A criminal record can influence every aspect of your life, from career opportunities to housing applications. Many residents in Florida seeking a fresh start face the critical question: How long does a crime stay on my record?
The answer depends on several factors, including the type of crime, whether it was a misdemeanor or felony, and whether steps like expungement or sealing have been taken.
Understanding Criminal Records in Florida
A criminal record is a document that contains your history of arrests, charges, and convictions. It is maintained by the state and is easily accessible to employers, landlords, and other institutions through background checks.
When you are arrested, the record is created, regardless of whether you are convicted. Even if charges were dropped or dismissed, the arrest record still exists unless specific action is taken to remove it.
Do Crimes Stay On Your Record Forever?
For most individuals, crimes remain on their record permanently unless they are expunged or sealed. Florida’s strict public records laws allow criminal records to be easily accessible, meaning they don’t simply “fall off” after a certain period.
However, there are mechanisms within Florida’s legal framework that can reduce the impact of a criminal record. Understanding these pathways is key to taking control of your future.
Types of Records and Timeframes
When considering how long a crime remains on your record, context matters:
Misdemeanors
For minor offenses such as petty theft or disorderly conduct:
- Misdemeanors will remain on your record indefinitely unless expunged or sealed.
- Future impact often depends on the severity and frequency of the misdemeanor.
Felonies
For more serious offenses such as burglary or drug trafficking:
- Felony convictions are also permanent on criminal records unless you receive a pardon, sealing, or expungement.
- These carry harsher consequences and may complicate job searches, housing applications, and professional licensing.
Arrests Without Conviction
If you were arrested but never convicted:
- The arrest remains on your record unless sealed or expunged.
- While these are viewed less harshly than convictions, they can still raise red flags during background checks.
Juvenile Offenses
Typically, Florida automatically seals or expunges certain juvenile records under specific conditions when a minor reaches legal adulthood. However, this doesn’t apply to all juvenile offenses, especially serious crimes.
Expungement and Sealing in Florida
Florida law allows individuals to petition for either expungement or sealing of their criminal records, depending on their circumstances. These legal remedies can provide significant relief by preventing most entities from accessing the record.
What’s the Difference Between Expungement and Sealing?
- Sealing a Record: When a record is sealed, it becomes inaccessible to the general public but remains accessible to certain agencies, such as law enforcement and the courts.
- Expunging a Record: Expungement goes a step further by physically destroying the record, making it inaccessible to almost everyone, including law enforcement (in most cases).
Qualifications for Expungement or Sealing
You may qualify under Florida law if:
- You were arrested but not convicted.
- The case resulted in dismissal, nolle prosequi (formal abandonment of charges), or acquittal.
- You have no prior criminal history.
- You are eligible for only one criminal record to be sealed or expunged in your lifetime (excluding certain juvenile cases).
It’s crucial to understand that convictions cannot be expunged or sealed in Florida. If you pled guilty or no contest and were adjudicated guilty, the record cannot be cleared through these processes.
Why Your Record Matters
Having a criminal record can seriously disrupt your life. Here's how:
Employment Opportunities
Many employers conduct background checks as part of their hiring process. A criminal record, even without a conviction, could impact your chances of landing a job. Sealing or expunging your record limits this visibility, restoring fairness in hiring practices.
Housing Applications
Landlords routinely review applicants’ criminal backgrounds. A clean or absent record improves your odds of securing stable housing.
Professional Licensing
Certain professions require background checks for licensure. For example, jobs in law enforcement, healthcare, and education often bar individuals with certain convictions from receiving licenses.
Peace of Mind
Beyond practical concerns, having a criminal record can feel disempowering. Pursuing expungement or sealing provides an opportunity to leave past mistakes behind, granting peace of mind to those seeking a fresh start.
Next Steps to Take Control of Your Record
If your criminal record is holding you back, here are the steps to start addressing it:
- Request a Copy of Your Criminal Record
Begin by understanding what’s listed on your record by requesting a copy from Florida’s Department of Law Enforcement (FDLE).
- Consult a Criminal Defense Attorney
Navigating the intricate laws around record expungement and sealing requires legal expertise. A skilled attorney can guide you through eligibility criteria and complex paperwork to increase your chances of success.
- Apply for Expungement or Sealing
If you meet the eligibility requirements, you’ll need to file a petition with the court. This process typically involves gathering affidavits and notarized forms and providing details about the case.
- Build Your Case for Other Legal Remedies
If you’re not eligible for expungement or sealing, explore other legal remedies such as pardons or clemency. An experienced attorney may identify alternative strategies based on your unique circumstances.
Moving Forward with Jacksonville Expungement Lawyers
Your past doesn’t have to define your future. While the permanence of criminal records in Florida is daunting, tools like expungement or sealing offer a chance to reclaim control over your narrative. If you’re unsure where to start, consult experts from The Law Offices of Kate Mesic, P.A..
At The Law Offices of Kate Mesic, P.A., we believe everyone deserves a second chance. Our expungement lawyers are here to help you get your life back by helping you get your criminal record sealed or expunged.
Contact our team at (904) 615-8950 for a free initial consultation, and let's begin crafting a strategic path forward so you can focus on building a brighter future.