Tampa Expungement Attorneys

Qualifying for Expungement in Florida

Several factors are taken into consideration before a court will allow expungement. First, they will look at how long ago the crime was and your current criminal record to see if you have stayed clear of illegal activities. Next, the court will consider the specific crime you were convicted of before determining whether to let you have your record cleared. For example, they will generally not allow a sex offender to have their record expunged because the court deems them to be a threat to society.

If the following apply, you may qualify for expungement in Florida:

• There was no filing of an indictment, information, or charging document.
• If the indictment/charging document was filed, it was dismissed.
• The charge/case in question did not relate to certain criminal offenses, such as sexual misconduct, trafficking, or any offense that qualifies one as a sexual predator.
• You have paid a $75 processing fee.
• You obtained and submitted a copy of your disposition.
• You have never, before your filing, been adjudicated guilty of a felony or misdemeanor.
• You have never (or within the past 10 years) obtained an expunction.
• You are no longer under any court supervision.

Regardless of your circumstances, the Tampa expungement lawyers at Thomas & Paulk can help. It’s easy to get bogged down by the intricacies of the Florida legal system, but we have the experience and resources to take you through the process while protecting your rights.

Expunging DUI Records in Florida

Being convicted of DUI can have serious repercussions, including jail time and fines. However, the consequences of a DUI conviction can go beyond the time spent behind bars. Being charged with a DUI can affect a person’s ability to secure a job, get approval for a loan, or lease an apartment. While it is not always possible to make your past “go away,” some people qualify for expungement. This essentially clears a DUI from your record.

A DUI expungement would mean civilian employers would not see your conviction on a background check. It would also entitle you to answer “no” when asked if you’ve been convicted of a crime. The only employers who could see your criminal record would be law enforcement and government entities. Although the government would still know that you were convicted for DUI, it would be sealed to the public.

To expunge your DUI record, the court will consider how long ago you were convicted, if you have been arrested or convicted of other offenses since, and other key details about your case. 

Judges want to see that you’re not having ongoing problems with the law before they allow your records to be expunged. The judge will also consider the severity of the crime for which you were convicted. For example, if you were pulled over for a DUI while running a stop sign, the judge may be more likely to give you the chance to have your record expunged. However, if your DUI caused an injury accident, the likelihood of expungement decreases considerably.

The judge will also consider the severity of other criminal arrests and convictions on your record. Even if these offenses were before the DUI, the court might not give you the chance to start over entirely. For example, the court does not expunge sex crimes from any record.