Sealing & Expunging Records
Tampa Attorney Representation Since 1978
At the Law office of Raymond R. Pines we understand that the effects of an arrest can cause a lifetime's worth of devastating consequences for our clients. An arrest record can cost you your job, prevent you from being hired for a potential job, hamper your ability to get a loan or secure a lease and even affect your credit. Our skilled criminal law attorneys have a combined 40 years of helping clients seal and expunge their criminal records. If you are interested in having your record sealed or expunged do not hesitate to contact us immediately so we can discuss whether you qualify to have your arrest record sealed or expunged.
Often time's clients want to know how long it will take to have their criminal record sealed or expunged. There is no definite answer to this question, but the general rule is somewhere between 4-6 months.
Our Tampa Criminal Attorney Can Help You Know If You Qualify
Florida Statutes 943.0585 and 943.059 are the controlling statutes that guide the Courts in determing whether you qualify to have your record sealed or expunged. Below are the relevant parts of the statute that will guide you in determining whether or not you will qualify for a sealing or expungment.
- A) This must be the first time you have ever applied to have your record sealed or expunged.
- B) You cannot have an open criminal case.
- C) You are not allowed to currently have another petition pending to have your record sealed or expunged.
- D) You cannot currently be on any form of Court ordered supervision. This means if you were placed on probation or community control as a result of your charge that you have to have completed you probation or community control.
- E) you cannot have been adjudicated guilty to of a criminal offense including criminal traffic offenses. This means if you received a Withhold of adjudication to a criminal offense you may still qualify. However, even if you received a Withhold of Adjudication to one of the following offenses you will not qualify. The offenses listed below will are known as disqualifying offenses.
- 1. Arson
- 2. Aggravated assault
- 3. Aggravated battery
- 4. Manslaughter
- 5. Child abuse
- 6. Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult;
- 7. Sexual Misconduct with mentally ill/developmentally delayed person
- 8. Kidnapping
- 9. Homicide
- 10. Illegal use of explosives
- 11. Sexual battery
- 12. Robbery
- 13. Carjacking
- 14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
- 15. 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 person in familial or custodial authority
- 16. Burglary of a dwelling
- 17. Stalking and aggravated stalking
- 18. Act of domestic violence as defined in s. 741.28
- 19. Home invasion robbery;
- 20. Act of terrorism as defined in s. 775.30
- 21. Manufacturing any substances in violation of chapter 893; and
- 22. Offenses by Public Officers and Employees
- 23. Computer pornography
- 24. Hijacking
- 25. Organized Fraud
- 26. Procuring Minor for Prostitution
- 27. Voyeurism
- 28. Aircraft Piracy
- 29. Luring or Enticing a Child
- 30. Sexual Performance by a Child
- 31. Trafficking in Controlled Substances
- 32. Selling or Buying of Minors
If you would like a free no obligation with one of our skilled criminal law attorneys regarding a sealing or expungment, contact your Tampa Criminal Defense Law Firm at 813-223-5775.