What does it mean to have a criminal record expunged?

Expungement is the legal process of having a prior criminal record removed from public access and the physical records kept by law enforcement agencies (with specific exceptions) destroyed. Through expungement, a person whose case was dismissed or who has served their probation or diversion program requirements for eligible offenses can reduce the impact of a prior legal issue on their future.

Under what conditions can I get my criminal record expunged?

There are numerous requirements you must meet to qualify for expungement of your criminal record. Only certain records can be expunged, including those that involve dismissals of charges, not-guilty verdicts, and diversion programs rather than guilty pleas or verdicts. Determining whether you’re eligible for expungement requires careful consideration of the unique facts of your circumstances. A West Palm Beach expungement lawyer can help you figure out whether you meet the conditions required to clear your record.

How can I get a criminal record expunged?

The expungement process requires you to apply for a Certificate of Eligibility from the Florida Department of Law Enforcement. You also need to procure a written certified statement page from the state attorney, secure a certified disposition for your case from the clerk of court, and provide fingerprints and other relevant documentation. There’s a lot that goes into the process of getting your record cleared. Having the benefit of a seasoned expungement attorney in West Palm Beach, FL, on your side can streamline the process.

Do I need to go through the expungement process if I was never convicted?

Under Florida law, a criminal record is created upon arrest, not conviction. This means that you don’t have to be found guilty of an offense to have a criminal record. If the charges against you were dropped, you were found not guilty, or you entered a pre-trial intervention program, you might have assumed you had no criminal record. Finding out your arrest is visible to prospective colleges, employers, and landlords on a background check can be an unwelcome surprise. Fortunately, state law permits you to pursue expungement when you have been found not guilty, the charges against you have been dismissed, or the state attorney declined to prosecute you. You can also pursue expungement if you resolved the charges against you through participation in a pre-trial intervention or diversion program. A West Palm Beach expungement lawyer can help you understand what’s needed for you to get your arrest records removed from public view.

West Palm Beach Expungement Lawyer

Expungement Attorney in West Palm Beach, FL Helping You Clear Your Criminal Record in Palm Beach County, Broward County, Martin County, and Throughout South Florida

No matter how many lessons you learn or how many positive changes you try to make, the impact of having a criminal record can follow you long after a brush with the law. In Florida, it may be able to reduce the impact of prior criminal charges through expungement. This process offers hope, but it also comes with challenges. The guidance of an experienced West Palm Beach expungement lawyer could be the key to successfully getting your criminal record cleared.

At Brandon Dinetz Law, PLLC, I fight for fair treatment for the accused and second chances for those whose prior charges are eligible for expungement. I’m ready to take up your cause and help you explore all options for clearing your record under Florida law. Contact me today for help evaluating your eligibility for expungement and preparing a strong, well-documented case in your favor.

The Expungement Process in West Palm Beach, FL

Expungement is a process by which a criminal record is removed from criminal justice agencies and the physical records related to the case are destroyed. Only the state Department of Law Enforcement and the clerk of the court retain records of the expunged offense.

When a record has been expunged in Florida, it generally will not show up on private background checks. Although the expunged record can still appear on background checks conducted by law enforcement agencies, federal organizations, and certain other specified agencies, expungement offers you a chance to largely erase the record from public view. This means that you generally no longer have to worry about your prior record appearing on background checks run by private employers and prospective landlords.

Considering how severely a criminal record can impact your life, this change is a major improvement for many Florida residents who no longer have to be held back by a prior criminal record.

Who Is Eligible for Expungement in Florida?

In Florida, you must meet specific criteria to be eligible for expungement.

Firstly, you can only have one record expunged. As part of the expungement process, you must attest that you have never had a record expunged before, either in Florida or in another state. You can’t have multiple cases for expungement of an arrest record pending at the same time, either. You are ineligible for expungement if you have pled guilty or been found guilty of a felony offense or certain misdemeanor offenses, including the following, even if these incidents have nothing to do with the record you’re seeking to have expunged:

Assault
Battery
Certain weapons offenses
Cruelty to animals

You also generally cannot have criminal traffic offenses, such as driving under the influence of alcohol, expunged.

Eligibility for expungement depends on the outcome of your case. Generally, you can pursue expungement in circumstances such as the following:

The charges against you were dropped or dismissed
The state attorney or prosecutor declined to prosecute by entering a nolle prosequi in your case
You entered a pre-trial intervention or diversion program instead of pleading guilty or being found guilty
You were found not guilty by the judge or jury

Due to the complex legal issues involved in an expungement case, determining eligibility can be challenging. Having an experienced West Palm Beach expungement lawyer review your unique situation and advise you on whether and how you can move forward allows you to explore your options and approach the process with confidence.

