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West Palm Beach Records Expungement Attorneys

Records Expungement Attorneys in West Palm Beach

At Salnick Law, P.A., our West Palm Beach criminal defense lawyers believe people learn from mistakes and should not be forced to bear the burden of a criminal record throughout their adult lives. After all, many consequences of a conviction outlive the criminal penalties, including the inability get many jobs or work in certain professions, and even your ability to rent apartments, own firearms or qualify for certain types of government aid may be negatively impacted.

We believe the best way to keep convictions off your record is to vigorously contest the allegations with the help of an experienced defense lawyer. But too often those unfamiliar with the criminal justice system may go it alone and end up with a conviction, particularly if they perceive the allegations to be “minor.” In other cases, despite the help of an attorney, even when a significant reduction or dismissal is won, a conviction or record of a criminal charge without conviction may still stain the record of someone who has turned their life around.

The law recognizes the burden and in some instances permits criminal records to be sealed or expunged.

Record Expungement Eligibility

Under Florida Statute 943.045(16), expungement of a criminal history is defined as “court ordered physical destruction.”

Expungement is meant for charged crimes for which a defendant is not ultimately convicted. Records eligible for expungement include:

  • Cases where no indictment or charging document were filed. Or where the case is later dismissed or the subject of a nolle pros (a Latin term that means not prosecuted).
  • No prior criminal record of similar offenses, or no prior delinquencies in juvenile cases.
  • No prior sealed or expunged cases under Florida law.

No pending cases for sealing or expungement in any court.

When a criminal record is sealed, it is preserved “under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the information.” In these cases, the information in the case remains on file with criminal justice agencies but access by the public is barred.

Eligibility requirements for sealing criminal records in Florida include:

No prior finding of guilt for similar criminal offense, or no prior delinquencies in juvenile cases.

No adjudication of guilt or delinquency in the case to be sealed.

No prior sealing or expungement of a criminal record under Florida law.

No other petition to seal or expunge a record pending before any court.

Charge is not a disqualifying offense.

Is not excluded under related offenses.

Completion of probation or community control.

Related:   What Crimes Are Eligible for Expungement in Florida?

Disqualifying Offenses

Another reason to seek the help of an experienced criminal defense lawyer in West Palm Beach whenever criminal charges are pending or alleged, is that many crimes are not eligible for sealing or expungement. Too often, a defendant will plead guilty in an effort to put an incident behind him, without realizing the charge may never be removed from a criminal record.

Under Florida Statute 943.045(16), and F.S. 943.059, the following charges are not eligible to be sealed or expunged, unless charges were dropped or otherwise dismissed:

  • Sexual misconduct with a developmentally disabled person.
  • Sexual misconduct between an employee and mentally ill patient.
  • Luring or enticing a child.
  • Sexual battery.
  • Procuring a minor for prostitution.
  • Lewd or lascivious offenses upon or in the presence of a person under the age of 16.
  • Lewd or lascivious offenses upon or in the presence of an elderly or disabled person.
  • Sexual performance by a child.
  • Lewd, lascivious or indecent assault upon, or in the presence of, a child under 16.
  • Sexual activity with a child who is older than 12 but younger than 18.
  • Acts of domestic violence or related charges.
  • Computer pornography.
  • Traveling to meet minors.
  • Selling or buying of minors.
  • Any violation requiring registration as a sexual predator.
  • Providing obscene material to minors.
  • Voyeurism.
  • Violations of the Florida Communications Fraud Act.
  • Criminal conduct by public employees or officials.
  • Drug trafficking.
  • Acts under F.S. 907.041, including arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse, elder abuse, kidnapping, homicide, manslaughter, sexual battery, robbery or carjacking.
  • Burglary of a dwelling.
  • Stalking.
  • Home invasion robbery.
  • Terrorist acts.
  • Conspiring to commit one of the above crimes.
  • DUI
There can be many benefits to seeking sealing or expungement of a criminal record, including keeping a record from public view, avoiding discovery by potential employers, avoiding discovery by colleges or universities, preventing records from being discovered during background checks (with some exceptions, including applications to law enforcement or for school employment), protection of reputation and peace of mind.

