Monday, March 3, 2014

What Shows On A Background Check After An Expungement


Expungement is supposed to make it easier for people to find a job or housing.  Essential to this happening is the expunged record not showing-up on background checks.  Unfortunately, that is often not the case— especially during the first year after the expungement.

When a court expunges or seals a criminal record, the court will notify all relevant government agencies and instruct them to seal or expunge their copy of the records.   However, courts do not have the time, budget or expertise needed to notify private sector background check companies.

Instead, what happens in most cases is that the background check company, which already has a copy of all of the courts records, will eventually back and purchase a new copy of the records.  When they purchase the new copy of the records, the expunged or sealed criminal record will no longer be on it and, therefore, no longer on any background check provided by that company.  The problem lies in the fact that most background check companies only purchase updates about once a year.  So there is a good chance that someone's expunged or sealed criminal record will continue to be reported on background checks.

A quick search of the internet will reveal hundreds of stories about people being denied a job or housing because of a record that was already expunged or sealed.  It is grossly unfair and defeats the policy objectives of expungement.

Getting Expunged Records Off Of Background Checks


The solution for this problem is as obvious as it is difficult for the average person.  The background check companies have to be notified about the expunged or sealed record.   This is yeoman's work.  There are hundreds of background check companies.  Finding them and contacting them would be exhausting for someone who does not have experience doing this.

Our law firm can solve this problem for you.  We can insure that your expunged or sealed criminal record does not appear on background checks within 14 days or less.  This service currently costs $399 for non-clients and $199 for existing clients.

Visit ClearMyFloridaRecord.com for more information.

Monday, March 10, 2008

Are records ever automatically expunged?

Arrest and conviction records are never expunged or sealed automatically after a period of years. Individuals seeking expungement generally have to apply in writing and follow the established procedure.

What is the first step you need to take to get your Florida criminal arrest record sealed or expunged?

Please carefully read all the information on this website to find out if you qualify as a potential candidate for having your Florida criminal history record sealed or expunged. If you determine you do qualify, or are unsure, submit your case information via our "Free Consultation" page. Attorney Heider will gladly review your charges at no cost and tell you if you may qualify for sealing or expungement. Once it is determined you do qualify as a candidate for the sealing or expungement of your criminal history record, The Law Offices of Michael T. Heider, P.A. look forward to being afforded the opportunity to represent you!

How a licensed Attorney can help you?

By hiring an attorney, you can be sure that your petition for criminal record sealing or expungement will be handled in a timely and professional manner. Although most firms charge between $500 and $1,000 dollars, plus filing fees and court costs, our fee is only $375, plus a $75 charge paid to the Florida Department of Law Enforcement. If you request that we obtain a certified copy of your final disposition, there is a $25 fee charged. WE PAY ALL COURT COSTS! In the event a court hearing is required, an additional appearance fee of $250 dollars is charged. Most petitions for sealing or expunging do not require a court hearing, however. This means you normally pay no more than $450-$475, no additional costs or fees! We invite you to compare our low fee to other law firms and form services. Rarely do other firms fees include court costs, which can run between $40-80. For details on the fees breakup click here

Are you "handcuffed" to a Florida criminal arrest record?

Have you been arrested in Florida, but never convicted of a crime? Are you tired of a mistake haunting you on job applications and background checks? If you answered yes to these questions, there is hope. Florida law provides that certain criminal arrest records stemming from a single arrest or incident may be either sealed or expunged, which means you can deny the record exists in all but a few instances, and it will not show up on most background checks. If you were a juvenile when you were arrested, please click here.

What if I was a Juvenile when I was arrested?

Florida law provides that an arrest that occurred while an individual was a juvenile may be eligible to apply for a Juvenile Diversion Expunction. If a juvenile has successfully completed a prearrest, postarrest, or teen court diversion program, that individual may apply to have that incident expunged. A juvenile diversion expunction does not count as a sealing/expungement for purposes discussed in this website, so that individual may still apply for a sealing/expungement if they are arrested again later. However, an application for a juvenile diversion expunction must be filed within six (6) months of completing the diversion program. After that time frame, the individual would have to apply for a regular sealing or expungement. We are happy to help you apply for juvenile expunction (the fee for a juvenile expunction application is $275, plus the $75.00 application fee), please contact as soon as possible so you do not miss out on your window of opportunity!

Will I be required to appear in court?

In most cases, you will not be required to appear in court for a hearing on the sealing or expungement of your Florida criminal arrest record. However, in the event a hearing is required, I highly recommend you attend the hearing with me to show the court how important it is to you that you be granted a sealing or expungement. If a court appearance is required, a $250.00 appearance fee is charged.