Expungement v. Sealing

If you or someone you know has a criminal record it can be difficult to find a nice place to live, a decent job, or even get a loan. In today’s world, employers, landlords, and businesses administer background checks on potential employees, tenants, and even customers to ensure quality candidates are obtained. The expungement or sealing of a criminal act may help you get a second chance at life.

What is the difference between expungement and the sealing of a criminal record?
There is a difference between expungement and the sealing of a record. In most basic terms, having your record expunged, completely removes the criminal accusation from your record like a legal eraser. Notice the use of the word “accusation.” An expungement is only allowed if you were not convicted of the crime and only if you were accused and the charges were dropped.

The sealing of a criminal record removes your information from government databases which the general public can use to request a background check. However, law enforcement, federal, state, county, and city agencies may still have a legal right to access your information even if your record has been sealed.

Did you know you can only expunge/seal a record once in your lifetime?
Yes, it is true. You must keep in mind that you may only seal or expunge once in your lifetime in the State of Florida. If you have been convicted of something like a petit theft you may want to save these legal tools for later in life for a more serious crime should you need it.

Something to keep in mind.
There was a time you could expunge or seal your record, and for the most part, no one in the public would ever stumble upon your run-in with the law. However, in this digital age, the expungement or sealing of your record may not completely do the trick. There are many private companies who obtain information for their own business purposes, news outlets, online publications, or the like, who can potentially still possess your criminal history.

If you do have a criminal past that is prohibiting you from moving on in life, sealing or expunging your record may be the correct way to proceed. Contact one of our lawyers for a free consultation to explore your options in cleaning up a criminal record.

How Much Should I Tell My Attorney?

by Attorney Elmer Sanchez

Clients often fear that if the attorney representing them knows all of the negative facts of the case, it would cause the attorney to judge the client and perhaps be disappointed with the client. Many times the client believes that since negative facts cannot help the case, they do not need to be disclosed to the attorney. NOTHING COULD BE FURTHER FROM THE TRUTH. Read more..

What Are My Rights When Confronted By The Police?

Knowing your rights when confronted by the police is the first step to protecting your freedom. Police officers are charged with maintaining order and enforcing the law. Unfortunately, these same officers may at times disregard your constitutional rights to be free from unreasonable searches and seizures of your persons and effects, your home, and your car. The following are the basic rights that you should be aware of when confronted by the police.

Florida recognizes three types’ levels of police encounters. The three levels are: Read more..

How Can They Just Search My Wife?

by Attorney David Gentle

My wife has a distrust of police officers that stems from an incident that happened when she was in high school. Driving home from school one day, police officers pulled her over, searched her and her vehicle for no reason. They told her afterwards that a classmate of hers was a drug dealer, and they were protecting her. No matter what their true intentions were, her rights were violated, and she was illegally searched. Had she understood her constitutional rights, she could have stopped them.

There are two separate ways a police officer can search you or your property. One is with a search warrant, the other is without. Understanding your rights is the best way to protect Read more..

Was My Search & Seizure Legal? (Part 2)

In part I of this series on Search and Seizure law we covered the basic elements of the Fourth Amendment and protecting your privacy. Remember the Fourth Amendment provides “the right of the people to be secure in their persons, houses, paper, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Read more..

Was My Search & Seizure Legal? (Part 1)

Have you ever been approached by Law Enforcement and asked to consent to a search of yourself or your vehicle? Have you ever been at your home or a friend’s home when Law Enforcement knocks on the door demanding entry? You have fundamental rights when law enforcement seeks to invade your privacy by conducting a search of your person and property.

The Fourth Amendment to the U.S. Constitution restricts the power of the police to make arrest, search people and their property, and seize objects and contraband such as illegal drugs or weapons. Specifically the Forth Amendment to the U.S. Constitution states: Read more..

DUI – Should I Take The Breath Test?

By Attorney Mark N. Longwell

When someone first learns that I am a criminal defense lawyer who has handled many DUI cases both as a prosecutor and as a defense attorney, they often have many questions, such as: “if I’m pulled over, should I take the breath test?” Read more..

Wanting to Relocate with your Children?

From time to time we will be answering questions from persons who have questions about family law. Sonia from Kissimmee has a question, and she wrote:

“My former husband and I were divorced here in Florida for over a year now and we have two minor children in common; I would like to move back to Puerto Rico because I have strong family ties there. The children’s father would prefer that I do not because he would not be able to visit with the children as often. Can I move?”

Well, to answer this question, it all depends. As a result of you wanting to move the children more than fifty (50) miles away from their place of residence, you would need permission from Read more..

Is it a Crime to Discipline Your Child?

The trend in child discipline currently is to avoid physical forms of punishment and instead use “time outs” or other methods of discipline.  There have been numerous cases in the news discussing the impact that physical punishment can have on the child and the community.  Examples include the Devery Broox case where a 25 year old mentor was accused of being too severe in his methods of punishing a 7 year old boy. Read more..

What Do I Do Now That I Am Divorced?

There are different answers to this question.  However, the answer is clear when you and your former spouse have a minor child in common. In the event that you do not, then you pretty much move on in your life and start rebuilding your life as a single person.

As much as some people may think, “I am finally divorced; my former spouse is out of my life!” Think again! If you have a child together, both parents must sharpen their communication skills with each other, stop communicating through the child, and talk to the other parent. Read more..