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

In West Palm Beach, eligibility for record expungement includes cases where charges were not filed, were dismissed, or resulted in a nolle prosse (not prosecuted). Individuals with no prior similar criminal records, no prior sealed or expunged cases under Florida law, and no pending cases are eligible. Disqualifying offenses for expungement include various serious crimes, especially those involving sexual misconduct or violence. Consulting with an expungement attorney can help determine your eligibility and navigate the process.
Having your records expunged in West Palm Beach offers significant benefits. It can remove barriers to employment, housing, and educational opportunities by erasing public access to certain criminal records. Expungement can also restore eligibility for some professional licenses and rights, such as voting or firearm possession, depending on the nature of the crime. Additionally, it can provide a sense of closure and personal relief by legally allowing an individual to deny or not disclose an expunged criminal incident. It can also help avoid the stigma associated with a criminal record, allowing you to move forward with your life without the burden of past mistakes.
In West Palm Beach, certain types of crimes cannot be expunged. These generally include offenses such as sexual misconduct, child abuse, human trafficking, homicide, and other violent crimes. Additionally, severe drug offenses and crimes involving significant harm to others are also typically ineligible for expungement. It is crucial to consult with an experienced expungement attorney to understand the specific exclusions and explore your options.
Yes, even if a record is expunged, certain government agencies, like law enforcement or licensing boards, may still access it under specific circumstances. While it is hidden from the public, it is not completely erased from all databases. This means background checks for sensitive positions, like law enforcement jobs, may still reveal it. However, most private employers, landlords, or schools will not see it. Your attorney can explain which agencies retain access and how this might affect your future. This distinction is crucial in understanding the benefits and limits of expungement.
Florida generally only allows the expungement of one criminal offense in a lifetime. Exceptions are rare and usually involve related charges that stem from the same arrest or incident. This means if you have multiple separate arrests, you typically cannot expunge them all. However, a lawyer may explore sealing options for other charges. Understanding eligibility requires a careful review of your record. Legal guidance ensures you maximize the relief available to you.
If the court denies your expungement, you may still have options such as appealing the decision or reapplying after correcting deficiencies in your petition. Sometimes denial occurs because of paperwork errors or missing documentation. An attorney can help fix these issues and improve the likelihood of approval in a subsequent attempt. In some cases, sealing a record may be a viable alternative. Exploring all legal remedies helps avoid giving up on clearing your record. Denial does not always mean a permanent barrier to relief.
An expungement attorney in West Palm Beach can guide you through the complex legal process of record expungement, ensuring that all paperwork is properly filed and meets statutory requirements. They can determine if you are eligible for expungement based on your specific case history and the nature of the offense. The attorney can also represent you in court, if necessary, and advocate on your behalf to achieve the expungement of your criminal record, thereby helping to clear your name legally. For detailed assistance, reach out to us.

Additional Information in West Palm Beach

The 2023 Florida Statutes - Criminal Procedure and Corrections: Details the criteria and process for criminal record expungement in Florida, explaining who is eligible, what types of crimes can be expunged, and the legal procedures that must be followed. Understanding these statutes is crucial for anyone pursuing an expungement, as it outlines the necessary steps to potentially clear one's criminal record. This knowledge can be particularly helpful in preparing a case for expungement, ensuring all legal requirements are met.
National Association of Criminal Defense Lawyers - Restoration of Rights: Focuses on addressing the broad and severe impacts of criminal convictions beyond the legal penalties, such as barriers to employment, housing, and social services. The site provides resources and advocacy tools aimed at reforming these collateral consequences, promoting policy changes, and facilitating the reintegration of individuals into society. This resource can be particularly useful in a record expungement case by offering legal and practical information on how to mitigate or remove these consequences, enhancing the individual's ability to restore their rights and status after a conviction.
The Florida Senate - Expunction of Criminal History Records: Outlines amendments to the criteria for expunging criminal records. It specifically expands eligibility for expunction if the relevant criminal charges were dismissed or if the person was acquitted. Additionally, it includes a provision for individuals who had an offense committed as minors, allowing them a second chance at expunction. This document could aid in expungement cases by providing updated legal frameworks and clearer paths for individuals seeking to clear their records, reflecting new legislative changes effective from July 1, 2024.

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"My family and I are so grateful for The Salnick Law Firm. Michael and Greg treated me as if I was family. They believed in me at a time when I felt like the world was against me. Because of Salnick Law Firm I have my life back. Their expertise in criminal law gave me my freedom. I thought to be home with my family and free to travel was only a dream but it is reality! Thank you!"

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"Greg Salnick is a fantastic attorney. I am grateful for the care and time he put into my brother’s case. Greg was professional, knowledgeable, and accessible. Greg explained every step in the legal process, and we were thrilled with the outcome."

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"Greg Salnick is not just a great lawyer but a solid human being. He made sure that our entire family was kept apprised every step of the way and generally cared for the well-being of us all. Criminal cases are hard enough but with Greg in your corner you are getting the best hands down."

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"Could not ask for a better lawyer then Greg, was looking at life in prison but he was able to prove my innocence. He has helped many of my friends as well. Trust me I wouldn’t put my life in anyone else’s hands other then Gregs."

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