Can a Florida Criminal Record Be Sealed or Expunged?
If you have an arrest or criminal charge in your past, you may be wondering whether it will follow you forever. The good news is that Florida law gives some people the opportunity to seal or expunge their criminal records, which can make a real difference when it comes to jobs, housing, and professional licenses. But the process is not available to everyone, and the rules can be tricky to navigate.
What Is the Difference Between Sealing and Expungement?
These two remedies are related but not the same. When a record is sealed, it is removed from public view but still exists. Certain government agencies and employers in regulated industries may still be able to access it. Expungement goes further: the record is physically destroyed by the arresting agency and the clerk of court, leaving behind only a confidential notation maintained by the Florida Department of Law Enforcement. In either case, the person may generally lawfully deny or fail to acknowledge the events covered by the record in most situations. The applicable statutes are Florida Statutes Section 943.059 (sealing) and Section 943.0585 (expungement).
Who May Be Eligible?
Eligibility depends on a number of factors, and not every arrest or charge qualifies. Among the key general requirements under Florida law:
- The person has not previously had a record sealed or expunged in Florida or another jurisdiction (with limited exceptions for out-of-state records).
- The person has not been adjudicated guilty of, or adjudicated delinquent for, the offense to which the petition applies.
- The charge does not fall into a category of disqualifying offenses, which includes many violent crimes, sexual offenses, and other serious charges listed in the statutes.
- The person is not currently under court supervision such as probation, community control, or parole.
- The person meets any additional criteria required by the Florida Department of Law Enforcement (FDLE) for the specific type of relief sought.
It is important to understand that even if charges were dropped or a case was dismissed, a record of the arrest may still exist. That is one reason people pursue sealing or expungement even when they were never convicted.
What Does the Process Look Like?
Before someone can petition a court to seal or expunge a record, they must first apply to the FDLE for a Certificate of Eligibility. FDLE will review the complete criminal history and determine whether the applicant qualifies. According to the FDLE, this process typically takes several weeks. Once the certificate is issued, the person files a petition with the court in the county where the case was resolved. The State Attorney’s Office then has an opportunity to respond. If the petition is granted, the court issues an order directing the relevant agencies to seal or destroy the record.
Contact Our Team to Explore Your Options
A criminal record can create barriers that extend well beyond any sentence or case outcome. If you are wondering whether your record may qualify for relief, we encourage you to reach out. Our Dade City criminal defense attorneys The Law Office of Laurie R. Chane are here to help you understand your situation. We work with clients facing a wide range of criminal matters, including record sealing and expungement. Contact The Law Office of Laurie R. Chane today to schedule a consultation and take the first step toward a cleaner slate.
Source:
fdle.state.fl.us/seal-and-expunge-process
