Florida Criminal Lawyer Blog

National unemployment rates are around 10%, but here in Florida, unemployment has reached 11.5%, the highest it's been since the mid-seventies. As a result, our Palm Beach criminal defense law firm is seeing a record number of clients who want their criminal records expunged or sealed.

In fact, more than 14,000 Florida residents had their records sealed or obliterated in 2008 (which is the last year complete records are available at this time). That's double the number from 2007, which is not surprising given the current job climate.

Of course, one issue remains unresolved, and that is the data mining companies who compile information from courthouse records and sell that data for a fee. Unfortunately, there is no legal precedent for forcing these private companies to remove outdated information, if a judge approves sealing or expunging someone's record.

Source: Florida Criminals Expunging Records, LiveShots, January 5, 2010

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While the laws in 41 states allow those accused or convicted of crimes to have their criminal records expunged, that right is being challenged by the proliferation of large commercial databases. Records that were once only available only to law enforcement agencies, courts, and corrections departments are now being digitized and sold in bulk to the private sector.

The trouble is that these databases are not always updated when someone's criminal record is expunged, so those arrests or convictions can still show up in criminal background checks requested by employers or landlords. While these database companies claim that they are careful about updating records to reflect expungements, lawyers and other legal experts say that people do lose housing or jobs because of information that should have not expunged and was not.

In fact, a few lawsuits have illuminated this problem. One suit filed in federal court in 2006 involved a 33-year-old man who was convicted of disorderly conduct ten years prior and had a job offer rescinded because of misinformation in his background check.

Source: Expunged Criminal Records Live to Tell Tales, New York Times, October 17, 2006

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Our South Florida criminal defense lawyers recently read a Wall Street Journal article that discusses the impact of criminal records on job seekers. Because of increased competition for jobs and the relative ease with which employers can conduct background searches, more and more job applicants are looking for ways to legally clear up their criminal records so they can compete for job openings. According to the article, 80% of companies performed background checks in 2006, while less than half performed background checks just eight years earlier.

Here in Florida, the state has sealed or expunged close to 15,000 criminal records in the fiscal year that ended June 30, an increase of 43% over the previous year. The laws vary by state, but generally felonies like armed robbery or sexual assault cannot removed from one's criminal record, while lesser crimes like shoplifting, petit theft or possessing a small amount of marijuana can be sealed or expunged depending on the details of the case.

When a criminal record is sealed, it means that the public does not have access to it, but certain governmental or law enforcement agencies may view the information. Expunging a record means that the details cannot be accessed without a court order, but those entities would be informed the person's criminal information has been expunged from their record.

Source: More Job Seekers Scramble To Erase Their Criminal Past, Wall Street Journal, November 11, 2009

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Last Friday, we gave some background information on criminal records, so this blog post will cover more specifics on managing a criminal record. The good news is that criminal records only include information on crimes or arrests for crimes, not traffic violations. If you've paid all your traffic tickets, you won't have a criminal record unless there are other incidents in your past such as DUI arrests or other crimes.

Many clients are also reliever to hear that it is sometimes possible to have your criminal record sealed or expunged. Once your record has been expunged, you can legally state that you do not have a criminal record, although the information is still accessible to law enforcement or government officials.

The rules for having a criminal record expunged vary by state, but a judge is most likely to grant an expungement if the record consists of a minor first offense. The judge also considers the type of crime committed, the length of time that has elapsed since the arrest or conviction, and whether the person has been arrested or convicted since that incident.

Managing a Criminal Record, HowStuffWorks.com

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Many of the clients in our South Florida law practice have questions about criminal records and how this can impact their futures. This blog post will give some basic background on criminal records.

A criminal record contains information about a person's arrests and convictions. Local police stations used to keep this information in handwritten or typed files, but now with more sophisticated computer databases, it is much easier for police agencies to track suspected criminals and share information about a person's criminal activity.

Your criminal record begins when you are arrested for a crime. Usually, the person is fingerprinted and photographed along with information about the circumstances surrounding the arrest. If you are convicted of a crime, then that information gets added to your record.

An estimated 6.5% of the United States' population has a felony record, so criminal records are much more common than many people believe. In a future post, we plan to discuss the different forms of criminal records and how the records are stored.

How U.S. Criminal Records Work, HowStuffWorks.com

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