If you have a Florida criminal record, it can follow you for the rest of your life in getting housing, getting a job, and obtaining a government license because they will show up on any background check someone wants to run. These reasons and others are why it is vital to defend yourself from the beginning against any charges brought upon you, so help prevent potential criminal convictions. Sometimes even if your case is dismissed or you win, it may still become public record and continue to pop up on background checks for years to come. Thankfully, if there are items on your criminal record, you may be able to get a new start by expunging or sealing the record. Fortunately, Florida has certain processes to assist people with particular criminal records to avoid some of the consequences that can result.

What is the difference in expunging and sealing a criminal record?
Expunging a record or "Expunction" goes further than sealing because it will actually physically destroy the records of that criminal case. Technically, the Florida Department of Law Enforcement maintains one copy of the record but it is sealed from public view. "Sealing" a record on the other hand simply means that all information related to a criminal case is sealed from public view. It also means that the sealed record cannot be viewed by the court system, and criminal justice agencies are not allowed to know the details of the case or even of its existence. Whereas there are a few exceptions, but the only way for someone to view a criminal record that has been sealed is to obtain a judge's order.

Expunging a criminal record has many more limitations such as when a case can be expunged and which cases can be expunged. There are usually only certain records that are allowed to be expunged as well as only the ones where the charges were dismissed or dropped by the court. If you were not found guilty of the crime or if adjudication was withheld, most likely you will only be able to have the record sealed. Not only are there many limitations regarding expunging a criminal record, there are also many requirements, which can make things complicated rather quickly. If you do not have a criminal attorney, get one and discuss your case with him or her so that you will know how the law applies and which charges you may be able to expunge. A lot also depends on when the crime occurred and what has gone on since then.

Getting a Fresh Start
Having your criminal record expunged or sealed can help you make a fresh start because the "Criminal Justice Information System" no longer has access to those records allowing your criminal background check to come up clean. If your case has been sealed or expunged, it is a first degree misdemeanor for any criminal justice agency or parties involved to divulge any information about the case.