Criminal Defense Lawyers

Expungement and Sealing of Criminal Records in Florida: The Process and Eligibility

Expungement and Sealing of Criminal Records in Florida: The Process and Eligibility

Having a criminal record can make life very difficult. It can prevent you from getting a job, renting an apartment, or going to school. Fortunately, Florida law allows some people to have their criminal records sealed or expunged. This means the public and most private background checks won’t show the arrests or convictions anymore.Sealing and expunging criminal records in Florida involves a process with several steps. You have to meet certain eligibility requirements too. This article will explain everything you need to know about sealing and expunging criminal records in Florida.

What is the Difference Between Sealing and Expunging in Florida?

Sealing and expunging are two ways to minimize the impact of a criminal record in Florida. But they work differently:

• Sealing means the court orders your criminal record to be confidential and unavailable to the public. The record still exists but is sealed from public view
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• Expunging means physically destroying your criminal record. An expunged record is erased except for a confidential copy kept by the Florida Department of Law Enforcement
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So expunging removes the record while sealing just hides it from the public. Both make it like the arrest or conviction never happened in the eyes of most employers or landlords.

What are the Benefits of Sealing or Expunging a Criminal Record in Florida?

There are many benefits to having your record sealed or expunged in Florida:

• Your criminal record is hidden from public view
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• Most employers won’t know about your arrests or convictions from background checks.
• Most landlords won’t see your criminal history on background checks when you apply to rent.
• Your charges won’t show up if a college does a criminal background check on you.
• You can honestly say you don’t have a criminal record on most job or rental applications
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So sealing or expunging gives you a clean slate and chance to move on with your life!

Am I Eligible to Seal or Expunge My Criminal Record in Florida?

Not everyone qualifies to have their criminal record sealed or expunged in Florida. It depends on:

• What charges you’re trying to get sealed or expunged.
• The outcome of those charges (guilty, not guilty, dismissed, etc)
• Your criminal history.

The eligibility requirements are complicated, but here are some key things to know:

• You can’t seal or expunge a felony conviction for certain serious crimes like murder, sexual battery, lewd acts with minors, etc
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• You can’t seal or expunge any felony conviction if you also have a prior felony conviction
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• You can seal or expunge misdemeanors and criminal traffic offenses as long as they aren’t for DUI or domestic violence
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• You can seal or expunge charges that were dropped or dismissed as long as you don’t have a prior felony conviction
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• You can only seal or expunge one case in your lifetime in Florida
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• You can’t have any charges pending against you
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• You can’t be on probation or in a diversion program
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As you can see, the eligibility rules are complex. To find out if you qualify, you’ll need to consult the Florida statutes or an attorney.

What is the Process to Seal or Expunge a Criminal Record in Florida?

Sealing and expunging criminal records in Florida involves several steps:

1. Apply for a Certificate of Eligibility

The first step is to apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility

. This application requires:

• Your personal information and criminal history.
• Details about the charges you want sealed/expunged.
• Being signed in front of a notary public
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FDLE reviews your application and determines if you’re eligible.

2. Get Fingerprints Taken

You’ll need to get fingerprinted by law enforcement. The prints must be on an FDLE approved card

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3. Obtain Certified Dispositions

For each charge you list, you’ll need a certified disposition from the clerk of court showing how it was resolved

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4. State Attorney Review (Expungement Only)

For expungements, the State Attorney must review your application and approve it before FDLE processes it

. This extra step isn’t required for sealing.

5. Receive Certificate of Eligibility

If approved, FDLE will mail you a Certificate of Eligibility to seal or expunge your record

. This can take up to a year.

6. File Petition with the Court

Once you have the Certificate, you must file a Petition to Seal or Expunge with the court in the county where you were charged

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7. Court Decision

The court reviews your petition and makes a final decision about sealing or expunging your criminal record. If approved, you’ll receive a court order.

8. Record Updated

If the court approves it, the clerk of court and FDLE will seal or expunge your criminal record as ordered.It’s a long process that can take over a year. Getting an attorney’s help can make it much smoother.

Does Sealing or Expunging Remove My Criminal Record From Background Checks?

Sealing or expunging your criminal record prevents it from showing up on most routine background checks in Florida

. But there are exceptions:

• Law enforcement agencies will still have access to sealed and expunged records
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• Your record won’t be sealed from criminal justice agencies if you’re a defendant in an active criminal case
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• Sealed and expunged records can still be seen if you apply for jobs in criminal justice, law enforcement, or the Florida Bar
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• Sealed and expunged records may show up if you apply for a concealed weapons permit
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So sealing and expunging doesn’t guarantee your record will disappear. But it prevents the public and most private employers from seeing it.

Can I Seal or Expunge an Out of State Criminal Conviction in Florida?

Unfortunately, you can’t seal or expunge criminal records from other states in Florida. Florida’s expungement and sealing laws only apply to charges in Florida

.But another state may allow you to seal or expunge convictions from that state. Each state has its own laws about sealing and expunging.

Can I Seal or Expunge a Federal Criminal Conviction in Florida?

No, Florida law can’t seal or expunge federal criminal convictions. Only federal courts have the power to remove federal convictions.You would need to directly petition the federal court where you were convicted to have any chance of expunging a federal conviction. The process is difficult and rarely approved.

Should I Hire a Lawyer to Help With Sealing or Expunging My Record in Florida?

Trying to seal or expunge your criminal record without an attorney is very difficult. The law is complex and the process has many steps. Having a lawyer represent you can greatly improve your chances of success.A criminal defense lawyer who specializes in record expungement and sealing will

:

• Review your criminal record and advise if you qualify.
• Handle the application and petition process from start to finish.
• Communicate with the courts and prosecutors for you.
• Increase your chances of getting approved by the courts.

While hiring a lawyer costs money up front, it’s often worth the expense in the long run. Their expertise significantly increases the odds your record will be sealed or expunged.

What Happens If My Petition to Seal or Expunge Is Denied in Florida?

If the court denies your petition, you won’t be able to seal or expunge your criminal record. Your only option is to appeal the decision to a higher court.An attorney can help you file an appeal and argue for reconsideration. But appeals are time-consuming and often unsuccessful.If you can’t seal or expunge after an appeal, you’ll need to wait and then start the entire process over again. Persistence and patience is key.

Can a Sealed or Expunged Record in Florida Be Unsealed Later?

Yes, in certain circumstances a sealed or expunged criminal record can be unsealed by a court order in Florida

. Reasons a sealed record may be unsealed include

:

• To use as evidence in a subsequent criminal case.
• If you commit another crime and the record is relevant.
• If you apply for a concealed weapons permit.
• If you falsely applied to seal or expunge your record.

So while sealing and expunging provides more privacy, it doesn’t guarantee your record will stay hidden forever.

Conclusion

Sealing or expunging your criminal record in Florida can give you a fresh start and open up new opportunities. But the process is complicated with strict eligibility requirements.Consult with an attorney to see if you qualify. If so, they can guide you through the many steps of applying to seal or expunge your record.While sealing or expunging has limitations and doesn’t work for everyone, it’s an option worth exploring if you have a criminal record. An attorney who specializes in record expungement can help maximize your chances of success.

References

 https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

 https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Frequently-Asked-Questions

 https://www.sao2fl.org/Public-Information/Expungement-Sealings

 https://www.floridaexpungementlawyer.com/the-phases-of-sealing-and-expungement.html

 https://www.husseinandwebber.com/crimes/sealing-expunging/

 https://www.flsa6.gov/Expungements-10-1306223.html