Longwell & Gentle, P.A.

Expungement v. Sealing

If you or someone you know has a criminal record it can be difficult to find a nice place to live, a decent job, or even get a loan. In today’s world, employers, landlords, and businesses administer background checks on potential employees, tenants, and even customers to ensure quality candidates are obtained. The expungement or sealing of a criminal act may help you get a second chance at life.

What is the difference between expungement and the sealing of a criminal record?
There is a difference between expungement and the sealing of a record. In most basic terms, having your record expunged, completely removes the criminal accusation from your record like a legal eraser. Notice the use of the word “accusation.” An expungement is only allowed if you were not convicted of the crime and only if you were accused and the charges were dropped.

The sealing of a criminal record removes your information from government databases which the general public can use to request a background check. However, law enforcement, federal, state, county, and city agencies may still have a legal right to access your information even if your record has been sealed.

Did you know you can only expunge/seal a record once in your lifetime?
Yes, it is true. You must keep in mind that you may only seal or expunge once in your lifetime in the State of Florida. If you have been convicted of something like a petit theft you may want to save these legal tools for later in life for a more serious crime should you need it.

Something to keep in mind.
There was a time you could expunge or seal your record, and for the most part, no one in the public would ever stumble upon your run-in with the law. However, in this digital age, the expungement or sealing of your record may not completely do the trick. There are many private companies who obtain information for their own business purposes, news outlets, online publications, or the like, who can potentially still possess your criminal history.

If you do have a criminal past that is prohibiting you from moving on in life, sealing or expunging your record may be the correct way to proceed. Contact one of our lawyers for a free consultation to explore your options in cleaning up a criminal record.

Quality Legal Representation

By Attorney David Gentle

Today would have marked my Grandfather’s 100th Birthday had he lived. He was a skilled carpenter by trade, and only produced the highest quality furniture for his clients. As a boy I remember being in his workshop where he would teach me two things, “Measure twice, cut once” and “No one ever produces a product that was ‘too perfect’ for a client.” I learned at a young age what he meant was “do it right the first time”, and “your clients deserve your best work.”

It is with my Grandfather’s principles, that my firm carries the same work ethics. We want to do it right the first time, and give you our best work. If you are charged with a felony, charged with a DUI, or charged with a misdemeanor, we will work hard to get you the best outcome we can achieve. As our client, you don’t want to be convicted of a felony, convicted of a misdemeanor, or face any criminal penalties.

If you or someone you know has been arrested for a DUI, or charged with a DUI, call us for a free consultation. If you or someone you know has been charged with a felony, or misdemeanor charges, call us for a free consultation. We want to help you avoid being convicted of a felony, convicted of a misdemeanor, or face any criminal penalties. Like my Grandfather, we believe you do it right the first time, and give your clients your very best.

Habitual Traffic Offenders

In Florida, every person who has a driver’s license, or anybody who has received a moving violation citation, has a driving record. The Department of Highway Safety and Motor Vehicles (DHSMV) keeps tabs on everyone’s driving history, and determines who is eligible (or ineligible) for a driving license. Even if you never had a Florida driver’s license, you may have a driving history. Driver’s that accumulate three convictions for offenses within a five year period are considered HTO, Habitual Traffic Offender.

Such convictions are:

• Voluntary or involuntary manslaughter resulting from the operation of a motor vehicle.
• Driving Under the Influence.
• Any felony conviction in which a vehicle was used.
• Driving a motor vehicle while his or her license is suspended or revoked.
• Failure to render aid in the event of a motor vehicle crash resulting in the death or personal injury of another.
• 15 convictions for moving traffic violations for which points may be assessed.

If you are found to be a Habitual Traffic Offender, you will lose your driver’s license for five years. Furthermore, it is illegal (a felony) to drive as a Habitual Traffic Offender. If you have any doubts contact DHSMV about your record, fill out our free online case evaluation form, or call Longwell & Gentle, P.A. at 407-426-5757 to see if we can assist you.

Violation of Probation

Violation of Probation Attorneys

If you or a loved one has been charged with a Violation of Probation (VOP) or violation of Community Control, it is important to speak to a defense attorney as soon as possible. A charge of Violation of Probation or Community Control is a serious matter, and the faster it is addressed, the better. As attorneys, one of the first issues arising out of a VOP is getting our client out of jail. Many times, a defendant charged with a VOP is given a no bond status. If a defendant is being held in jail without bond, the attorney may be able to obtain a hearing to request that a bond be set so the defendant can be released. Read more..

DUI and Hardship Licenses

Orlando DUI Attorneys

In most cases, your DUI citation serves as a permit to drive for 10 days from the date of your arrest. If an administrative formal review hearing is requested, you will (in most cases) receive a permit to drive during the pendency of the hearing (approximately 42 days). If we win the hearing, your license will be reinstated. If a hearing has not been requested, or if you do not win the hearing, you will be ineligible to drive for a period of 30 days if you had a breath test result of .08 or higher, or 90 days if you refused. In most cases, you will then be eligible for a hardship license for the remaining period of your suspension. Read more..

Miranda Warning for Juveniles

by Attorney David Gentle

In the historic case that defined defendant’s rights, Miranda v. Arizona, the Supreme Court ruled that the Constitution’s guarantee against self-incrimination required that police advise criminal suspects that they have a right to remain silent and a right to have a lawyer present when they are taken into custody for questioning.

The court has recently ruled that police now need to factor in a suspect’s age when deciding whether they must give them Miranda warnings. Read more..

How Much Should I Tell My Attorney?

by Attorney Elmer Sanchez

Clients often fear that if the attorney representing them knows all of the negative facts of the case, it would cause the attorney to judge the client and perhaps be disappointed with the client. Many times the client believes that since negative facts cannot help the case, they do not need to be disclosed to the attorney. NOTHING COULD BE FURTHER FROM THE TRUTH. Read more..

DUI: Should I Try To Represent Myself?

by Attorney Elmer Sanchez

The individual accused of “Driving Under the Influence” (DUI) is presented with a maze of deadlines, requirements and options that could lead to huge pitfalls with disastrous consequences, if not managed properly. It is essential that the accused have an experienced attorney to protect all of his or her legal rights and to minimize the potential risks. In fact, many judges will not accept a plea from a DUI defendant who is not represented by counsel. Even when a defendant is represented by an attorney, the judge will often ask if the client is satisfied with the representation. It is that important. Read more..

Tips on How to Hire a Lawyer

by Attorney Mark Longwell

Many people assume that all lawyers are equally qualified to handle their case. In their minds, the decision on which lawyer to hire comes down to finding the one that offers the lowest fee. However, just because someone is a lawyer, doesn’t mean that they are the right lawyer for you, regardless of the fee. While price is important, you should consider many more factors when choosing an attorney. Read more..

How Can You Represent Bad People?

by Attorney David Gentle

How can you represent bad people? A friend of mine at my church came up and asked me that exact question. I answered him, “I don’t represent bad people. I represent people in bad situations.” All of us at one point in our lives need somebody who will stand up and help out. All of us sometimes need someone to fight for us. That is what I do.

Just because someone accuses you of a crime, that does not make you a bad person, and it certainly does not make you guilty of that crime. Anyone of us could be placed in a situation where a police officer is questioning or even accusing us of Read more..