Orlando Record Sealing & Expungement Lawyer
All criminal cases have both direct and collateral consequences. Frequently, the collateral consequences, especially if the offense was a crime of moral turpitude, are worse than the direct consequences. A number of post-conviction remedies are available in these situations. Expungement or sealing, if available, is an excellent alternative in many situations.
The experienced Orlando record sealing & expungement lawyers at Joshi Law Firm, PA begin every post-conviction representation with a thorough case review. We need to know more about the circumstances of your prior arrest or conviction, as well as your needs and goals in a particular situation. Once we make this determination, we diligently work for you. Furthermore, we proactively communicate with you throughout the entire process, so you are never in the dark.
Record Expungement
A few former defendants are eligible for record expungement. This process involves the complete destruction of all judicial and law enforcement records concerning an arrest. Essentially, expungement is like a giant eraser which removes all traces of these records.
You probably qualify for expunction if your case was dismissed before trial or, for some reason, prosecutors never formally filed charges in court. This dismissal or non-filing could be due to a substantive reason, such as a lack of evidence, or a technical reason, such as prosecutorial discretion.
Expungement is a one-in-a-lifetime opportunity. You cannot have criminal records expunged if you have been through this process before or you have any prior criminal convictions. Our Orlando record sealing and expungement lawyers can expunge almost all misdemeanor or felony records, if the defendant meets the aforementioned qualifications.
Record Sealing
Sealing can apply to criminal conviction records. However, the process is much more complicated, as outlined below. Furthermore, the effect is different. Sealed records still exist. But only certain public entities, such as police departments, courts, and a few state licensing agencies, can view these records. Sealing records is like putting a lid on a boiling pot. The boiling water is still there, but no one can see it unless they lift the lid.
Most defendants are eligible to have their records sealed if they meet the following legal qualifications:
- No prior adult or juvenile criminal history,
- Not a prohibited offense (most sex crimes are prohibited offenses, as are fraud, aggravated assault, and a few other very serious crimes), and
- The defendant has successfully completed probation.
Defendants who meet the minimum qualifications are not guaranteed relief. Instead, an attorney must convince a judge that sealing is in the defendant’s best interests, and in society’s best interests.
Minimizing the harsh consequences of a criminal conviction is almost always in the defendant’s best interests. If the probation officer agrees with the petition, or at least doesn’t oppose it, most Orange County judges conclude that society’s interests are protected.
Contact a Dedicated Orange County Lawyer
The fight doesn’t end just because the judge’s gavel falls. For a free consultation with an experienced record sealing and expungement lawyer in Orlando, contact the Joshi Law Firm, PA. After-hours visits are available.