If My Criminal Record Is Expunged, Do I Ever Have to Admit That I Have a Criminal Record?

There are many life situations that will require you to admit to a criminal record, such as applying to attend certain colleges or schools, when applying for a professional license, for loans and others. If you have been convicted of a crime, you are required to admit it on the form, which could make you ineligible.

Once your criminal record has been expunged, you no longer have to admit to your record while filling out forms. Police have access to criminal records that have been expunged, but other members of the public don't – including prospective employers. You no longer have to admit that you have been arrested, charged or convicted, once your criminal record has been expunged.

There are certain jobs that still require you to disclose that you have a criminal record, such as working as a government employee. If you are concerned about whether you are safe from having to admit to an arrest or conviction in a case that was expunged or sealed, talk to a lawyer who can advise you, based upon what type of job or license you are applying for. Generally, you do not have to admit that you have a criminal record once it is expunged or sealed.

Find out more about expungement from our Miami attorney, Jonathan Blecher, P.A.

How can I clear my criminal record in Florida?

If you have an arrest or conviction on your criminal record, it has likely created problems for you. When you apply for a job, a record of your arrest can be accessed in a background check, even if you were found not guilty. Unfortunately, people are judgmental. If all that a prospective employer sees is a DUI arrest, you could easily be passed over. 

Expungement Vs. Sealing A Record

There are certain crimes that can be expunged or sealed, and others that cannot. The two processes of expunction and sealing are different. In an expungement, the record is only accessible by court order, and when sealed, it is not available to the general public (such as a prospective employer) but can still be accessed by law enforcement and others in the criminal justice system and military. We have provided you with a general outline of the process.

Expungement Process 

The first step in the process is to get a Certificate of Eligibility, which allows you to petition the court for a record sealing or expungement. This certificate must be notarized, and you are required to be fingerprinted by law enforcement or other criminal justice agency. You are also required to provide a certified disposition about the case you are asking to have expunged or sealed. Any item that is missing on your request, or submitted incorrectly will lead to your application being returned to you without being processed.

Most people take a far easier route, and just call upon an attorney to get the record sealing or expungement completed. As you are not a legal professional, you could make a minor error that will delay the process. As with any legal matter, for the layperson it can be confusing and almost impossible to complete correctly. Note that in Florida, you only have the opportunity to request a seal or expunge one time in your life, except under certain circumstances.

Contact Our Firm Today!

Take advantage of the professional skills of our firm to clear your criminal record. Contact Jonathan Blecher, P.A. in Miami today.