Expunge Your DUI

Now is the time to have your criminal record expunged. While there are many benefits to having a clear criminal history, these are the most cited top ten:

1. To Obtain Employment. With the economy still down and countless individuals looking for work, there are many more job applicants than job opportunities. Since most employers conduct thorough background checks, having a criminal record is one of the quickest ways to land your resume or job application in the trash can.

2. To Obtain A State License. Having a criminal history can prevent you from obtaining a state license, including a nursing license, real estate license, or contractor’s license, to name a few.

3. To Obtain Loans. Many lenders require that you divulge your criminal record as part of their application process and risk assessment. With a criminal history, you can end up with higher interest rates, or even be prevented from getting a loan altogether.

4. To Be Eligible For More Educational Opportunities. Most colleges, graduate schools, and vocational schools require that your reveal your criminal record on your application. Again, in such competitive times, having that mark against you can stop you from getting into the program of your choice. If you have a scholarship when you pick up a record, there is a great possibility you will lose it. If you are already enrolled in a program, you can be kicked out.

5. To Be Eligible For More Housing Opportunities. This works in two ways. First, you may not be eligible for governmental housing assistance with a criminal record. Second, private landlords are not obligated to rent to you if you have a criminal record. There are no statutes preventing discrimination against former “criminals.” Many, if not most, landlords run background checks on prospective tenants and having a record can prevent you from staying where you want or need to live.

6. To Avoid Sentence Enhancement. Although most people don’t like to think about being involved in the court system again, let’s face it, it happens! Having a criminal history will be counted against you during sentencing in any subsequent crimes, and courts tend to go much easier on first time offenders than repeat offenders.

7. To Join A Professional Organization. A number of professional organizations conduct background checks prior to allowing individuals entry into the organization.

8. To Travel To More Places. Did you know that travel to Canada and many other countries is restricted with a criminal record? This is not anything new. Many countries deny entry to people with criminal records regardless of how minor the charges. For example, Canada will not allow people in with DUI or drug possession convictions on their records.

9. To Be A More Attractive Date. Landlords, employers, and financial institutions aren’t the only ones looking online to dig up dirt on people. Many people meeting both online and offline use the internet to investigate potential dates. In my practice I’ve heard plenty of stories of cancelled dates because: “You didn’t tell me you had a criminal record!”

10. To Obtain Personal Redemption/Peace Of Mind. Many individuals feel uncomfortable having their past mistakes hanging over their heads indefinitely, are embarrassed or worry about their past, and are even stigmatized when people find out. This is the reason I hear the most from people as to why they want to expunge their criminal record. Peace of mind is priceless.

Originally published here.

Criminal records are records of the crimes you have committed and the punishment given to you, which at times can hold you back from qualifying for a job or housing. They often lead to a bad reputation, which is not desired by some people, companies, land lords etc. State and national criminal history information is available to governmental agencies for licensing and employment as required under Florida law. Florida criminal history information on an individual can be accessed by general public by paying only $24.00. Furthermore, you can get a free copy of your criminal record by contacting the Florida Department of Law Enforcement. (FDLE)

Expunging your criminal record means that your prior conviction is set aside. If you have a conviction expunged, you are considered not to have been convicted for almost all purposes.  For example, you can honestly tell potential employers that you have a clean criminal record. To state it differently, you can legally deny the existence of the arrest.

Your conviction can only be used for very limited purposes, such as increasing your sentence if you are convicted of a new offense. An expunged conviction is not supposed to appear on your rap sheet. Getting your criminal record expunged can make it much easier for you to get a job, housing, or credit. Many employers won’t hire you if you have a criminal record. A criminal record may prevent you from getting subsidized housing or public benefits. If you have a criminal record, you probably already know how much harder it makes many things in life. If you can get your record expunged, the law treats you, in most cases, as if you had never been convicted.

The FDLE (Florida Department of Law Enforcement) provides a service through which certain criminal records can be expunged (removed from their records) or sealed (placed under highly restricted access). The laws and rules which govern expunction or sealing of criminal history record(s) include: Sections s.943.0585 – s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code. The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term “criminal history information” is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

A person wanting his criminal record to be expunged should first apply for certificate of eligibility. In order to obtain a Certificate of Eligibility to petition the court to seal or expunge a criminal history record, the following requirements must be met pursuant to s.943.0585(2) and s.943.059(2), Florida Statutes.

Section A of the application must be completed and signed in the presence of a notary public.

The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint form must include the applicant’s name, race, sex, date of birth, *social security number (SOC), and signature, prior to submission to FDLE. A FDLE Fingerprint Form, FD 40-024, is supplied with the application package.
The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged. This may be obtained from the Clerk of Court in the county in which the charge(s) were brought. For Pre-trial Intervention cases and other Diversion programs, a certified letter of completion from the State Attorney’s office may substitute for a certified disposition. Please provide a certified copy of Termination of Probation, if applicable.
A Nonrefundablemoney order or cashier’s check for $75.00 made payable to the FDLE must accompany the application.
If you are requesting an expunction of a criminal history record, you must have the state attorney or statewide prosecutor complete Section B of the application. If not completed, the application will be processed as a sealing of your criminal history record.

All of the items listed above are required at the time that the application is submitted. If an item is missing or the application or fingerprint form is not completed, the application will be returned unprocessed.

If your child enters a juvenile diversion program for certain nonviolent misdemeanor charges, then your child may be entitled to expunge the arrest and prosecution records under Florida law. If your child is eligible for the juvenile administrative expunction, then no downside exists to using this important protection. Florida laws for juvenile diversion expunction include:

Florida Statute Section 943.0582, F.S.; and
Chapter 11C-7.009, Florida Administrative Code.

The law requires the application to be submitted to FDLE no later than six months after completion of the diversion program. In order to obtain a juvenile diversion expunction of a criminal history record, the following documents must be provided to FDLE pursuant to s.943.0582, F.S.

Section A must be completed by the applicant and signed by the applicant or the applicant’s parent or legal guardian if the applicant is under 18 years of age at the time of signing, and the applicable signature must be notarized.
A NONREFUNDABLE money order, or Cashier’s check, in the amount of $75.00 made payable to the Florida Department of Law Enforcement.
The applicant must be fingerprinted by authorized personnel with a law enforcement or criminal justice agency.

Originally published here.

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