Expungement & Record Sealing in Florida

Qualifications for Expungement & Record Sealing

Similar to the conditions applicable to those applying for the sealing of their criminal record, those who seek to get their criminal record expunged:

• Must have no prior convictions
• The charge in question must be dropped, dismissed, Nolle prosequi (be unwilling to pursue, or no information filed. Call us to discuss your case, and we will help you determine if you qualify to apply for an expungement

If you have ever been adjudicated guilty (convicted as an adult) of a criminal offense, including a criminal traffic offense, such as DUI, or DWLS, criminal ordinance violation, misdemeanor, or felony, you will not qualify for having your record sealed or expunged.

Further, the State of Florida allows only “one bite at the apple,” meaning you can only petition once in your lifetime to seal or expunge your record, unless the judge determines that an additional arrest was directly related to the original arrest.

A criminal record is a nuisance. It can follow you everywhere you go, show up when you least expect it, and prevent you from doing things that others may be able to do. Applying for jobs? Your criminal record may prevent you from getting hired. Adopting a child? That could be difficult, too, thanks to your criminal record. Buying a firearm? Not if your record contains certain charges. Your criminal record may dictate how you proceed throughout your life.

But these scenarios only apply to those who have been convicted of major crimes, right? No! They also apply to those who have a minor blip on their otherwise pristine record, so that seemingly harmless charge you had when you were in college can still come back to haunt you at age 45. But there may be options to prevent this from happening—you may be able to make that one minor event disappear by getting it expunged or sealed. Expunging your record means the criminal charge is removed from your record; sealing your record means your record is only accessible to government agencies, not the general public. Here are three things you need to know about the process:

Certain Criminal Offenses Cannot Be Sealed or Expunged

While most offenses qualify, if your record involves a prohibited offense, you cannot expunge or seal your record.

Although a non-exhaustive list, the prohibited offenses include:

• Sex Offenses
• Kidnapping or False Imprisonment
• Crimes Against Children
• Voyeurism
• Fraud
• Drug Trafficking
• Domestic Violence
• Acts of Terrorism
• Dangerous Crimes as defined in 041, Florida Statutes

It’s a One-Time Deal

You can only get your record sealed or expunged once, so if you have multiple qualifying criminal charges, choose wisely. For example, if you have a prior misdemeanor offense and the adjudication was withheld, and later you were charged with a felony that was later dismissed or dropped, your best choice would be to expunge the felony charge. You cannot do both.

Having prior criminal charges on your record does not have to damage your future. If you qualify to expunge or seal your record, then it is entirely possible to move forward unaffected by a momentary lapse in judgment. For additional information regarding sealing and expunction, please click here.

Sealing vs. Expunging a Criminal Record

When a record is sealed, the public will no longer have access to the record through the government databases. For purposes of employment background checks, this means most employers will not have access to the information. However, please be aware that city, county, state, and federal government agencies will continue to have access to your criminal record.

There are circumstances where you still must acknowledge an arrest, however. You cannot deny or fail to acknowledge the arrest if you are applying to change your immigration status, are a defendant in a criminal case or are applying for any of the following: a job with a criminal justice agency, contract with, or license by the Department of Children and Family Services, a job with the Department of Juvenile Justice, the Department of Education, any district school board, any university laboratory school, and charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or for use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or a job with or access to a seaport, or admission to The Florida Bar; or petitioning to seal or expunge.