A criminal record can continue to affect your life even after someone dismisses, drops, or resolves your case without a conviction. Background checks may reveal incidents which raise questions about employment, housing, education, or professional opportunities. In that situation, a West Palm Beach record sealing and expungement lawyer could help you find out if your record qualifies for legal relief.
Sealing or expunging a record is not automatic in most cases. The process usually requires eligibility review, paperwork, court filings, and careful attention to the details of the original case. A criminal defense lawyer could help you evaluate your options and avoid mistakes that may delay or weaken your petition.
How Are Sealed and Expunged Records Different?
Record sealing and expungement both limit public access to a criminal history record, but they are not the same. When an entity seals a record, it restricts public access, although certain agencies may still view it under limited circumstances. When an entity expunges a record, it further limits access, and the court order generally removes the record from public view.
State law addresses court-ordered expunction under Florida Statutes § 943.0585 and court-ordered sealing under Fla. Stat. § 943.059. Eligibility often depends on:
- The charge
- The disposition
- Prior criminal history
- Whether the person has previously obtained this type of relief
In West Palm Beach, a lawyer could help explain which option, sealing or expungement, may apply based on how the case ended.
Eligibility for Record Sealing or Expungement
Eligibility is one of the most important parts of the process, and an entity cannot seal or expunge every arrest, charge, or case outcome. Before filing, the legal team must review the case history carefully to determine whether the record qualifies under state law. A record sealing and expungement attorney in West Palm Beach may review factors such as:
- How the court resolved a criminal case
- Whether the court withheld or entered adjudication
- Whether the charge is eligible under state law
- Whether you have received prior sealing or expungement relief
- Whether the required certificate process applies
The Florida Department of Law Enforcement (FDLE) explains that applying for a Certificate of Eligibility is generally the first step toward court-ordered sealing or expungement, and FDLE reviews whether the applicant is statutorily eligible before issuing that certificate.
How Does the Record-Clearing Process Work?
The process usually begins with reviewing the criminal history record, the court disposition, and the type of requested relief. If the FDLE requires a Certificate of Eligibility, you must prepare and submit the application with the necessary supporting materials. After the person receives the certificate, they may petition the court for an order sealing or expunging the record.
A West Palm Beach criminal record expungement attorney could help you organize the necessary documents, identify eligibility concerns, and prepare the petition. The court may review the filing, consider the state’s position, and decide whether you have met the legal requirements. If the court grants the request, you must send the order to the agencies that maintain the record so they can update access to the court’s ruling.
Call a West Palm Beach Attorney Now About Sealing or Expunging Your Record
If an old arrest or criminal case is still appearing on background checks, you may have legal options to limit public access to that record. We at The Law Offices of Robert David Malove could review your case history, explain eligibility concerns, and help you understand the steps involved.
A West Palm Beach record sealing and expungement lawyer could guide you through the process and help you pursue the relief available under state law. Contact our firm today to schedule a consultation and discuss your options.