Timothy C. Foster, Esq
DUI & Felony Defense 561-616-8700

Expungement and Sealing of records

With the increasing incidence of background and security checks, we are receiving many calls concerning record expungements and record sealing. Most clients are reporting difficulties in obtaining employment, bank loans, and even apartment leases because they have a prior indescretion in their history.

What is the benefit of having my record expunged or sealed?

The question "Have you ever been arrested...?" frequently appears on employment applications, and increasingly on loan and lease applications. Once your record has been expunged, you can LEGALLY DENY or fail to acknowledge the arrests covered by the sealed or expunged record.

A common misunderstanding about your arrest record

Some people are under the impression that if they have been arrested and charges are later dropped (or never filed), that somehow their record will be 'wiped clean.' Unfortunately, this is not the case, as there is still a record of the initial arrest. The record of the arrest itself, even if nothing ever came of it, must be expunged.

Who qualifies for an expungement?

A person who has NOT been adjudicated guilty (convicted) as an adult, and who has not previously sealed or expunged a record may qualify, but there are exceptions.

What charges may NOT be expunged?

Charges that may NOT be expunged (even if you received a Withhold of Adjudication) include:

  • Abuse of an elderly person
  • Domestic violence
  • Aggravated assault or aggravated battery; carjacking
  • Drug trafficking
  • Child abuse
  • Offenses by public officers and employees
  • Sex crimes against children, including computer pornography involving a child


This is only a partial list, so please call with any questions about your individual circumstances.

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