There are many mistakes made before and after an arrest is made, the biggest behind breaking the law is making statements to law enforcement without a lawyer present. In this video found on myYouTube channel, you will find a sample of the advice I would give to you if I was your criminal defense attorney.
“The singular biggest mistake that everyone makes is they make statements to the police in the hopes of making their situation better and all they’ve done is hurt themselves.”
Although it is hard not to make any statements during this process, remember that anything you say will be used against you in the court of law.
The outcome of a case can end in many ways: paying fines, serving probation, spending time in jail or prison etc.,
Once you have been convicted or adjudicated guilty, your record is no longer clear. But what happens if your charge was never filed?
Tampa Criminal Defense Lawyer, Lori D. Palmieri explains in this videothat although your charge was never filed, your record is still not clear and those charges will show if a background check is conducted.
“That is the reason why, despite having the good fortune of not having those charges filed against you, you still need to go back and go through the formal expungement or sealing process whatever the situation may be.”
The sealing and expungment process allows you to legally deny any arrests covered by the sealed or expunged record. You may only use this process ONCE in a lifetime though, so use it wisely.
The primary requirement for the two processes is that the applicant has never been convicted or adjudicated guilty no matter what state or country. Your record follows you anywhere you go.
There are different requirements for the expungement and sealing processes. Expungement requires that the charge was dismissed by the court/prosecutor while sealing requires that the applicant must serve probation.
However there are crimes that cannot be sealed regardless of the type of sentence. These crimes can include drug trafficking, robberies and aggravated batteries. For a longer list of crimes that cannot be sealed or expunged visit the sealing and expungement tab of the Palmieri site.