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Record Sealing & Expunging We Fight For Your Freedom

Expungement Attorney in Melbourne

Fight for Your Future

Criminal and arrest records are public information that anyone who is interested in seeing, can access. With the increase in technology and simplicity involved in requesting this information, those with a record are vulnerable to adverse effects they have never thought about. This includes being ineligible for certain types of jobs and industries and having those you would rather not know about your past having full access to what is most likely your worst moments in life.

Considering the countless issues that can arise from having a permanent record, finding options and avenues with which to get rid of this incriminating and embarrassing information is vital in moving on with your life. The most efficient and timely way to do this is to begin working with a criminal defense attorney who understands the process involved and can lead you through the steps and get your record sealed or expunged.

Brevard County Record Sealing Attorney

With technology, it seems that none of our personal information is private anymore. With criminal histories, a simple visit to a state website can reveal this information with one click of the mouse. Considering the negative ramifications that can transpire because of this, sealing or expunging your criminal record will not only give you peace of mind, but it will also allow you to focus on moving forward instead of worrying about the past.

The attorney at The Law Offices of Bryan J. McCarthy is experienced in the record sealing procedure and can get you started right away on erasing the past mistakes that you have already paid for. With strict adherence to proving great client service, the firm can be counted on to move you through this process in a timely and effective manner. They will inform you of the steps involved and will make certain that you know exactly what needs to be done.

To schedule a risk-free consultation to discuss if you are eligible to get your Florida criminal record sealed or expunged, contact us at (321) 248-7742 or send an online message. 

What are the Differences Between Sealing Vs. Expunging?

Although many believe that the two terms are one and the same, they each have different purposes and end results. As for record sealing, the goal of the process is literally sealing your record without destroying it. Sealing your record means that your record (police, state attorney, other agencies, and court records) are physically sealed and put away in a vault so that no one without a court order may have access to them.

Your information regarding the charge is removed from the Criminal Information Justice System (CJIS) and the record won’t show up in any background check relating to you. After 10 years of having your record sealed, you may ask the Court to expunge or destroy the record. If you took a plea and received a withhold of adjudication you can only seal your record assuming you qualify.

Expunging a record means that the record which is expunged is physically destroyed. Only one copy of your record is retained by the Florida Department of Law Enforcement and that copy is not viewable by anyone without Court order. No agency is allowed to say that you even had a record sealed or expunged or the person divulging the information may be charged with a first-degree misdemeanor. Also, information regarding the charge expunged is removed from CJIS (Criminal Justice Information System) so that it doesn’t come up on any background checks.

What is Florida's Record Sealing/Expunging Process?

To begin the process of sealing or expunging your record, a sworn statement by the petitioner is required, attesting that the petitioner:

  • Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing a felony or a misdemeanor specified in s. 943.051(3)(b).
  • Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.
  • Has never secured a prior sealing or expunction of a criminal history record, or from any jurisdiction outside the state.
  • Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court.

When it comes down to the process itself, once an order has been issued by the court to seal or expunge your criminal history record and a certified copy has been received by Florida Department of Law Enforcement (FDLE), they will then seal or expunge the criminal history record. Once the FDLE seals or expunges the criminal history record, a letter notifying the arresting agency involved in your case will be sent by the FDLE. The notification letter expressly informs the arresting agency that the Florida Department of Law Enforcement received and complied with the order in accordance with the Florida statutes relating to sealing or expunging records.

Once the court grants an order to seal or expunge your criminal history record, the Clerk of the Court certifies a copy of the court order to the State Attorney’s Office and the arresting agency. The arresting agency is then responsible for sending a certified copy of the court order to all agencies that are known to have received the criminal history information. In addition to the FDLE, these agencies may include the Department of Corrections, Teen Courts, Department of Juvenile Justice and the Department of Highway Safety and Motor Vehicles.

Contact The Law Offices of Bryan J. McCarthy Today!

If you or a loved one currently has a criminal arrest record that you would like to seal or expunge, then working with the experienced and qualified criminal defenses attorney at The Law Offices of Bryan J. McCarthy would be in your best interest.

With years of experience helping those who have paid for their crimes and want to erase this history by sealing their records has given the legal team the knowledge and strong comprehension of the procedure to efficiently guide you through this complex process.

To schedule a free and confidential consultation to go over your case in detail, call (321) 248-7742. The legal team proudly represents individuals accused of criminal acts throughout Brevard County, Orange County, Volusia County, Seminole County, Indian River County, or Osceola County.

Contact Us Today!

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  • "When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. "
    I had never previously been in an ounce of trouble; not even a detention in high school. When I learned that I had been charged with a felony punishable by a maximum sentence of five years of imprisonment, my life flashed before my eyes. I as stunned and shell-shocked by the experience. When I was contemplating my options on a public defender or a lawyer, my friend, who had been in trouble recently, recommended “The Savior” (at least that’s what I call him now!) Mr. McCarthy! This man knows what he’s doing! When I had my free consultation with him, I was blown away. His professionalism, intelligence, and character is everything you would ever want in a lawyer. Bryan knows the law inside and out to the point where once you leave the office, you’ll be gaping with eyebrows raised and say to yourself, “Wow … I’m impressed.” Needless to say, I felt ten times more comfortable coming out of that office than I did going in. When consulting with him, he utilized the perfect blend of realism and reassurance to let me know of my potential outcomes while simultaneously restoring my peace of mind. I felt that I could live worry-free after hiring him. Oh, and guess what?! After his dedication to my case, I learned about a month later that the charges were COMPLETELY DROPPED! You read that right! COMPLETELY DROPPED! I was so thankful that I looked up into the sky and shed tears with my mom’s arms wrapped around me, and it was all because of Mr. McCarthy. This man made the continuance of my dream to pursue teaching possible! Whatever you are looking for in a lawyer, I guarantee you!! Mr. McCarthy is the man! He is “The Savior!”
    S.M.
  • "He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend!"
    I hired Mr. McCarthy and could not have made a better choice! He asked all the right questions and was very careful to make sure he understood my case so that he was prepared to represent me at a hearing that I could not attend! Needless to say his preparation paid off for me! The hearing was ruled in my favor thanks to Attorney Bryan McCarthy! I would high recommend Bryan to anyone!
    J.M.
  • "Thank you again for being a real lawyer."
    I just wanted to thank you for serving as a good example for all lawyers out there. Thank you for taking care of my friend and her son and for going the extra mile. I know it’s not easy. All too often I hear terrible stories about how some bad apples treat their clients. It’s nice to know that I’m not the only one who treats their clients almost like family. Thank you again for being a real lawyer.
    E.B.