What Crimes Are Eligible for Expungement?
By Jonathan Blecher on October 31, 2024
After a criminal conviction and paying your dues, you may quickly realize that you’ll be paying for this mistake for much longer than you thought. A criminal record can impact your job prospects when potential employers conduct background checks. It can also affect your housing opportunities and even your relationships.
When you’ve turned your life around after your criminal offenses, you may be hoping for a fresh start. Expungement laws allow you to remove your criminal history legally. However, not every offense is eligible for expungement.
Jonathan Blecher is a criminal law defense attorney who believes in second chances and works to help defendants protect their legal rights. In this blog post, you will learn about the crimes eligible for expungement as well as the expungement process for crimes, and how a lawyer can help you get that second chance to live your life on the right path.
What to Know About Sealing Criminal Records vs Expungement
The main difference between sealing records and expungement is that when you have your records deleted, the entire record is destroyed. These records will no longer be accessible to anyone conducting a background check.
When you have erased your records, you will no longer be legally required to disclose information about this crime to employers or educational institutions. Sealing records is different in that the history of your crime becomes hidden from the public record. However, it will be visible to other government agencies, such as the FBI or local law enforcement.
It’s important to understand that only certain offenses are expungement-eligible crimes. In other words, no matter how much of a new leaf you’ve turned over, you may not meet the requirements for expungement.
Criteria for Eligibility of Expunging a Criminal Record
Under state law, you must meet the metrics for expungement eligibility. These include:
- No prior expungement or sealing of your criminal record in the state or any jurisdiction
- No judgment of guilt (known as adjudication) for this crime
- You don’t have any probation, fines to pay or mandated supervision in place
Additionally, if your charges were dropped, dismissed, or you were acquitted, you can seek expungement. Here is what can’t be expunged:
Non-Violent Misdemeanor Withhold of Adjudication
If you have a non-violent misdemeanor case, you will likely be allowed to have it sealed. Misdemeanor offenses will only be expunged when they are dismissed.
First-Time Drug Offenses
Generally, if it’s your first arrest for drug possession, the law may be forgiving and allow you to seal your record.
Juvenile Offenses
Laws are also more lenient for those under 18 in the hopes of rehabilitation. The nature of the crime and the age of the offender will be considered, though in many cases, it may be automatically erased.
Arrest Records Without Formal Criminal Charges
If you were never formally charged or your case was dismissed, you can make an expungement request.
Felonies That Can’t Be Expunged in Florida
Felony cases that resulted in a conviction may never be sealed or expungeed Criminal withholds for felony offenses that involve the following are excluded from sealing:
Serious Violent Crimes
Violent crimes include murder, attempted murder, manslaughter, kidnapping, and assault with a deadly weapon.
Sex Crimes
Sex offenses, including child pornography, human trafficking, sexual battery, and child molestation are ineligible.
Domestic Violence
Anything involving felony domestic violence is excluded from expungement.
Additionally, any motor vehicle violation that causes another person serious bodily injury or results in a fatality will stay on your record.
The Expungement Process
There is a specific process for expungement that must be followed in the state once you have fulfilled the mandatory waiting period:
Get a Certificateb of Eligibility from Law Enforcement Agencies
Getting a record expunged requires first obtaining a certificate stating your eligibility from the FDLE to confirm that you are qualified.
Prepare the Expbungement Petition
If you are qualified, you can petition for felony expungements. You must fill in all the required details and explain why you are seeking a clear record.
Filing the Petition
Your petition must be filed with the court that initially presided over your case and has the court records.
Attend Your Hearing
You will then have a court hearing scheduled, which is best to attend with your attorney. Expect court fees and filing fees for this hearing.
Get a Court Order
If you are approved, the courts will order the expungement of your record.
Benefits of Having Your Record Expunged
When someone breaks the law under the age of 18, they typically get automatic expungement. However, even if that’s not the case for you, you may want to consider petitioning if you meet the qualifications.
Doing so means that you’ll have better job opportunities and housing prospects. You’ll also be able to access financial aid from educational institutions, making it easier to put your life on a solid track for success. You may even be able to apply for professional licensing in specific scenarios, allowing you to have a solid career.
Get Legal Help for Expunged Records
Clearing your record can help you put the past behind you and allow you to change your life in a positive direction. Depending on your arrest record, it may be possible to have felony charges expunged. If you have completed your sentence, it is wise to speak with a lawyer who can provide you with advice and help you take the proper steps through the process.
Attorney Jonathan Blecher believes that just because a person has a conviction doesn’t mean they can’t turn their life around. If you have been convicted, served your time, and have gone through the waiting period, it is worth learning more about removing the errors of your past from your record.
Most felonies, especially violent ones, may not qualify, though for defendants who have no violent history, it is generally possible to have it removed. Schedule a free consultation to discuss your unique situation and learn about the options available to you.
