Lawfully Deny Arrest Under Certain Circumstances
Lakeland, FL (Law Firm Newswire) March 8, 2013 – There are some circumstances under which a person may lawfully deny they have been arrested.
“If you have been arrested for something and it may affect your job, or you don’t want your employer to find out you have been arrested, talk to me about sealing your record. Otherwise called ‘expunging,’ this action completely erases any criminal history you may have. It removes your jailhouse photo from any law enforcement website and wipes out your arrest information in any police computer system,” outlined Thomas Grajek, a Lakeland criminal defense attorney.
Having a criminal record expunged means that under certain circumstances, the individual may lawfully deny they were arrested. However, if the charges they face are not correctly handled and resolved, this option may not be open to offenders. It is essential that prior to going to court, the person charged must contact an experienced criminal defense lawyer to find out if they are qualified to have their record sealed. They also need to know what happens if charges against them are dropped. Does that mean they still have a criminal record?
“Most seeking to have their records expunged also want to know how long it takes and if more than one arrest can be sealed. The answer to that is the time may vary, perhaps three to five months, depending on your background check. As for whether or not more than one arrest may be expunged, the answer is that only one arrest may be sealed during your lifetime, but there are some exceptions to that rule,” added Grajek.
To get a record sealed, there must not be any criminal convictions showing —- meaning, if an individual pled to a criminal charge, they must have received a withholding of judgment for “every” criminal charge where a plea was entered. In short, every criminal charge pled must have a withholding of adjudication in order to be eligible to have records sealed.
“There are some criminal charges that do not permit your record to be sealed, and they are listed on my website. However, this is something that I discuss in great detail with any client wishing to have their record sealed. It may be possible, it just depends on the circumstances,” Grajek said.
Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
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