Photo of Corey Cohen

Sealing and expungement; Post Arrest

On Behalf of | Jan 5, 2015 | Post Arrest

Your case is closed and post arrest you want to get your case sealed or expunged. Sealing and expungement; post arrest is very important especially in this economy where jobs are hard to find. Many people wonder what the difference between sealing and expungement[A1] is. First question is whether you are able to do either. You cannot have any convictions on your record and your case had to be either dismissed or you received a withhold of adjudication for a charge that qualifies to be sealed. There are some charges even if you have no criminal history and you received a withhold of adjudication you cannot seal or expunge them.

What is the difference between Sealing and expungement; Post Arrest?

1. expungement is only allowed when you have a charge dismissed by the state and they either file a no information notice or a nolle prosequi. This will wipe your record clean for the most part, there are some governmental agencies that will possibly see it and require you to disclose an expunged record.

2. Sealing is that you took a plea of guilty or nolo contest but the court withheld formal adjudication of guilt. The sealing will also take the charge off your public record and background search.

To be able to seal or expunge a case you cannot have any prior convictions for any criminal cases or matter how long ago or what they were for.

You can attempt to seal or expunge a case yourself or hire an attorney to complete the process for you. It is a lengthy process that may require a court hearing at the end once you have meet all of the requirements of FDLE.



FindLaw Network