How to Get a Criminal Record Expunged in West Palm Beach

Record expungement is a detailed process that requires multiple steps, paperwork that must be completed accurately and in full, and extensive documentation. A single error or failure to provide all required documentation could result in your expungement application being denied. To make the process more efficient and less frustrating, it helps to have a knowledgeable expungement attorney in West Palm Beach, FL, guiding you through the process from the start.

There are different types of expungement in Florida, including juvenile expungement, human trafficking expungement, lawful self-defense expungement, and administrative expungement. If you’re applying for a court-ordered expungement, the steps to getting your record cleared include:

Submitting a completed application for a Certificate of Eligibility to the Florida Department of Law Enforcement (FDLE)
Getting fingerprinted by a law enforcement or criminal justice agency
Securing a written certified statement page from the state attorney or prosecutor
Getting from the clerk of court in the county in which you were arrested or charged a certified disposition for the case
Documenting the completion of probation or a pre-trial intervention or diversion program
Paying a nonrefundable processing fee

There are numerous steps to getting your record cleared in Florida, and those steps involve detailed rules, requirements, and procedures. Your West Palm Beach expungement lawyer can oversee the process for you, ensuring your case is fully and accurately prepared to meet all requirements for expungement.

How Brandon Dinetz Law, PLLC Can Help

The expungement process offers an opportunity to stop your criminal record from continuing to impact your life. There could be challenges along the way, including the following:

Establishing that you are statutorily eligible for expungement
Fully and accurately completing all applications and procedural requirements
Documenting all aspects of your case to the satisfaction of the court, which makes the final decision on whether to grant expungement based on its sole discretion
Appealing any denials and overcoming any other obstacles

As an experienced expungement attorney in West Palm Beach, FL, Brandon Dinetz Law, PLLC is prepared to assist you by conducting the extensive research and analysis required for determining eligibility for expungement. I plan out the process of petitioning for expungement, ensuring that all documentation and procedural requirements are met so that your application won’t be denied unnecessarily.

By preparing your case for success from the start, I can reduce the likelihood of denials based on errors in the application, failures to meet procedural requirements, and insufficient documentation. If your expungement is denied, I can review the facts of your case and help you determine whether and how you could proceed with any type of appeal.

Why Choose Brandon Dinetz Law, PLLC?

When it comes to getting your criminal record cleared in Florida, there are different paths you may be able to pursue, such as sealing and expungement. A number of different rules and regulations could apply to your situation. Having a knowledgeable legal advocate managing the process allows you to make the best possible choices about moving forward with your effort to expunge a record related to a prior offense.

A Compassionate Approach to Clearing Your Record

As a seasoned West Palm Beach expungement lawyer, I defend the accused and help those with a prior history of legal trouble explore their options for minimizing the impact of a criminal charge through record sealing and expungement. I recognize how difficult it is to face legal troubles and their serious consequences, especially when a criminal record follows you long after you have learned from the incidents that led to being charged with a crime. You need a compassionate advocate who’s willing to fight for second chances, and that’s what you’ll get at Brandon Dinetz Law, PLLC.

The Experience of a Dedicated Criminal Defense Lawyer

Going through the expungement process is different from going to trial, but it’s still a complex undertaking with consequences that can significantly impact your life. To make the process as smooth and efficient as possible, you should have a seasoned attorney guiding you through the legal system. With my experience as both a criminal defense lawyer and a former prosecutor, my comprehensive knowledge of all aspects of the criminal justice system can help you sort out complex factors and determine whether you qualify for expungement and how to go about getting your record cleared.

Reputable Representation for Expungement of Prior Offenses

The impact of having a criminal record is so consequential that scammers have taken to targeting people who are seeking to get their records cleared. To avoid falling prey to these scams, only entrust your expungement case to a qualified legal professional who is going about the process of clearing your record through legally recognized means. To help you achieve a positive outcome and provide peace of mind throughout the process, you need the excellent reputation and respect from the legal community that Brandon Dinetz Law, PLLC brings to each case.

Contact a West Palm Beach Expungement Lawyer at Brandon Dinetz Law, PLLC Today for an Initial Consultation

The longer you wait to begin the expungement process, the longer you’re stuck with the negative impact a criminal record has on your life. It’s time to take your future into your own hands and find out how a West Palm Beach expungement lawyer can help you pursue a clear record.

For help from an expungement attorney in West Palm Beach, FL, contact Brandon Dinetz Law, PLLC online or call 561-398-4683 today.