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Understanding Sealing and Expungement in Florida

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If you have a criminal record in Florida, you have likely already experienced that many ways it can affect various aspects of your life, such as employment opportunities, housing applications, and even personal relationships. Fortunately, Florida law allows for the sealing and expungement of criminal records, providing eligible individuals a chance to move forward without the burden of a past mistake. This blog will explore the differences between sealing and expungement, the eligibility requirements for both, and the process involved.

What is Sealing and Expungement in Florida?

Sealing a criminal record means that the record is hidden from public view, although it still exists in the court system and law enforcement databases. Employers, landlords, and others will not have access to it. You can deny entering a plea and being arrested (except in limited circumstances discussed below).

Expungement, on the other hand, is the full destruction of a criminal record in the court system, essentially “shredding the court file.”. Once a record is expunged, no one can see it, and you can legally deny ever having been arrested.

The Key Difference Between Florida Sealing and Florida Expungement

Specific criteria determine whether a record can be sealed or expunged.

Eligibility Requirements:

Sealing:

To be eligible for sealing of your criminal record in Florida, you must meet the following criteria:

  1. You have not been adjudicated guilty of the offense you want to seal or any other offense in the State of Florida (out of state cases regardless of outcome are not taken into account). So, you entered a plea and adjudication was withheld.
  2. The offense must be eligible for sealing under Florida law (some offenses, such as sexual offenses, may not qualify). Please see below.
  3. You have completed any sentence, probation, or parole associated with the offense.
  4. You have never had another criminal record sealed or expunged in the State of Florida.

Expungement:

To qualify for expungement, you need to satisfy these criteria:

  1. The charges must have been dropped, or you were found not guilty.
  2. You must not have any convictions on your record (out of state cases are not taken into consideration).
  3. You have never had a criminal record sealed or expunged in the State of Florida.

The Process of Sealing and Expungement:

  1. Determine Eligibility: we will review your Florida criminal history to see if you meet the eligibility requirements for sealing or expungement. We will ask you to provide us with a background check from Florida Department of Law Enforcement.
  2. Obtain a Certificate of Eligibility: We will apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This involves submitting an application form, fingerprint card, and a fee (for expungements, there is an additional step).
  3. Wait for Approval: Once your application is submitted, the FDLE will process it. This can take up to 9 months, and they will inform us whether you've been approved and issue a certificate of eligibility. Step 1 above helps us minimize the rejection rate. Please note the certificate is only valid for 1 year.
  4. File a Petition: After receiving the Certificate of Eligibility, we will file a petition with the court to seal or expunge your record. This will involve preparing necessary documents and sometimes appearing in court (a hearing is very rare).
  5. Judicial Review: The court will review your petition and affidavit and than enter the order sealing or expunging your record.
  6. Notify Relevant Agencies: After your sealing or expungement is complete, the clerk will notify relevant law enforcement agencies to update their records accordingly. We have also had clients find their name on various websites listing arrets, and we have successfully removed their information after the sealing or expungement was complete.

Offenses that cannot be sealed even if adjudication was withheld. https://www.fdle.state.fl.us/Seal-and-Expunge-Process/Reasons-for-Denial
Offenses listed in Section 943.0584, Florida Statutes

  1. (a) Sexual misconduct, as defined in s. 393.135, s. 3457 394.4593, or s. 916.1075;
  2. (b) Illegal use of explosives, as defined in chapter 552;
  3. (c) Terrorism, as defined in s. 775.30;
  4. (d) Murder, as defined in s. 782.04, s. 782.065, or s. 782.09;
  5. (e) Manslaughter or homicide, as defined in s. 782.07, s. 3463 782.071, or s. 782.072;
  6. (f) Assault or battery, as defined in ss. 784.011 and 784.03, respectively, of one family or household member by another family or household member, as defined in s. 741.28(3);
  7. (g) Aggravated assault, as defined in s. 784.021;
  8. (h) Felony battery, domestic battery by strangulation, or aggravated battery, as defined in s. 784.03, s. 784.041, and s. 784.045, respectively;
  9. (i) Stalking or aggravated stalking, as defined in s. 784.048;
  10. (j) Luring or enticing a child, as defined in s. 787.025;
  11. (k) Human trafficking, as defined in s. 787.06;
  12. (l) Kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02;
  13. (m) Any offense defined in chapter 794;
  14. (n) Procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03;
  15. (o) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04;
  16. (p) Arson, as defined in s. 806.01;
  17. (q) Burglary of a dwelling, as defined in s. 810.02;
  18. (r) Voyeurism or video voyeurism, as defined in s. 810.14 and s. 810.145, respectively;
  19. (s) Robbery or robbery by sudden snatching, as defined in s. 812.13 and s. 812.131, respectively;
  20. (t) Carjacking, as defined in s. 812.133;
  21. (u) Home-invasion robbery, as defined in s. 812.135;
  22. (v) A violation of the Florida Communications Fraud Act, as provided in s. 817.034;
  23. (w) Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102;
  24. (x) Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025;
  25. (y) Child abuse or aggravated child abuse, as defined in s. 827.03;
  26. (z) Sexual performance by a child, as defined in s. 827.071;
  27. (aa) Any offense defined in chapter 839;
  28. (bb) Certain acts in connection with obscenity, as defined in s. 847.0133;
  29. (cc) Any offense defined in s. 847.0135;
  30. (dd) Selling or buying of minors, as defined in s. 847.0145;
  31. (ee) Aircraft piracy, as defined in s. 860.16;
  32. (ff) Manufacturing a controlled substance in violation of chapter 893;
  33. (gg) Drug trafficking, as defined in s. 893.135; or
  34. (hh) Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, or sexual offender pursuant to s. 943.0435, without regard to whether that offense alone is sufficient to require such registration.

Conclusion

Sealing or expungement of Florida criminal records can significantly improve your quality of life by removing barriers to employment, housing, and social opportunities. If you're considering this process, it's important to understand the eligibility requirements and the steps involved. Consulting with an attorney experienced in criminal law can be immensely helpful, ensuring that you navigate the process correctly and effectively. Taking these steps can help pave the way for a brighter future, free from the burdens of a criminal history.