| Read Time: 2 minutes | Criminal Defense

Understanding Expungements and Sealed Records

When we are young, we tend to be wild and free. Most youth do not question nor consider the impact of that their actions presently will have on their future. However, youthful bliss and its carefree nature can leave you with life altering consequences. For instance when you are arrested and/or charged with a crime you will have a criminal record. Criminal records follow you a lifetime, and often times are the reason you are turned down from job opportunities, housing, as well as professional licensing. Though you may be frustrated or even feeling like you cannot progress in life because of your criminal record, there may still be hope. If you or a loved one have been unable to progress in life because of your criminal record contact an experienced Florida expungement attorney today to consult about your record. Expungements vs. Sealed Records in Florida Those who have a criminal record know how hard it is to get jobs and even housing and though this can be frustrating, options do exist. In Florida, you have the right to have your criminal record expunged or sealed. Expungements are governed by Florida Statute Section 943.0585 , while sealed records are governed by Florida Statute Section 943.059. Though you may think differently, expungements and sealed records are not the same thing and depending on which one you receive determines who can see your criminal record and who cannot. If your criminal record has been dismissed, if the charges were dropped or if there was no information filed then you may be eligible to get your record expunged, meaning the court will order the clerk, the arresting agency and FDLE to destroy the arrest records. This can be extremely beneficial to you because it should appear that your past actions never happened at all. When your record is sealed, the public, such as landlords and employers, do not have access to your record but governmental agencies will have access to it. It is important to note, that if you have previously had your record expunged or sealed, whether in Florida or another state, you will not be eligible for another expungement or seal. Though expungement and seal laws may seem straightforward, it can become quite complicated; therefore, it is in your best interest to seek legal advice. Need Legal Advice? Having a criminal record could make your life more difficult when you are maturing and progressing in life. Criminal records can keep you from getting a job, obtaining housing, as well as keep you from your inherent rights such as voting or owning a firearm. Frustrating as it may be, you have options. If you or a loved one would like your criminal record expunged or sealed, it is best to speak with an attorney about your case. Contact Moses & Rooth Attorneys at Law at (407) 377-0150 for an initial consultation.  

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| Read Time: < 1 minute | Leaving The Scene of an Accident

Governor signs new law for Leaving the scene of an accident

Governor Scott signed tougher penalties into law for leaving the scene of an accident criminal charges in the State of Florida. The Bill is called the Aaron Cohen Life Protection Act, named after a 35 year old South Florida Man killed in 2012 while bicycling. The bill is focused on increases the penalty for charges related to causing serious injury to another person. Governor Scott clearly is looking to protect families who are victims of these traffic offenses. The changes in the law include: Leaving the scene of an accident resulting in death to a person – The penalty was increased to include a mandatory minimum term of imprisonment for four years imprisonment. For the charge of leaving the scene of an accident resulting in the death of a person while driving under the influence, the penalty has increased to a mandatory term of imprisonment from two years to four years. The new law also requires a minimum drivers license revocation period of at least three years. The criminal traffic offense of leaving the scene of an accident was pushed for increased penalties from several politicians and Mothers against drunk driving. Leaving the scene of an accident often referred to as Hit and Run are many times correlated with impaired driving. Rather than face the consequences of a driving under the influence charge, an impaired driver will often times leave the scene of an accident to avoid the DUI investigation. While this is not always the case for these types of charges, its clear that the impaired driver was the focus of the increased penalties. Those in opposition of the Bill believe that the penalties take the discretion out of the hands of the prosecutor and the judge for these types of charges.

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