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
How long will a DUI charge stay on my record?
Fact or Fiction? NOT knowing your rights under Florida Law CAN hurt you! If you need a Jacksonville lawyer to represent you in a criminal matter call us at 904-384-8808.
Avoid DUI Charges : Get the Best DUI Lawyer
Driving under the influence is a growing problem in our society today. It is considered to be a serious offense and could result to serious consequences if ignored. However, now a days a person who has been charged with this offense should not have any trouble dealing with such a case because they can get the best dui lawyer who can help them out.
Being arrested can be an embarrassing experience, and definitely a life changing for anyone else. It could mean the loss of your driver’s license, civil fines and worse it can even land you in prison. No one wants to suffer such consequences. These penalties can have a great impact not only on your family,but as well as in your career and future. It can even damage your reputation as a citizen. Thus, it is imperative to consult the best dui lawyer to eliminate and if not lessen the dui offenses.
As we all know, it is always necessary to know your best chance to come out of the problem such as charged with this case without much damage. This could be made possible with the help of your dui lawyer. Serious offenses such as these need to be dealt with by someone who knows the law most specifically the dui lawyer. Talking to an attorney who specializes in dui defense is the first thing that you should do if caught with dui. Only them will be able to guide you through the process correctly.
The dui lawyer will work to build your defense case and will find ways to settle the case or minimize the penalties. They can give you an extra confidence that is needed for the case. They can answer your questions and will prepare you for the proceedings each and every step of the way. They will give you the chances at either winning your case or at least minimize your penalties. Of course, it is also important for you to share all the facts about your case with them. This could help to fully defend you with your case.
Getting a competent dui lawyer can be time consuming. However, because of the presence of internet finding the best dui lawyer becomes much easier. Aside from asking your friends and other relatives , online resources are also there to help you find the best dui lawyer. Through this you can actually get the information such as names and contacts of some of the dui lawyer in your area.
The dui charges are very frustrating and can damage your reputation in the society. If you get caught, it could be better to find and contact an expert dui lawyer in your area to lessen your charges or acquit you fully from them.
Originally published here.
alessandra myers