Imagine that you are interviewing for a job at the St. Johns Town Center in Jacksonville, FL. The interview goes extremely well. You talk with the manager, and he states that he would like to hire you. The company needs to run a Florida background check before they move forward with the hiring process. On your application for employment, you stated that you have never been arrested. This was not true. You have been arrested. You were arrested 7 years ago for Jacksonville grand theft. A week passes by and you never receive a call about the job. It turns out that you were rejected, because of the Jacksonville theft charge on your criminal record. Wait a minute! Those Florida grand theft charges were dropped. How did the employer see them? When you are arrested for a crime in Florida, it shows up on your criminal record. It does not matter that the charges were dropped. If your charges were dropped, you may be able to expunge your Florida criminal record. This would take the Duval County arrest off of your record. It will also allow you to deny your arrest on the job application. There are some exceptions to this rule, so talk to a Jacksonville criminal lawyer by calling (904) 564-2525. Florida’s Law to Expunge a Record is FL Statute 943.0585.
In order to get you criminal record expunged in Florida, certain requirements must be met:
- The case did not result in a criminal conviction. Either the prosecutor never filed the case or the charges were dropped or dismissed.
- If the criminal conviction was withheld or you were acquitted, your Florida record must have been sealed for 10 years. If you are trying to get a withheld conviction or acquittal expunged, you need to seal the Florida criminal record first, and then have the it expunged.
- You have never been been convicted of a criminal offense (felony, misdemeanor, or certain driving offenses).
- You have never had your record expunged or seal before (in Florida or any other state).
- There are certain Florida charges that may not be sealed. For a list of Florida’s disqualifying offenses, see Florida Statute Section 907.041.
- You must go through the Florida record expunction process.
Even if you are not eligible to for an expunction or expungment, you may still be able to seal your Florida criminal record. In order to seal your criminal record, you cannot have any criminal convictions. You may call (904) 564-2525 or email a Jacksonville lawyer at 20 Miles Law for help with this. Send an email by clicking on this “Find a Lawyer” link. The Florida Law Used Seal Criminal Records Duval Countyis Florida Statute Section 943.059.
To determine if your Florida criminal record can be sealed, you must answer a series of questions.
1. Were you adjudicated guilty of the offense that you would like to have sealed? In order to have your record sealed, you must have (a) received a withhold of adjudication or (b) were you found not guilty of the offense that you would like to have sealed.
2. Did you plea guilty or no contest to any of the disqualifying offenses listed below?
3. Have you been (a) convicted of ANY criminal offense as an adult or (b) adjudicated delinquent as a juvenile?
4. Are you on probation, parole, or under any other type of supervision?
5. Do you have any outstanding restitution, fines, or court costs?
6. Have you ever had your criminal record sealed or expunged before in any state?
If you answered “Yes” to any of the six questions above, you are not eligible to have your record sealed. Remember that answering these questions is merely a starting point and every case is different. In order to determine if your Florida criminal record can be sealed, you should consult with a Jacksonville Criminal Attorney at (904) 564-2525.