Having Trouble Getting a Job Due to an Arrest?
Few things can be as frustrating as applying for a job and then being turned down because of an arrest that happened years ago. There could be a solution because you may be able to have your arrest record expunged or sealed.
Expungement and sealing is the clearing of your arrest record from public view. If you are eligible, you are permitted to have one criminal record expunged or sealed. If your record is expunged, it means that the record is destroyed. If your record is sealed, it is still kept, but is not accessible to the public except in limited circumstances. The process to get your record expunged or sealed takes approximately five or six months.
If you were arrested or live in the Orlando, Orange County, Florida area, you need to have an experienced Orlando criminal defense lawyer represent you throughout this process as it can be complicated and not all arrest situations are subject to expungement or record sealing.
Eligibility Criteria
To obtain the expungement or sealing order, you need to apply for a Certificate of Eligibility from the FDLE.
If your arrest led to a conviction, then you will not be eligible. However, if your case led to a dismissal of the charges, acquittal at trial or a withhold of adjudication, then you may be able to have your arrest record expunged or sealed.
Cases Not Eligible for Sealing or Expungement
Not all cases may be sealed or expunged. The following is a list of ineligible situations:
- You were adjudicated guilty of certain offenses
- Court supervision applicable to the arrest or crime has not been completed
- Certain driving offenses such as DUI
- Sexual offenses
- Some Crimes of violence
Effect of Expungement or Record Sealing
Once your record is sealed or expunged, you can truthfully answer on any job application or make any statement under oath that you have never been arrested. Your opportunity for a better job, loan, education, and other benefits will be restored to you.
Be aware, however, that if you apply for certain government employment, you still have to reveal that you had a record that was expunged or sealed and the agency will receive a notice upon a background check that your record was expunged or sealed.
An expungement or a record sealing can be the essential difference between a job with a future or a dead-end. For a free consultation for all your expungement and record sealing questions, contact the Orlando law firm of The Law Office of Travis Williams, an experienced post-arrest attorney, with a successful record of handling record sealing and expungement cases like yours.