Archive for April, 2011
Sealed Or Expunged Records – Words Of Caution And Important Next Steps
Congratulations on taking a big step toward a brighter future! With your record sealed or expunged, more job, educational, housing and loan opportunities are available to you, not to mention relief from knowing you no longer have a criminal past. However, nothing is ever perfect and the sealing or expunging process is no exception. There are still steps you must take to ensure your record is removed from the public eye and things you must know now about complying with Florida law moving forward.
First, make sure your order to seal or expunge contains a list of applicable agencies known to have copies of your record. These agencies typically will be the Florida Department of Law Enforcement (FDLE), State Attorney’s Office, and local arresting agency (e.g., sheriff’s department). Your local Clerk of Court is supposed to send a copy of the order to all known agencies having a record of your arrest, but it always helps to include the agencies in your order to help expedite this process. If your order does not contain a list of applicable agencies, don’t worry! You can send a copy of the order to each agency yourself. In approximately 60 days, you may want to run a FDLE criminal history check to make sure nothing comes up.
Now here come the words of caution… If your arrest was in the media, it’s still in the media (meaning, it is still accessible to the public). More importantly, private background companies keep their own databases. You may have to contact these companies yourself to request removal of your record. A simple internet search will reveal the major companies providing these services.
Once your record has been expunged or sealed, you may lawfully deny or fail to acknowledge sealed/expunged arrests. But, there are exceptions. If you are:
a candidate for employment with a criminal justice agency;
a defendant in a criminal prosecution;
concurrently or subsequently petitioning to seal another matter;
a candidate for admission to the Florida Bar;
seeking to be employed or licensed by, or to contract with, the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or used by such agencies in a sensitive position having direct contact with children, the elderly or the developmentally disabled;
seeking to be employed or licensed by the Department of Education, and district school board, charter school, private school or any local governmental entity that licenses childcare facilities;
attempting to purchase a firearm; or
seeking authorization from a Florida sea port for employment within or access to a seaport
Then you still have to reveal your criminal history. However, in Florida the decision to seal or expunge by a court is discretionary, and it will be helpful to you that a court granted your record sealing or expungement request. For example, although you would have to reveal your prior record if applying to become a member of the Florida Bar, the existence of such record will not automatically disqualify you from membership.
Originally published here.
Karen Kilpatrick
Expunge Criminal Record – Top Ten Reasons To Have Your Criminal Arrest Record Expunged
Now is the time to have your criminal record expunged. While there are many benefits to having a clear criminal history, these are the most cited top ten:
1. To Obtain Employment. With the economy still down and countless individuals looking for work, there are many more job applicants than job opportunities. Since most employers conduct thorough background checks, having a criminal record is one of the quickest ways to land your resume or job application in the trash can.
2. To Obtain A State License. Having a criminal history can prevent you from obtaining a state license, including a nursing license, real estate license, or contractor’s license, to name a few.
3. To Obtain Loans. Many lenders require that you divulge your criminal record as part of their application process and risk assessment. With a criminal history, you can end up with higher interest rates, or even be prevented from getting a loan altogether.
4. To Be Eligible For More Educational Opportunities. Most colleges, graduate schools, and vocational schools require that your reveal your criminal record on your application. Again, in such competitive times, having that mark against you can stop you from getting into the program of your choice. If you have a scholarship when you pick up a record, there is a great possibility you will lose it. If you are already enrolled in a program, you can be kicked out.
5. To Be Eligible For More Housing Opportunities. This works in two ways. First, you may not be eligible for governmental housing assistance with a criminal record. Second, private landlords are not obligated to rent to you if you have a criminal record. There are no statutes preventing discrimination against former “criminals.” Many, if not most, landlords run background checks on prospective tenants and having a record can prevent you from staying where you want or need to live.
6. To Avoid Sentence Enhancement. Although most people don’t like to think about being involved in the court system again, let’s face it, it happens! Having a criminal history will be counted against you during sentencing in any subsequent crimes, and courts tend to go much easier on first time offenders than repeat offenders.
7. To Join A Professional Organization. A number of professional organizations conduct background checks prior to allowing individuals entry into the organization.
8. To Travel To More Places. Did you know that travel to Canada and many other countries is restricted with a criminal record? This is not anything new. Many countries deny entry to people with criminal records regardless of how minor the charges. For example, Canada will not allow people in with DUI or drug possession convictions on their records.
9. To Be A More Attractive Date. Landlords, employers, and financial institutions aren’t the only ones looking online to dig up dirt on people. Many people meeting both online and offline use the internet to investigate potential dates. In my practice I’ve heard plenty of stories of cancelled dates because: “You didn’t tell me you had a criminal record!”
10. To Obtain Personal Redemption/Peace Of Mind. Many individuals feel uncomfortable having their past mistakes hanging over their heads indefinitely, are embarrassed or worry about their past, and are even stigmatized when people find out. This is the reason I hear the most from people as to why they want to expunge their criminal record. Peace of mind is priceless.
Originally published here.
Karen Kilpatrick
St. Paul Minnesota DUI Lawyers – Call 1-800-270-8774 in St. Paul Minnesota
Call 1-800-270-8774 St. Paul Minnesota DUI Lawyers – Call 1-800-270-8774 in St. Paul Minnesota Should anyone needs to face the DUI charges in reality, St. Paul Minnesota DUI Lawyers are experienced and skillful DUI lawyer in the state for DUI offense. St. Paul Minnesota DUI Lawyers are verse with the DUI law in that specific state. These specialized St. Paul Minnesota DUI Lawyers have created an entire industry around helping people clean their records. The most important thing St. Paul Minnesota DUI Lawyers are certified as an operator of breath tests, certified as a trainer for sobriety testing. Having these credentials will insure that St. Paul Minnesota DUI Lawyers will be able to see any mistakes made by police, which could help you walk away from your charges, no matter how long they have been on your record. St. Paul Minnesota DUI Lawyers can help expunge your records or even withdraw a plea and clear it completely.