Florida Statutes are always being updated, and sometimes, they are dramatically changed during sessions of the state legislature. One of the more notable recent shifts in those Statutes involves the expungement of criminal records. Over the past few years, state law has changed to allow far more people to apply for records related to prior arrests to be hidden from public view or physically destroyed.
Getting a basic understanding of St. Petersburg expungement laws could be a key first step towards effectively enforcing your rights and moving on completely from a previous brush with Florida state law enforcement. Here is a brief overview of the specific sections of the Florida Statutes that pertain to expungement and record sealing, all of which a qualified expungement lawyer can go into more detail about as needed during a private initial consultation.
The main reason why expungement and record-sealing are something that people with criminal histories need to worry about in the first place is Florida Statutes §943.053, which is the section of state law that grants the general public access to the criminal records of other state residents. Primarily because of this statute, the fact that someone was accused of or charged with a crime without being convicted of criminal wrongdoing will still show up in a background check conducted by a prospective employer or landlord, as well as in checks conducted for other reasons—for example, an application for a concealed carry permit.
Another similar law relevant to expungement proceedings in St. Petersburg is FL Stat. §943.051, which specifies exactly what information law enforcement authorities are supposed to collect and preserve during criminal proceedings. Notably, it also lists specific juvenile offenses which, if they end with an adjudication of delinquency, will likely disqualify that person from eligibility for future expungement of criminal records for any other criminal proceeding they are involved in.
The two most important laws for anyone seeking expungement of criminal records in St. Petersburg to know about are FL Stat. §§943.0585 and 943.059. The first of these two statutes is the one that establishes the requirements, restrictions, and rules for processing petitions related to “court-ordered expunction of criminal history records.” Anyone who files a petition in compliance with this statute should be able to have all records related to the case their petition is built around permanently and physically destroyed.
The second of these two statutes instead addresses “court-ordered sealing of criminal history records,” which has broadly similar rules and requirements as expunction but is available to slightly more people and results in records being sealed away from public view rather than outright destroyed. A capable attorney can explain the pros and cons of both options and offer guidance about which one might be the best course of action for a particular petitioner.
To reiterate, these are just the sections of state law pertaining to expungement petitions that are most valuable for the average person to know about in advance of trying to file such a petition. There are numerous other St. Petersburg expungement laws that may play into the legal process once a petition is actually filed, any one of which could end up keeping you from getting the outcome you want if you are not suitably prepared for them.
Put simply, having help from knowledgeable legal counsel will almost always be essential to ensuring that state law works in your favor as much as possible while pursuing the sealing or expunction of criminal records. Call today to discuss your options.