Arrested? Will My Charges Affect My Future?
Understanding the levels of crime is crucial for those navigating the legal system, as it determines the severity of potential consequences. Misdemeanors and felonies represent varying degrees of criminal offenses. While misdemeanors usually result in lighter penalties like fines or community service, felonies lead to more serious outcomes, such as imprisonment for more than a year. In Florida, both misdemeanors and felonies stay on a person's record, but misdemeanors can sometimes be expunged or sealed. This article aims to clarify the implications of different crime levels, aiding in understanding your legal rights and obligations.
Understanding the Levels of Crime
The main difference between a misdemeanor and a felony is the level of severity. A misdemeanor is a smaller or lesser criminal offense. For the most part, a misdemeanor will not land you in jail for more than a year. Usually, you'll get a fine or have to do community service. On the other hand, a felony is a much worse offense that can land you in jail for more than a year. In the State of Florida, both misdemeanors and felonies will stay on your record. However, you can get a misdemeanor off your record if you get it expunged or sealed.
Where Can I Find Out What My Charges Are?
If you are under the age of 18, you’ll need to contact the public defender or the attorney you’ve chosen to represent you. If you are over 18, you can find the record of your arrests on a public arrest record in the State of Florida or on a Federal Arrest Record. If you’re a sex offender, you can find your information on the sex offender registry because you will have to register as a sex offender. Under Florida law, failure to comply with registration requirements is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
What Happens to My Arrest Record When I Turn 18?
When you are a juvenile offender, your offenses and charges will be placed on your juvenile record. In Florida, your arrest record will be expunged at the latest by 24 for non-serious and non-habitual offenders. More serious offenses are expunged at 26. However, there are a few instances where your record as a juvenile won’t be expunged. One of these offenses is if you had committed a sexual offense of a certain nature after July 1st, 2007. Another scenario where your arrest record won’t get expunged is if you were convicted of a forcible felony after the age of 18. Ultimately, it is up to each individual court whether or not to expunge your records. So, if you get arrested at 17 and get convicted at 18, that will stay on your record.
What Happens if I Get Arrested After 18 and I Have a Past Criminal Record?
If you get arrested after you turn 18, you will be arrested and tried as an adult. You will not go to juvenile court and head to juvenile hall. Instead, you will be sent to detention and booked into the county jail with other adults. If you have a past criminal record, you will be viewed as a repeat offender, and you will most likely be given a more harsh sentence. Your bail will be higher than someone who doesn’t have a criminal record.
Do I Need to Tell Prospective Employers About My Arrest?
Depending on the state that you are living in, certain states practice “fair hiring” or “ban the box” laws. In Florida, employers can use background checks and other means to see your criminal record. Getting a job is possible, but it will be difficult. A background check shows your arrest record. It will make the hiring process more difficult depending on the severity of the crime. For example, if you have committed a crime like assault, they will want you to disclose that. Obviously, misdemeanors will not be viewed as severely as a felony, but neither will look very good to an employer.
Dealing with the legal system can be tough, especially when you have a criminal record. Whether you're trying to figure out what happened to your record from when you were younger or dealing with a new arrest as an adult, it's important to know your rights. Even though it might be hard to find a job or move forward with a record, there are ways to make things better. By learning about your options and getting help when you need it, you can start to move forward and make things right.
