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Expungement and Record Sealing
Fort Lauderdale Expungement Attorney
Ft. Lauderdale expungement and record sealing attorney Antonio D. Quinn Esq. knows that even good, productive members of society can sometimes make mistakes. If you were arrested and were fortunate enough to have the charges dismissed of had the court withhold adjudication then you may be eligible to have your case sealed or expunged. It is Attorney Quinn's job to ensure that those mistakes will not haunt you for the rest of your life by limiting your employment and educational opportunities. Not all people will qualify to have their criminal records expunged or sealed. In order to have a case expunged from their criminal record, the charge must have been dismissed by the Court. Criminal record sealing is available for those who obtained a "withhold of adjudication" from the court. A person may only expunge or seal one case in their lifetime. Expungement lawyer Antonio D. Quinn offers free phone consultations to find out if your case qualifies for expungement or sealing.
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Expungement and Record Sealing in Florida
If your criminal case qualifies for expungement, then all court records and police reports related to your case will no longer be discoverable pursuant to a background search and you will not have to disclose the incident to employers any longer under most circumstances. Employment with a criminal justice organization, the Department of Education and applying to the Florida Bar are examples of circumstances when a case will still have to be disclosed regardless of whether it has been sealed or expunged from your record. Expungement Attorney Antonio Quinn advises the clients of Quinn Law, P.A. as to when an arrest must be disclosed and when it is not required by law.
How do I know if my case qualifies for expungement?
- A person can only expunge or seal one arrest during their lifetime so if you have previously had an arrest sealed or expunged, you will not qualify for a second case.
- In order to qualify to have an arrest exunged in Florida, the charges are required to have been dismissed.
This happens when the State Attorney declines to file criminal charges in a case, also when a person has their charges dismissed through a "not guilty" verdict at trial or when the charges are dismissed due to completion of a pre-trial diversion program. - If a person if adjudicated guilty on any charge ever, then they will not qualify to have an arrest sealed or expunged.
If I do not qualify to have my case expunged because the charges were not dismissed, can I have the arrest sealed?
- If the charges were not dismissed in your case, but adjudication was withheld then depending upon what you were arrested for you may be qualify to have your case sealed. Florida law prohibits sealing or expunging a record for certain offenses such as: domestic violence, Aggravated Assault, Aggravated Battery, child abuse, robbery, and drug trafficking to list a few (See Fl. Stat. 907.041). Record Sealing attorney Antonio D. Quinn, can help you to determine if you case qualifies.
- If a record is sealed then it will not be discoverable by the general public, but city, county, state and military agencies will still have the ability to access sealed criminal records.
- If a record is expunged, then a court order would be required before the records would be accessible by a government agency.
The Florida Legislature has enumerated a number of different charges which are disqualifying for an expunction or record sealing. Under the statute, even if the court withheld adjudication, a person may not seal a charge of:
- Arson
- Aggravated Assault
- Aggravated Battery
- Illegal use of explosives
- Child abuse or aggravated child abuse
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft Piracy
- Kidnapping
- Homicide
- Manslaughter
- Sexual Battery
- Robbery
- Carjacking
- Lewd, lascivious assault or act upon or in the presence of a child under the age of 16 years
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
- Burglary of a dwelling
- Stalking or Aggravated Stalking
- Act of Domestic Violence
- Home invasion Robbery
- Act of Terrorism
- Attempting or conspiring to commit any of the above crimes
- Manufacturing any substance in violation of Chapter 893
- Sexual misconduct with developmentally disable person and related offenses
- Sexual misconduct with mentally ill person and related offenses
- Luring or enticing a child
- Sexual battery and related offenses
- Procuring persons under 18 for prostitution
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- Voyeurism
- Florida Communication Fraud Act
- Lewd or lascivious offense upon or in the presence of elderly person or disabled adult
- Sexual performance by a child
- Offense by Public Officers and Employees
- Showing obscene literature to mino
- Computer pornography
- Selling or buying of minors
- Trafficking in controlled substances
- A violation of any offense that would qualify for registration as a sexual predator or for registration as a sex offender
If your educational and employment opportunities are being limited by an arrest, then take back your future and contact expungement and record sealing attorney Antonio D. Quinn, today at (954) 463-0440 for an evaluation of whether or not your case qualifies for record sealing or expungement.