There are two options for getting rid of a criminal record:
Leon County Record Sealing:
When you are granted a sealing your criminal records, it means that your criminal record, weather held by the police and/or the courts are literally sealed, and thus protected from public view. Once Tallahassee/Leon County Attorney Ian Nesbeth has your record sealed, your entire record - including arrest report, mug shot, fingerprints, and criminal disposition is no longer available to the public. You should know that the state of Florida provides for seven specific circumstances where your record would still be visable.
As soon as Tallahassee/Leon County Attorney Ian Nesbeth has your record sealed, you can legally say that you have never been arrested, charged, or convicted of a crime. You can legally say this in a job interview, an employment application, or any other instance. You should also know that a sealed record also restores your right to vote, to hold office and to serve on a jury.
Tallahassee/Leon County Attorney Ian Nesbeth will:
- Obtain a certified copy of the deposition of your case
- Apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility.
- File the Certificate of Eligability an affidavit, a petition, and an Order to the Clerk of the Circuit Court.
- The Clerk of Courts will forward the petition and order to the appropriate judge for their signature.
Tallahassee Criminal Record Expungment:
Even if you were found not guilty at trial or your case was dismissed, you must take action to clear your criminal arrest record in order to fully restore your reputation and criminal background checks. Most individuals must wait a period of time before filing to have their record sealed or expunged, if you were found not guilty, or if the charges were dropped, you may be immediately eligible for expungement.
In Florida, once your record is expunged, your criminal record is effectively destroyed. If an employer performs a background check, nothing will show up. You can legally answer "no" when asked if you have been arrested, charged or convicted of a crime. Even those government and related entities that have access to sealed records cannot access your record without a court order.
Tallahassee/Leon County Attorney Ian Nesbeth will:
- Obtaining a certified copy of the deposition of your case.
- Obtain required signatures from the State Attorney's Office
- Applying to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility.
- Filing the Certificate of Eligability, an affidavit, a petition, and an Order with the Clerk of the Circuit Court.
- The Clerk of Courts will forward the petition and order to the appropriate judge for signature.
Our office will first determine if you are eligible to have your criminal charge expunged. If you are eligible, we will begin the process of clearing your record. When your record is successfully expunged, the record will be destroyed by every criminal justice agency having custody of the record.
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