Pinellas County Florida Criminal Lawyer Blog

Many people tell me they have no prior criminal record. 

"What about juvenile crimes?"  I often ask.

"Oh, yeah those, but those went off my record when I turned 18." they tell me.

JUVENILE CHARGES, ARRESTS, OR CRIMES, do not go off your record when you turn 18. 

If you get in no other trouble after you commit one juvenile crime, your record will automatically be expunged when you turn 24.  HOWEVER, there are certain juvenile crimes, like sex crimes, and violent crimes, and crimes involving firearms or explosives, that will not be automatically expunged from your record at 24.  EVEN IF YOU NEVER COMMIT ANOTHER CRIME.

Practically speaking, it may be difficult for anyone to find the record since all of the clerk's offices in Florida (or any one I've ever been to) will not let anyone but the attorneys see a juvenile court file. 

However, if a potential employer, or spouse, or anyone does a background check through the Florida Department of Law Enforcement, they will most likely be able to find the record. 

In a recent case from Tampa, Florida, the police stopped a kid for not having a bell on his bicycle. According to the Tampa Florida City Ordinances, it is illegal to ride a bike without a bell.  

Beyond the obvious question of: "Why take time making these ridiculous rules?" is  - "Don't these cops have something better to do?"  Apparently not.  When the cop stopped the kid for not having the bell, he arrested him and searched him.  In a search incident to the arrest the cop found marijuana.  (See Fla. L. Weekly D261b - L.B.B. v. State of Florida, 2DCA, January 30, 2009)  Luckily, the higher courts decided that a person cannot be arrested and searched for a bicylcle related city ordinance because it's a non-criminal infraction. 

In Florida, apparently, you are safe from unlawful search and seizure if you don't have a bell for your bicycle.  But it doesn't mean the police can't stop you and give you a ticket.  Surely, they must have something better to do.

If I had a dollar for every call I've gotten over the years for people who want to cover their criminal tracks, I'd be rich.  Unfortunately, it's not as easy as it seems to seal or expunge your Florida criminal records. First of all, there's a difference between sealing and expunging. 

Sealing merely means that the record becomes confidential and cannot be disclosed to the public.  It's still physically there as are the fingerprints. 

Expunging means that the file is physically obliterated and destroyed and can not be disclosed to the public. 

In either case, if you apply for admission to the Florida Bar, Department of Children and Families, for a firearm permit, or certain other professions, even if your record has been sealed or expunged, you still must admit to it. 

However, in most professions, you do not have to answer the question which asks about your prior criminal record with a yes.  Which is what most people want and the reason they hire lawyers to have their records expunged or sealed.

Additionally, if you are ever again prosecuted for a crime, and someone asks you about your prior criminal history you must admit to it. 

See upcoming posts for more info.