What Happens Once The Offense Is Removed From A Record

Interviewer: What happens after the five years? Are the offenses sealed or removed from the record? What happens to them?

Amir Ladan: Well, that’s a bit of a gray area. The statute indicates that FDLE must maintain the record up until that point. Based on the verbiage of the statute, it would at that point be wiped clear, but it’s not an expungement in a traditional sense. I don’t know what the practical impact of that statute is on people’s records. The requirement is to maintain it at least up until that point.

Can an Attorney Assist in Removing Charges From Your Record?

Interviewer: Would it be a good idea for juvenile offenders who are adults, now that beyond the danger zone of five years, to talk to an attorney? Is there is anything that can be done to insure that record is sealed or the charges removed?

Amir Ladan: The key here is going to be timing. I always think it’s wise to at least look into it. Most criminal defense lawyers will offer a free consultation. You won’t be out of any money to make a phone call or send an email and ask about a situation. I would definitely encourage them to seek legal counsel. Whether there’s something to be done proactively or not would be the next step. That’s what the attorney would be able to help them with.

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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