Arrested at Gasparilla? Here’s What You Need to Know
Gasparilla is one of Tampa’s biggest celebrations, drawing thousands of people for a day of fun, music, and parades. However, for some attendees, the festivities end with an arrest. According to WUSF, this year’s Gasparilla Day Parade saw multiple arrests, including nine misdemeanor charges, three felony offenses, and three arrests on charges of boating while intoxicated (BUI).
If you were arrested at Gasparilla, you may wonder how this could affect your future. A misdemeanor can impact job opportunities, housing applications, and professional licensing. The good news? You may be eligible to have your record sealed or expunged.
Understanding Expungement and Record Sealing in Florida
Individuals with certain criminal records may qualify for expungement or record sealing in Florida. While both options limit public access to your record, there are key differences between them:
- Expungement: Completely removes the record from public view, as if the arrest never happened.
- Record Sealing: Restricts access to your record, meaning most employers and background checks won’t see it. However, certain government agencies may still have access.
Having an arrest sealed or expunged can help you move forward without the burden of a criminal record.
Who Qualifies for Expungement or Record Sealing in Florida?
Not everyone is eligible for expungement or record sealing. Florida law has strict guidelines on who can clear their record.
You may qualify for expungement if:
- Your charges were dismissed, dropped, or resulted in a not-guilty verdict.
- You have never been convicted of another crime.
- You have not previously had a record sealed or expunged in Florida.
You may qualify for record sealing if:
- You were arrested, and adjudication was withheld (meaning you were not formally convicted).
- Your charge is not on Florida’s list of disqualifying offenses, such as violent felonies or sex crimes.
Florida only allows a person to seal or expunge one criminal record in their lifetime. That means you may not be eligible for another if you’ve already had a record sealed or expunged.
Can a Gasparilla Arrest Be Expunged or Sealed?
If you were arrested at Gasparilla, the type of charge you faced will determine whether you qualify for expungement or record sealing. Here’s a look at some common offenses:
Misdemeanor Arrests (e.g., disorderly conduct, underage drinking, resisting arrest without violence) – These may be eligible for record sealing if adjudication was withheld.
Felony Arrests (e.g., drug possession, grand theft, battery) – Some felonies may qualify if charges were dropped or adjudication was withheld. However, violent felonies are typically not eligible.
Boating Under the Influence (BUI) or DUI – A conviction for DUI or BUI cannot be sealed or expunged. However, if charges were dropped or dismissed, you may be eligible.
If you’re unsure whether your Gasparilla arrest qualifies for expungement, speaking with a Tampa criminal defense attorney is the best way to determine your options. Contact the Matassini Law Firm today to discuss your case.
How to Start the Expungement Process in Florida
Expunging or sealing a criminal record in Florida is a multi-step process that can take several months, so it’s important to start as soon as possible.
- Obtain Your Criminal Record – Request a copy of your arrest record from law enforcement.
- Determine Eligibility – A lawyer can review your case to confirm your qualifications.
- Submit an Application to the FDLE—You must apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility.
- File a Petition with the Court – Once you receive your certificate, your attorney will petition the court to request expungement or record sealing.
- Attend a Court Hearing (If Required) – Some cases require a hearing before a judge grants expungement or sealing.
- Receive Court Approval – If approved, your record will be officially sealed or expunged.
Since errors in the process can cause delays or denials, having a criminal defense attorney handle your case can increase your chances of success.
Why Hiring a Criminal Defense Attorney Matters
While you can attempt to file for expungement or record sealing on your own, mistakes can result in rejection. A criminal defense attorney in Tampa can:
- Ensure you meet all legal eligibility requirements.
- Properly file and submit all paperwork.
- Represent you in court if a hearing is necessary.
- Advocate on your behalf to have your record cleared.
Having an arrest on your record—even for a misdemeanor—can follow you for years. If you were arrested during Gasparilla, don’t wait to find out if your record can be sealed or expunged. Contact the Matassini Law Firm today for a confidential consultation.
Final Thoughts: Take Control of Your Future
An arrest at Gasparilla doesn’t have to define your future. If you qualify for expungement or record sealing, you may be able to clear your record and move forward with confidence. The process can be complex, but with the right legal guidance, you can take control of your situation.
If you’ve been arrested in Tampa and need legal advice, call the Matassini Law Firm today. Our team can help determine if your record qualifies for expungement and guide you through every step of the process.