Criminal Defense Questions: Can I get Expungement Without Conviction?

Question: I was arrested and given a citation for being in a hit and run give days after the “incident” happened. I was found not guilty. Can I apply to seal these court records right away so employers don’t see them?

Amir’s Answer: Several factors determine eligibility for sealing or expunging your record. First, the offenses you wish to address must meet the eligibility requirements. Second, you can’t have any convictions on your record from prior offenses. Third, to have your record expunged, the charges must have been dismissed. To have your record sealed, you must have received a withhold of adjudication. An adjudication of guilt (a conviction) will disqualify you from the process. If the charges were dismissed, you’ll want to have your record expunged, not sealed. Expungement is the deletion of the record and it offers you better protection from prying eyes. Finally, you can’t have applied for a sealing or expunging in the past. You’re only permitted to do it once in your lifetime, with the only exception being a juvenile matter that was administratively expunged following a diversion program.

It appears that you may qualify to have your record expunged. Should you wish to discuss this matter further, including what our fees are for our services, feel free to contact me at my main office in Orlando.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.
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