How do I have a criminal history record sealed or expunged?

Florida Statutes set forth the criteria that must be met in order to be eligible to have a criminal history record sealed or expunged. I can guide you through this process at the time you apply to have this record sealed.  

Why do I have a criminal history record when the charges against me were 
dropped/dismissed?

The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged!  Florida Statutes, provide for public access to criminal history records.  A criminal history record is created when a person is arrested 
and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

Even if  you were never charged that record is with you until you take action!


What is the difference between having a criminal history record sealed vs. 
expunged?

When a criminal history record is sealed, the public will not have access to it.  

Only certain governmental or related entities however, will have access to the information in its entirety.

When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order.  Such entities would receive only a caveat statement indicating that "Criminal Information has 
been Expunged from this Record".


How many dates of arrest can I have sealed or expunged?

The eligibility criteria for an applicant to have a record sealed or expunged include the requirement that the applicant be able to attest that he or she has never previously had a record sealed or expunged in Florida or in another jurisdiction.  This means, in effect, that a person may only seal or expunge one arrest record in one proceeding. More than one record may be sealed or expunged in the same proceeding if the court, in its sole discretion, finds the arrests to be directly related.

An expunction or sealing which occurs automatically or by operation of law, without any action on the part of the record subject, is not considered a prior expunction or sealing for this purpose. By law, a juvenile expunction does not prevent you from seeking a 
judicial expunction or sealing under Florida Statutes.


What charges may be expunged?

The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements. Any charge, which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See s. 943.0585(2)(h), 
Florida Statutes. A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of, and the record is otherwise eligible.



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Can I appeal the denial of my application for a Certificate of Eligibility to seal or 
expunge my criminal history record?

If you believe that the denial of your application for Certification of Eligibility is in error, you may ask that the denial be reviewed.  If the denial is based on information in your criminal history record that is believed to be in error or incomplete, the procedure for 
reviewing and correcting that record is given in Rule 11C-8.001, Florida Administrative Code.  

I can represent you in that matter and additional fees would be involved.  I will be checking your criminal background before we apply so any errors are normally found before the application process.   

If I receive a full pardon can I have my criminal history record sealed or 
expunged?

Unless the pardon indicates on its face that it entitles the record subject to seal or expunge his or her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record.   


How does the sealing or expunction of a juvenile criminal history record differ 
from the sealing or expunction of an adult criminal history record?

Juvenile criminal history records may be sealed or expunged in the same manner as adult criminal history records, by applying for a certificate of eligibility and, if eligible, petitioning a court for sealing or expunction.  However, the following considerations are 
relevant to the decision whether to seek the judicial sealing or expunction of a juvenile criminal history record. Prior to October 1, 1994 (for felonies), and July 1, 1996 (for specified misdemeanors), juvenile arrest records were not maintained by FDLE in the 
criminal history record system and would not be available to the general public unless the juvenile were treated as an adult.

I heard juvenile records are automatically exponged?  Is this true?

Juvenile records, if certain qualifications are met, are expunged from the record after a specified period.   Juvenile defendants who successfully complete a qualified diversion program may be eligible for expunction of their record as the term is defined therein. If 
a person wishes to pursue the judicial sealing or expunction of his or her juvenile record, the eligibility criteria and procedure, which are similar to those for adults, are found in the Florida Statutes.  

If I have a criminal history record sealed or expunged in another state or jurisdiction, am I still eligible to have a criminal history record sealed or expunged within the State of Florida?

If the other record were sealed or expunged by operation of law (administratively or automatically, without intervention or action by the subject of the record), then the out-of-state sealing or expunction would not prevent you from being eligible to have a 
record in Florida sealed or expunged. However, if the record was sealed or expunged because you petitioned to have it done by a court order, or otherwise actively sought the sealing or expunction, then you would not be eligible to have another record sealed 
or expunged.



If I had a criminal history record sealed or expunged, and then had it vacated, could I apply to have a new date of arrest sealed or expunged?

As s. 943.0585(2)(f) and s. 943.059(2)(e), Florida Statutes require that an applicant have never secured a prior sealing or expunge of a criminal history record under current or former law, having an earlier seal or expunge order vacated does not remove this disqualification.


Will agencies involved with my case know that the record has been sealed or expunged?

Once the record has been sealed or expunged, a notification letter will be sent by the Florida Department of Law Enforcement to the arresting agency or agencies involved with your case. The notification letter is to inform the agencies that they have received 
and complied with the order in accordance with the seal or expunge statutes.



What type of background check is conducted by the FDLE to determine my eligibility to have a criminal history record sealed or expunged?

FDLE conducts criminal history record checks in Florida through the Florida Crime Information Center (FCIC), national record checks through the National Crime Information Center (NCIC), and driving history checks through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). These databases are searched to 
determine the eligibility of an individual to have a criminal history record sealed or expunged.


Why is the Florida Department of Highway Safety and Motor Vehicles checked to determine my eligibility to have my criminal history record sealed or expunged?

A criminal offense such as DUI, Driving While License Suspended, cancelled revoked, or reckless driving may appear in the DHSMV database even though it may not be entered in the criminal history record system maintained by FDLE. Although non-criminal traffic offenses (such as careless driving) have no effect on eligibility to seal or expunge a criminal history record, an adjudication of guilty for any criminal offense renders the record ineligible for either form of relief.


Who will receive a copy of the order to seal or expunge a criminal history record?

If the record is eligible and the court grants relief, the Clerk of the Court by statute is responsible to certify a copy of the court order to the State Attorney’s Office or the Statewide Prosecutors Office and the arresting agency or agencies. The arresting agency is then responsible for sending a certified copy of the court order to all 
agencies that are known to have received the criminal history information. In addition to FDLE, these agencies may include the Department of Corrections, Teen Courts, and Department of Juvenile Justice.  

How Much Does Sealing or Expunging A Florida Criminal Record 
Cost?

Our office charges $800 plus a Florida Dept of Law Enforcement fee of $75.00 to seal or expunge your Florida criminal record. The Florida Department of Law Enforcement $75.00 fee is for the processing of your application for certificate of eligibility which is mandatory fee to process your fingerprints.