I am often asked about how to seal or expunge a criminal record in Florida.  In this article, I will answer some of the most common questions, including: 

·       What is the difference between sealing and expunging a record?

·       Do I qualify to have my record sealed or expunged?

·       How do I seal my record?

·       How do I expunge my record?

·       If my record is sealed or expunged, who has access to my record?

·       Can I lawfully deny the record once it is sealed or expunged?

What is the difference between sealing and expunging a record?

Expunged

An expungement is where, pursuant to the Court’s order, the record must be physically destroyed or obliterated by any criminal justice agency having custody of such record.   This means that a criminal record that is expunged will be destroyed by the Clerk of the Court, the arresting police agency, the State Attorney’s Office, and any other criminal justice agency involved in the case.  The agencies must physically destroy their actual files.  This includes digital information, like computer records.  However, any identifying information, such as DNA or fingerprints, are excluded from the destruction. 

 

The only agency that will retain a record of the arrest, per statute, will be FDLE. 

Sealed

 

When the record is ordered to be sealed, agencies do not have to destroy them. However, they must make the records confidential and not publicize them to anyone.  This means that a criminal record that is sealed will be kept on file with the Clerk, the State Attorney’s Office, and with the arresting police agency, but the record will be placed in a sealed envelope.  It cannot be viewed by the public unless a Court order to unseal the record is obtained.  

 

The Florida Department of Law Enforcement (FDLE) will also keep a record of the arrest. 

 

Do I qualify to have my record sealed or expunged?

Expungement:

To have your record expunged, the following qualifications must be met:

·       Must never have been adjudicated guilty (convicted) of a crime or ordinance

·   Have never secured a prior sealing or expunction of a criminal history record (unless expunction is of a criminal offense sealed for 10 years)

·       Must have been arrested for a criminal charge, and

·       The case is closed by either: No charges being filed; a Dismissal; or an acquittal.

Sealing:

To have you record sealed, the following qualifications must be met:

·       Must never have been convicted of a crime or ordinance

·       Must have been arrested for a criminal charge

·       Received a withhold of adjudication of the charge

·       Must no longer be under court supervision or any other sentence applicable to the arrest

 How many criminal records can I Seal or Expunge?

·       You may only seal or expunge one criminal record in your lifetime.  That means that if you have two prior criminal charges that arose from different arrests (and both could both be eligible for sealing or expunging), you would have to choose between the two records and decide which one to seal or expunge.

·       Which criminal records may not be Sealed or Expunged?

 There are certain crimes that can never be sealed or expunged, regardless of conviction.  These charges include:  arson; some assault and battery charges, including domestic battery/violence; child or elderly abuse charges; kidnapping; murder charges; sexual offenses; stalking offenses; robbery charges; carjacking; acts of terrorism; certain manufacturing of drug charges; offenses by public officers and employees; computer pornography; drug trafficking.

 *These are not all of the charges that can never be sealed or expunged.  Contacting an attorney qualified to review your case in this matter can help you determine if you are qualified.        

How do I seal or expunge my record?

The process to seal or expunge a record can be lengthy.  A brief overview of the process is described here for you:

1)    Your case must be completed with the Court, and you must not have been adjudicated guilty

a.     Complete the necessary steps to obtain a certificate of eligibility from FDLE, including:  obtain and complete the appropriate application from FDLE; be fingerprinted by an authorized agency; get a certified disposition of your court case; and provide the required fees.

                                               i.     Submit all of the items listed above to FDLE as the completed application.  FDLE will begin their process of ensuring eligibility requirements.  If FDLE accepts the application and determines you are eligible, they will send you a Certificate of Eligibility.

2)    Once the Certificate is obtained from FDLE, a Petition to Seal the Record is then filed with the Clerk’s office, along with the appropriate documents and filing fee; the Petition is set for hearing and then heard by a Judge for final determination.

I applied for a Certificate of Eligibility with FDLE, but my certificate was denied.  Why?

There can be many reasons for denial, so it is important to discuss your case with a qualified attorney prior to applying.  It is also important to have a qualified attorney help you through the application and court process to minimize the chances of denial. 

Some of the more common reasons for denial include:

1.     You have been convicted of a criminal offense.  (Certain driving violations are classified as criminal, such as DUI, and reckless driving.)

2.     You have received a prior sealing or expunction of a criminal history record.

3.     The application relates to a violation of one of the criminal offenses that is not eligible for sealing/expunging.

4.     Your sentence is not yet completed, including any term of supervision or probation.

5.     The record reflects another petition for sealing or expunging exists.

If my record is sealed or expunged, who has access to my record?

If your record is sealed or expunged, the record is closed from the public view.  However, there are certain exceptions and some agencies are still able to obtain your record.  Some of the most common include:

·       Criminal justice agencies

·       Criminal prosecutions

·       Department of Children and Families and other associated agencies

·       Department of Education or any district school board, university, charter, or private school, or any governmental agency that licenses child care facilities

·       Firearms purchases subject to a background check


Can I lawfully deny the record once it is sealed or expunged?

Once your criminal record is sealed or expunged, you may deny or fail to acknowledge your criminal record.  However, there are a few exceptions where a person must disclose a criminal record when the record was sealed or expunged.   Some of the most common include:

         ·       The person is a candidate for employment with a criminal justice agency;

·       The person is a defendant in a criminal prosecution;

·       The person is seeking to be employed or licensed by or to contract with the Department of Children and Families, or other related agencies;

·       The person is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;

·       The person is seeking to be licensed by the Division of Insurance Agent and Agency Services with the Department of Financial Services; or

·       The person is attempting to purchase a firearm from a licensed importer, manufacturer, or dealer and is subject to a criminal history check

 

The process to Seal or Expunge a criminal record can take approximately 4 – 6 months.  Please contact our office if you have any questions or would like to Seal or Expunge a past criminal record.

 

Should you have a question or concern about sealing or expunging a record, one of our attorneys would be happy to answer any of your questions. Call us at (813) 534-0393 or email us at solivero@oliverolaw.com. 

 

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