Removal refers to the process of sealing or destroying court records of arrests and convictions that would be accessible as public records. It can be said that almost all states have adopted laws that allow people to expunge the arrests and convictions registration. This may vary, depending on state laws, but most states argue that once an arrest or conviction has been canceled there is no need to be disclosed. Criminal records may not entirely disappear and may be reviewed under specific circumstances and a court order is required to unsealed records when they have previously sealed. Generally, if your records have been sealed, you acquire the legal right to deny admitting anything to do with the legal events from the case in reference. Here, there are a number of situations which records are commonly sealed:
Criminal records cannot be accessed by normal means if they have been sealed. Even during a background check these records are not to be seen. Only a court order can make these records accessible. On the other hand, when your records are expunged, it is as if the crime never happened. They become unavailable for anyone to reach including by court order.
An expungement clearly wipes out the existence of records. There is no evidence left that the records existed or you were ever convicted of any criminal offense. Meanwhile, a sealed record still exists though no one can obtain it through traditional means.
Opposite to what people believe, a criminal record does not go away over time. Instead, it remains public until a judge orders it to be sealed or expunged. Serious problems are derived from having a criminal case.
A criminal conviction can hurt you in many ways. Every country has its own rules about visitors with criminal records, like the United States, some types of crimes are not admitted. Customs officials are able to use the CPIC system to determine if an individual has criminal records. Employers and landlords commonly require applicants to submit a criminal record background. It you have any criminal record; this could prevent you from being hired or approved for a rental. Also, a criminal record can impact you if you want to get insurance, adopt a child, purchase a firearm, apply for a loan, etc.
There are instances when our criminal record may qualify for sealing or expungement if you were arrested and not convicted of a crime.
An authorizing document of eligibility to sealing and expunging criminal history records can’t be handled under these conditions:
In many states, people who have been arrested or convicted of drug offenses or misdemeanors may get an easier way to cancellation.
The request of removal or sealing of criminal records as well as the restoration of civil rights and the right to own firearms can become a terrible headache. When hiring a criminal attorney this would work with you to file the petition with the appropriate documentation required, advocate in your favor, would appear to court for you and could answer any objection from the prosecutor. The legal system is designed in such a way that even if you have knowledge it is almost impossible to defend yourself.
Criminal defense lawyers are trained to spot specific arguments and factors that could even invalidate any potential crime, or even reduce your sentence or remove some or all of the charges.
Our criminal defense lawyers represent clients throughout Florida. Conveniently located in Miami, Gallardo attorneys know the criminal laws and the judicial system which is why they work hard on every case. Any judicial record can influence your life. Gallardo Law Firm provides representation to individuals and corporations facing criminal charges in South Florida.