Employment and Record Expungements in a Highly Competitive Job Market

The struggling economy has made the job market even tougher for job seekers, as the rising unemployment rate has resulted in fewer jobs for more applicants. In this highly competitive job market, you need every advantage available to you just to get your foot in the door. Having a criminal record can be one of the quickest ways for employers to eliminate you from the potential candidate list.

All it takes is one arrest to have a criminal record. Even if you were not formally charged with the crime or ever convicted by a court, that one arrest can follow you around and make your life difficult. Potential employers often perform routine criminal background checks as part of the employment process; even that one arrest that you may have forgotten all about because it happened so long ago can be enough to disqualify you for employment opportunities.

Under Florida law, residents can have certain information sealed or expunged from their criminal records. To do this, you must meet strict guidelines and follow a specific procedure to successfully complete the process. Once your record has been sealed or expunged, most employers will no longer have access to your records. You then will be able to submit your job applications with confidence that a past mistake will not hurt your chances of getting the job.

Helping You Get Your Record Expunged or Sealed

To be eligible to have your record expunged, you must meet the following requirements:

• Your charges did not result in a criminal conviction
• You have never been convicted of any criminal offense
• You have never applied to have your record sealed or expunged in Florida or any other state
• Your charges are eligible for expungement

Initial Requirements for a Record Exungement or Sealing

State law does not permit you to expunge or seal records if you were convicted, pled guilty or no contest to certain types of crimes – including aggravated assault, child abuse, kidnapping, sex crimes and domestic violence charges, among others. A complete list is available at the Florida Department of Law Enforcement’s Web site (www.fdle.state.fl.us).

If your charges resulted in a plea of guilty or no contest and the judge withheld adjudication, then your record cannot be expunged but it can be sealed. When your record is sealed, it means that the record is kept confidential. The process for sealing a record is similar to that for expunging a record, and an experienced criminal defense attorney can help you complete the process.

The Process for a Record Expungement or Sealing

The first step in filing for an expungement or sealing is requesting a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). The court may require a hearing, at which time your attorney would argue your case to the judge.

Once you receive the Certificate of Eligibility, then you can file a Petition for Expunction of a Criminal Record with the court. With your petition, you also must include the Certificate of Eligibility, an affidavit attesting that you meet the requirements to have your record expunged and any other documents required by the court.

If the court approves your petition, the court will sign an expungement order that directs every law enforcement agency with a copy of the record to destroy it. The FDLE is allowed to keep a copy of your record, but it is kept confidential and not available to the public.

Once the record is expunged or sealed, you can deny that the arrest ever happened, even under oath, with limited exceptions.

Contact an Experienced Criminal Defense Attorney

The process for having your record expunged or sealed is not simple. It can take several months or longer to complete the process. An attorney experienced in helping people expunge their records can be an invaluable asset in this process. The attorney can guide you through each step and help ensure that you meet all of the eligibility requirements and submit all of the correct documentation. Once your record has been expunged, the attorney can make sure that every agency with a copy of your record destroyed it as required by law.

Do not allow an arrest to hurt your chances of getting the job you want. By having your record sealed and/or expunged, you can put the incident behind you and move forward with your life. For more information on expunging a criminal record in Florida, contact an experienced attorney.