In Florida, a person acquires a “criminal history record” when
they have been arrested and fingerprinted. You may be wondering how an
individual can have a criminal record, even if their charges were dropped
or dismissed. The Florida legislature determined that criminal records
would be public unless they are
expunged or sealed.
Each person has one opportunity only to expunge or seal one criminal record
in his or her lifetime. Those who have multiple arrests will have to determine
which one of their eligible records they would like to expunge or seal.
Keep in mind, you can expunge a case if it was dropped or dismissed prior
to trial. If not, you may still qualify to have your criminal record sealed.
On the other hand, the following is a partial list of charges that may
never be sealed:
- Aggravated assault
- Aggravated battery
- Sexual battery
- Sexual misconduct
- Robbery and home invasion
- Home burglary
- Stalking or aggravated stalking
- Drug trafficking
Any type of
domestic violence which results in injury
- Child abuse or child sexual abuse
- Acts of terrorism
- Illegal use of explosives
- Lewd or lascivious offenses committed upon or in the presence of an elderly
person or disabled adult
- Child pornography
- Selling or buying of minors
- Luring or enticing a child
If your case lead to acquittal, your case cannot be sealed until at least
ten years have passed. If a charge was dismissed prior to trial, you can
file for expungement.
If you are interested in getting your criminal record expunged or sealed
request a free consultation with our Daytona Beach criminal defense attorneys at
Law Offices of Robert Stepniak today.