Can you Get a Reckless Driving Expunged in Florida?

February 21, 2020 Seal or Expunge Criminal Record reckless driving, seal and expunge

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If you have been arrested for or accused of a Reckless Driving Charge in Florida it will likely appear as part of your criminal record. This means that when a background check is performed a record of that accusation or arrest will show up. This applies even if there has never been a conviction for reckless driving. In some situations, such as school or job applications you may have to disclose the charge.

Sealing and Expunging a Record

Sealing and expunging a reckless driving charge is only possible if adjudication is withheld, the case is dismissed, or you are found not guilty at trial. If a Reckless Driving or a DUI charge is currently pending, seek out a Criminal Defense attorney in your area. The attorneys at Pumphrey Law will aggressively fight for your cause and may be able to get your cased dismissed entirely. Call us at (850) 681-7777 or send an online message to set up a free consultation today.

Even when a case does qualify for expungement, it will continue to show up in private and public background checks, and disclosure is required. The legal process of expungement must be sought in order to stop background checks from seeing the charge, and to avoid disclosure.

If you have been charged with or arrested for – but not convicted – of reckless driving, you may be eligible to have your record sealed or expunged. The process to have a record sealed or expunged is long and complicated, and an experienced Tallahassee criminal defense lawyer experienced in the process can help guide you through the complex procedure to seal or expunge your reckless driving record.

What is the Difference between Sealing and Expunging a Record?

When a record is sealed or expunged the public will no longer have access to that record. Some entities (usually tied to the government) will have access to a sealed record. These entities include – but are not limited to – the subject of the record, the subject’s attorney, criminal justice agencies for their respective criminal justice purposes, including criminal history background check for approval of firearms, judges as part of their duty, and licensing authorities.

If a record has been expunged the only information a government entity could see is that a record has been expunged. Any specifics would require a special court order.

If a Record Has Been Sealed, Do You have to Disclose it When Asked?

If you are being asked about criminal history, and you are unsure whether a record has been sealed or expunged it is always prudent to contact a qualified criminal defense attorney to assist.

Generally speaking however, an individual may deny or not acknowledge a sealed record unless: seeking employment with a criminal justice agency, you become a defendant in another criminal prosecution, applying as a candidate for admission to The Florida Bar, seeking to be employed or licensed by a governmental department dealing with at-risk individuals (children, elderly, disabled, ect.), attempting to purchase a firearm or secure a concealed carry permit,  seeking to be licensed in an insurance or finance capacity, or seeking to be appointed as a guardian. Other exceptions may apply, and it is recommended to speak to an attorney before omitting any criminal record.

Process to Expunge or Seal Reckless Driving Records in Florida

First is an application with the Florida Department of Law Enforcement. This includes fingerprints and a certified disposition. This application must be signed in front of a notary as well. When seeking expungement, the State Attorney with jurisdiction must complete part of the application.

Once the Florida Department of Law Enforcement certifies eligibility a petition must be filed in the jurisdiction where the arrest or accusation occurred. You or your attorney can contact the Clerk of Courts in that jurisdiction to obtain forms for a Petition, Affidavit, and Order, although your attorney likely has these on hand. The affidavit must also be notarized.

These forms must then be filed along with the certificate obtained in the first step with the appropriate court and served to the State Attorney’s Office. This must usually be performed within six months of receiving the certificate.

The order to seal or expunge must be signed by a judge, but sometimes a hearing must be scheduled to speak to the judge directly. The entire process takes about a month.

Tallahassee Seal & Expunge Attorney

Don Pumphrey and the firm have years of experience representing defendants in criminal cases and assisting with sealing and expunging procedure. They are dedicated to defending the rights of clients, and they will fight to preserve your rights during a sealing or expunging procedure. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with our legal team.