lawyer may prove to be invaluable, I will be able to review your Criminal History and make the initial determination as to your applicability to having your Record Sealed or Expunged.

Today, I argued in favor of a Jacksonville Petition to Expunge a Sexual Battery Record. Originally, I filed the Petition asking the court to expunge my client’s Jacksonville record. He was charged with sexual battery and the charge was dropped. Without a hearing on the matter, the Duval County Circuit Court judge denied the petition. Therefore, I set the matter for a full hearing.

At the hearing, the State Attorney argued that the reason the Jacksonville Sexual Battery Record should not be expunged was due to the fact that the State Attorney may want to use the record against the client in the future if another charge arises. However, the Florida First District Court of Appeals has ruled that this is not a valid reason to deny a petition to expunge (VDF v. State, 19 So. 3d 1172, 1175 (Fla. 1st DCA 2009). I presented this case and other Florida cases like it to the judge. The judge followed the law and granted the Jacksonville Petition to Expunge the Criminal Record.

Florida Statute Section 943.0585 clearly states “that it “does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court.” VDF v. State, 19 So. 3d 1172, 1174 – 75 (Fla. 2009) (citing Wells v. State, 807 So. 2d 206, 207 n.2 (Fla. 5th DCA 2002). If “a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial court the discretion to deny expunction . . . ‘if there is a good reason for denial based on the facts and circumstances of the individual case.'” VDF,19 So. 3d at 1175.

In VDF, a Jacksonville criminal defendant petitioned to have his record expunged. The trial court denied his petition and sealed the record instead. The trial judge “determined ‘based on the totality’ of what had been presented at the hearing that the records would be sealed, but not expunged, so that it could be determined at some later time whether it would be appropriate for law enforcement to have access to the records.” The Jacksonville criminal defendant appealed. The appellate court reversed the trial court’s decision ruling that “denial of VFD’s petition on grounds that the re-cords, if not expunged, might–for reasons applicable in any case–prove useful in the future falls short of the exercise of discretion that the statute requires.”

See Jacksonville Lawyer Gets Court Order Expunging Sexual Battery Record.

Yesterday, the Florida First District Court of Appeals filed an opinion on a Jacksonville record expunction case, 

36 Fla. L. Weekly D275a. Last year, a Jacksonville criminal defendant, appealed Judge Elizabeth Senterfitt’s denial of his petition to expunge his criminal record. The Florida appellate court ruled that Judge Senterfitt’s “reasons for denying his petition were not sufficiently related to the particular facts and circumstances of his case.” At the hearing, no evidence was presented and the judge: 

“entered an order denying Appellant’s petition based on the nature of the charge and the nature of Appellant’s occupation. According to the order, Appellant works at a car wash where he has contact with the public, “obviously including children.” The trial court opined that the public’s compelling interest in knowing the character of those who provide a service to the community, particularly the children of the community, justified denial of the petition.”

The Florida appellate court reasoned that “a trial court must weigh the policy of public access to records against the ‘long-standing public policy of providing a second chance to criminal defendants who have not been adjudicated guilty.'” Indeed, “the court’s discretion must be exercised based on the particular facts and circumstances surrounding the records at issue, and not solely on the nature of the charge.” A trial court cannot “deny a petition for expunction based on facts that would be applicable to any person seeking such relief.”

Jacksonville former firefighter, Daniel Foote, was arrested for Jacksonville Sexual Assault. He was accused of rape but released from jail on April 23, 2010. He was arrested after a woman alleged that he sexually assaulted her, and police linked him to DNA evidence. Later, the woman recanted and stated that the sexual encounter was consensual. This led to his release.

Although Mr. Foote is no longer in custody, his charges have not been dropped. Indeed, I anticipate that charges will be dropped. However, this will not clear this charge from his Florida Criminal Record. In order to have these charges expunged in Florida, he will need to have the charges dropped. Additionally, he cannot have any prior convictions. According to News4Jax.com, he has a prior charge, which may have resulted in a conviction, and if this is the case, a Florida Record Expunction will not be permitted.

Can you expunge a Florida aggravated battery or domestic battery record if the charges were dropped?

A Florida criminal record may be sealed pursuant to Florida Statute Section 943.0585. Florida Statute Section 907.041 provides a list of crimes that cannot be sealed. However, if the charges were dropped, then, you can expunge your record. The enumerated list of crimes do not apply when petitioning to have your record expunged. If the charges were dropped, the FDLE will not reject a Florida Criminal Defendant’s application for a certificate of eligibility, assuming all other necessary conditions are fulfilled. However, if the original offense was a violent crime or was a sexual offense, it will be more difficult to have the petition to expunge granted. Therefore, it is important to be well prepared for a hearing and hire a Criminal Record Expunging Attorney.