Your criminal record is an important reflection of your standing within your community. The attorneys at O'Mara Law Group can help you improve your prospects for the future by ensuring that your record is either sealed or expunged entirely.
Sealing and Expungement of Criminal Records in Florida
A criminal record can have a lasting impact on your relationships, housing options, and career. Florida law allows for the sealing or expunging of certain criminal records, providing a path for a fresh start and better future opportunities. Our expungement attorneys in Orlando can guide you through clearing your record.
What Are Record Sealing and Expungement?
For those who qualify, sealing and expungement are legal processes to hide or remove criminal case records from public view. The difference between these two processes is in the level of restriction placed on the records. State law on sealing and expungement is found in the Florida Statutes as follows:
- Section 943.059 -- Court-ordered sealing of criminal records: A sealed record is not accessible to the public. However, it is still available to specific government entities, such as licensing agencies and law enforcement. The statute details eligibility, which records may be sealed, and other aspects of the sealing process.
- Section 943.0585 – Court-ordered expunction of criminal history records: This statute outlines the conditions for expunging criminal records in Florida, specifying which cases qualify, eligibility criteria, and the procedure for petitioning to expunge a record. Expungement is a more comprehensive form of relief than sealing. The records are physically destroyed, removing nearly all traces of the arrest and charges. However, certain government agencies may still have access to the information.
Who Is Eligible for Sealing or Expungement?
Eligibility for sealing records or an expungement in Florida depends on specific criteria; not all cases qualify. The following factors affect eligibility:
- Type of offense: Only certain criminal offenses qualify for sealing or expungement. Ineligible offenses include violent crimes, such as murder or assault; sexual offenses, including sexual battery; and crimes involving minors. Charges dismissed or for which you were found not guilty may be eligible for expungement, while other charges may qualify for sealing.
- Conviction status: You must not have been found guilty or pleaded guilty to the offense for which you seek sealing or expungement. You may qualify under certain conditions if you received a withhold of adjudication in which the court did not formally convict you.
- Record status: In Florida, the general rule is that you may only seal or expunge one record in your lifetime. Even if the charges would otherwise qualify, you may not pursue the process again if you have already sealed or expunged a record. Limited exceptions to this rule include administrative expungement for a record that stems from an arrest made in error (wrongful arrest or mistaken identity), automatic expungement of juvenile records, and special court orders in unusual cases.
What Are the Benefits of Sealing or Expunging Records?
Removing a criminal record can provide substantial benefits, including the following:
- Employment opportunities: Many prospective employers run background checks. Even a minor criminal record could disqualify you from certain positions. Sealing or expunging a record makes it possible to pursue a career without these limitations.
- Educational pursuits: Some colleges and professional training programs require applicants to disclose any criminal history. A sealed or expunged record could help open doors to more education and training opportunities.
- Housing access: Like employers, landlords frequently conduct background checks on prospective tenants. A visible record could limit your housing options while expunging or sealing could expand your choices.
Why Choose Us for Sealing or Expungement in Florida?
At O’Mara Law Group, we understand the life-changing impact of sealing or expunging a criminal record. With over 40 years of experience, our board-certified expungement lawyers in Orlando are committed to helping our clients make a fresh start. Contact us today if you are ready to take the first step toward clearing your record.
What Our Clients Say
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The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
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Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.
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Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!
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I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!
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Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!
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Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...
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Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...