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State Seal
Florida Expungement - The Who, What, When, Where, Why and How by Karen Philippin
The "Who"
A common preliminary question I am often asked is: do I have a criminal
record? And the answer is...if you have ever been arrested in Florida you
have a Florida criminal record. It doesn't matter if you were never even
prosecuted or the court dismissed the charges, what matters is the actual
arrest. And that arrest is public information, unless you elect to have it
sealed or expunged.
Many people also wonder if it makes a difference whether you want to seal or
expunge a felony charge or a misdemeanor charge. And the answer is...no! The
Florida statutes provide a list of eligibility requirements a person must
meet in order to have a record expunged or sealed, but the statutes do not
differentiate between felonies and misdemeanors. There are certain
"prohibited offenses" that you cannot have either sealed or expunged, but if
your charge is not on this list, then the same process applies to both
misdemeanor and felony cases.
The "What"
When a record is expunged in Florida, it means that the record is physically
destroyed. However, one copy of every expunged record is kept with the
Florida Department of Law Enforcement (FDLE). While the FDLE can reveal the
existence of an expunged record under certain limited circumstances, it
cannot reveal what is in that record.
Sealing a record means that the record is kept, but put under highly
restricted access. Sealed records are generally not available to the public.
The "When"
In terms of Florida procedure, it doesn't really matter when you decide to
begin the record sealing or expungement process. In practical terms, however,
sooner is better than later. Waiting potentially has serious consequences
that could affect your job, education, housing and financial prospects.
The "Where"
You must seal or expunge your record in the county of your arrest. Usually
the entire process can be completed via email and mail, without the need for
in-person office visits or court appearances. Some counties, however, still
routinely hold final hearings, in which case you would have to appear in
court.
The "Why"
There are many benefits to having a clear past. Once a record is sealed or
expunged, you can lawfully deny its existence and answer truthfully on
employment, housing, school, scholarship, and loan applications that you
don't have a criminal history or have never been arrested (under most
circumstances). This can create a lot more opportunities for you in the
future. Also, you will gain peace of mind from knowing that one past mistake
won't continue to haunt you indefinitely.
The "How"
The Florida record sealing and expungement process is governed by statute. In
a nutshell, you must first read the various statutes to determine if you meet
the eligibility requirements, (and keep in mind you must meet different
requirements in order to expunge a record versus seal a record), learn the
correct procedures, and determine if you fall under any exceptions. Then you
have to apply for and obtain a Certificate of Eligibility from the FDLE. If
denied, you may want to appeal, depending on your circumstances.
After you obtain the Certificate of Eligibility, you will have to petition
the court to seal or expunge your record, as the case may be. If your
petition is contested by the State of Florida, or you live in a county that
routinely holds hearings, you will have to appear in court. Once the court
approves your petition, you can obtain a copy of your seal or expunge order
and ensure that the criminal justice agencies also receive a copy the order.
If your petition is denied by the courts, you may want to file an appeal,
depending on your particular circumstances. Don't forget to follow-up
approximately sixty days after your order is entered to make sure your record
has been removed from the databases. A simple way to do this is by obtaining
a background check online.
Karen Kilpatrick is a Florida expungement attorney dedicated to helping
people improve their future by leaving their mistakes where they belong - in
the past! Visit http://www.expungerecordflorida.com for your free
eligibility evaluation today.
Article Source: http://www.earticlesonline.com/Article/Florida-Expungement---The-Who--What--When--Where--Why-and-How/895956
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Frequently Asked Questions...
What does the Florida state seal represent?
Help with project please!
Answer:
The Great Seal of the State of Florida is used to represent the Government of the State of Florida, and for various official purposes, such as to seal official documents and legislation. It is also commonly used on state government buildings, vehicles and other effects of the state government. It also appears on the State Flag of Florida. Hope this helps 4 your project.
