Marc Joseph | October 14, 2024

Navigating the Legal Process for Record Sealing in Tampa

Having a criminal record can create lasting challenges in various aspects of life, from securing employment to housing and even educational opportunities. However, if you are eligible, Florida law provides an opportunity to seal your record, which can remove these barriers and help you move forward. Record sealing doesn’t erase the history like expungement but hides the information from public view, allowing you to legally deny the incident on most applications. Navigating the legal process for record sealing in Tampa requires knowledge of eligibility requirements, filing procedures, and the benefits it brings to your future.

In this article, we’ll explore the steps involved in record sealing in Florida, especially in Tampa, the legal requirements you must meet, and how an experienced attorney can make the process smoother.

If you’re considering sealing your criminal record, consulting with a seasoned Tampa criminal defense attorney like Marc A. Joseph can help you navigate this complex legal landscape.

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What is Record Sealing?

Record sealing is a legal process that restricts access to certain criminal records. In Florida, when a record is sealed, it is hidden from the public, which means that employers, landlords, and other private parties will not be able to access it through typical background checks. The sealed record is only accessible to specific government agencies, including law enforcement and the courts.

Navigating the Legal Process for Record Sealing in Tampa can have a significant impact on a person’s ability to rebuild their life after a brush with the legal system. Unlike expungement, where the record is completely destroyed, sealing keeps the record intact but unavailable for public view. This distinction makes it a valuable option for individuals looking to remove obstacles in their professional or personal lives.

For more information on how record sealing differs from expungement, visit the Seal and Expungement page.

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Eligibility for Record Sealing in Florida

To be eligible for record sealing in Florida, several criteria must be met:

• No Conviction: You must not have been convicted of the crime for which you are seeking to seal the record. This means the case must have ended with charges dropped, dismissed, or you were acquitted.
• One Record Only: Florida law only allows the sealing of one criminal record. If you have multiple records, you will need to choose which one you want to seal, unless those records are tied to the same incident.
• Exclusions: Some offenses are not eligible for sealing under Florida law. These include serious offenses like sexual battery, arson, child abuse, kidnapping, and certain violent crimes.

Before moving forward with the process, it’s essential to consult with a qualified attorney who can review your case and ensure that you meet the necessary criteria. You can contact a Tampa criminal defense attorney for a consultation.

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The Process for Sealing a Record in Tampa

Navigating the Legal Process for Record Sealing in Tampa Florida involves several steps, and the process can take several months. Below is a breakdown of the steps required to successfully seal your record:

1. Obtaining a Certificate of Eligibility

The first step in the process is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that you meet the legal requirements for sealing a record. To apply for this certificate, you will need to submit the following:

• A completed application
• A fingerprint card
• A certified copy of the final disposition of your case
• A fee to the FDLE

The FDLE will review your application and determine if you meet the legal requirements for sealing.

2. Filing the Petition to Seal

Once you have obtained the Certificate of Eligibility, you must file a petition with the court in the jurisdiction where the offense occurred. The petition should include the Certificate of Eligibility, a sworn affidavit affirming that you meet all eligibility requirements, and a proposed order for the judge to sign.

3. Court Hearing

In some cases, the court may schedule a hearing to review your petition. During this hearing, you may be required to explain why your record should be sealed. Having an experienced attorney by your side can significantly improve your chances of success.

4. Judge’s Decision

If the judge approves your petition, they will issue an order directing the relevant agencies to seal your record. Once sealed, the record will no longer be accessible to the public, and you can legally deny the incident in most situations.

5. Notifying Agencies

Once the judge has signed the order, the next step is to notify all relevant agencies to ensure the record is sealed. This includes law enforcement agencies and the courts. It is crucial to ensure that all agencies are notified, as any gaps in communication can leave parts of your record accessible.

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Benefits of Sealing Your Record

Sealing your record can provide a fresh start in many areas of life, including:

1. Employment Opportunities

Employers often conduct background checks as part of the hiring process. With a sealed record, you can legally deny that the offense occurred on most job applications, increasing your chances of securing employment. Learn more about the impact of expungement on employment, which closely relates to sealing.

2. Housing Opportunities

Landlords frequently run background checks on potential tenants, and a criminal record can result in an automatic rejection. Sealing your record can open up housing opportunities that would otherwise be unavailable.

3. Peace of Mind

Knowing that your past is no longer accessible to the public can provide a sense of relief and peace of mind. You can move forward without the constant worry of your criminal record affecting your personal and professional life.

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Why You Should Hire an Attorney for Record Sealing

Navigating the record sealing process in Tampa can be complicated, and any mistakes can result in delays or even denial of your petition. A skilled Tampa criminal defense attorney like Marc A. Joseph can guide you through the process, ensuring that all paperwork is filed correctly and advocating on your behalf if a court hearing is required.

Hiring an attorney significantly increases your chances of successfully sealing your record, allowing you to move forward with your life more quickly and with fewer obstacles.

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FAQs About Record Sealing in Tampa

1. What is the difference between sealing and expunging a record?
   Sealing hides the record from public view, while expungement completely destroys it. Both processes remove barriers to employment and housing, but expungement offers more protection.
2. How long does it take to seal a record in Florida?
   The process typically takes several months, depending on how quickly you can obtain the Certificate of Eligibility and file the petition with the court.
3. Can I seal more than one criminal record?
   No. Florida law only allows the sealing or expunging of one criminal record unless the records are connected to the same incident.
4. What types of crimes are not eligible for sealing?
   Certain serious crimes, such as sexual battery, child abuse, and kidnapping, are not eligible for sealing under Florida law.
5. Can I legally deny a sealed record on job applications?
   Yes. Once a record is sealed, you can legally deny the incident on most job applications and other official documents.
6. Will a sealed record show up on a background check?
   No. Sealed records will not appear on most background checks conducted by private employers or landlords.
7. Can the government still access my sealed record?
   Yes. Certain government agencies, including law enforcement and the courts, can still access sealed records.
8. Do I need an attorney to seal my record?
   While you are not required to have an attorney, hiring one can greatly increase your chances of successfully sealing your record.
9. What is the cost of sealing a record in Florida?
   There are several fees involved, including the FDLE fee for the Certificate of Eligibility and court filing fees. Your attorney may also charge legal fees.
10. Where can I get help with sealing my record in Tampa?
    You can contact a Tampa criminal defense attorney like Marc A. Joseph for expert guidance on sealing your record and navigating the legal process.

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Sealing your criminal record can remove significant obstacles to employment, housing, and peace of mind. If you’re ready to take the next step, consult with an experienced attorney like Marc A. Joseph today to explore your options and move forward with confidence.