The Process of Sealing and Expungement in Florida

Mar 20

Anyone looking to seal or expunge their criminal record in the state of Florida must meet certain eligibility requirements.

This process can be time-consuming, so don’t expect a resolution within a few business days. However, the results of a successful expungement will be worth it if you want to reclaim your good name.

What is expungement?

When a criminal record is expunged, it’s essentially erased from the history books. Expungement allows for the destruction of all records held by the Clerk of Court associated with certain charges, except for DNA and fingerprints. This means your mugshot, arrest record, trial court documents, and other related evidence will cease to exist. It is important to note that this DOES NOT mean those seeking this information cannot obtain it by other means.

In Florida, you can only seal or expunge one incident, so it can’t be used to erase multiple arrest records unless the arrests were made in relation to the same incident.

What does the process of expungement look like?

The first step toward expunging your criminal record is to complete the Florida Department of Law Enforcement Application for Certification of Eligibility. You must sign it under oath in the presence of a notary public before submitting it to the State Attorney’s office.

Next, the State Attorney will complete their portion of the document and return it to you by mail. You’ll then submit the completed packet to the Florida Department of Law Enforcement (FDLE), along with your fingerprints, which you can get from your local sheriff’s office, and any associated fees. FDLE will make its decision in about 12 weeks. If successful, they’ll send you a Certificate of Eligibility.

Once you have this document, you’ll submit it along with a Petition and Affidavit to Expunge or Seal to the Clerk of the Court in the county where the incident occurred, as well as the State Attorney’s office. The Court will then rule on the matter. If your request is approved, they’ll send you a signed Order to Seal or Expunge.

What’s the difference between expungement and sealing?

Sealing a criminal record means that no public entity will have access. Landlords, lenders, and employers won’t be able to use this past criminal activity against you. However, the documents will still exist within the criminal justice system.

Expungement erases your criminal history entirely, except for your DNA and fingerprints. Even law enforcement agencies cannot access these records because they no longer exist.

Are there certain cases where records cannot be expunged?

Florida statute section 943.0584 details crimes that cannot be sealed or expunged under state law. These include a wide range of violent offenses, sexual misconduct, and crimes against children, among others.

Of course, you’ll need to meet all the eligibility requirements for the state of Florida, which we’ll go over below.

Why would you want records expunged?

A criminal record can tarnish your reputation and create a burden in many situations. Here are a few reasons you might want to clear your name.

To avoid discovery of criminal charges by universities

Universities can deny admittance based on a potential student’s criminal history. This can make it nearly impossible for certain individuals to complete their education. When you seal or expunge your record, you can open the door to higher education.

Making sure a record does not appear in employer background checks

Many employers require background checks and might refuse to hire candidates with certain criminal offenses on their records. Sealing or expunging your criminal record can improve your chances of landing a job.

To protect your reputation

Even if your arrest record isn’t holding you back professionally, many people want to erase past charges and start fresh. Sealing or expunging can help you accomplish this.

Requirements for expungement

Expunging a criminal record is only possible if you meet specific eligibility requirements. Here’s a closer look at these qualifications.

Your case must not fall under any disqualifying offense

In order to expunge your criminal record, you must meet particular requirements set forth by the state.

First, certain violent offenses can’t be scratched from the record. For example, aggravated assault, aggravated stalking, aggravated battery, and sexual battery charges will remain on your criminal history.

Additionally, if you’ve been found guilty of any charges in any jurisdiction as an adult, you won’t be able to expunge or seal your criminal record. If you’ve been adjudicated delinquent (as a minor) for any felony or certain misdemeanors within the state of Florida, you’ll be ineligible.

You have no prior sealing or expunction

If you’ve already sealed or expunged a previous record, you won’t be able to repeat the process. This keeps repeat offenders from continually clearing their records.

You must complete any required community service

In order to seal or expunge your Florida record, you also need to be in good standing with the court. That means you must have completed any mandatory community service, paid any outstanding fines, and fulfilled any probationary requirements. You also can’t have any pending cases against you.

You must have zero adjudications of guilt beforehand

Anyone who has received a guilty verdict in any case will be ineligible for expungement. However, it’s important to note that this differs from pleading guilty.

For more information on Expungement in Florida, contact Busciglio Sheridan & Schoeb

The law firm of Busciglio Sheridan & Schoeb is dedicated to serving the Tampa Bay area. We represent clients from Hillsborough, Hernando, Pasco, and Pinellas counties and beyond.

Whether you need a knowledgeable guide to help you navigate the process of expunging your record, or you’re seeking legal representation for another matter, we’re on your side!

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