Sealing Or Expunging Your Criminal Record In Florida

In this article, you will discover:

• The difference between expunging and sealing a criminal record
• The process for having your record expunged or sealed
• Your options if your expungement request is denied

Expunging Vs. Sealing A Criminal Record

The processes for expunging or sealing criminal records are similar. However, there are some differences.

When you are arrested and charged with a crime, your case is viewable by the general public. Anyone can go to a clerk’s office or visit a court website and access it. However, once the case has been expunged or sealed, the files are inaccessible, and your case won’t show up in online searches or background checks.

Expunging a criminal record is the process of removing it from the public record and destroying it so it’s no longer viewable. The physical files are destroyed by shredding or incineration, and digital copies are deleted.

Sealed criminal records, on the other hand, are not destroyed; they are simply hidden from public view. Digital records are removed from online databases and are inaccessible without a court order.

What Crimes Are Eligible For Expungement Or Sealing In Florida?

Under Florida statute, almost any crime is eligible for expungement or sealing unless it’s on a specific list of crimes that are not eligible. These are more serious, often violent crimes.

Attorney Michael Barber is an experienced lawyer based in Winter Park, FL, who has helped countless clients just like you navigate the intricacies of criminal defense law. With more than 12 years of experience, he is prepared to help you have your criminal record expunged or sealed so you can start over with a clean slate.

Still have questions? Ready to get started? Contact The Law Office of Michael D. Barber today to schedule an initial consultation.

The Process For Having Your Criminal Record Sealed Or Expunged in Florida

To have your criminal record sealed or expunged, you need to fill out an application with the Florida Department of Law Enforcement (FDLE) and have your fingerprints rolled by a local law enforcement agency. You then send that information to the FDLE, along with a $75 application fee.

Upon receipt, the FDLE will process your application and run a background check. If they deem you ineligible, they’ll send you a letter informing you. Usually, a denial occurs because the applicant had a criminal record from the past they forgot about or didn’t consider.

If the FDLE decides you are eligible, they will send you a Certificate of Eligibility. You must then apply to the court of original jurisdiction for your case by filing a motion asking the court to enter an order to seal or expunge your record. You’ll attach that Certificate of Eligibility as an exhibit to show the court you already completed the first step.

Part of the process will be ascertaining whether the prosecutor’s office objects to your motion. If the prosecutor’s office does not object, the court will most likely grant your motion by signing a written order to seal or expunge your record.

If the prosecutor or court objects to your motion, the judge will set a hearing, requiring you to present evidence and make an argument as to why the court should grant the sealing or expungement of your record.

Before you spend time and money going through the application process, you should contact an experienced attorney who can analyze your case and tell you whether you qualify. There are specific restrictions on eligibility for sealing or expunging records. You are not eligible if you are:

• Adjudicated guilty of the offense
• Adjudicated guilty of any other adult offense
• Adjudicated delinquent of specific crimes as a juvenile

Your attorney will run a background check, and if they think you’re eligible, they’ll help you complete the application.

Once the sealing or expungement of records is granted, it can take several weeks for the different clerks of the courts involved to comply with the order. Out of an abundance of caution, it’s prudent to follow up a few weeks out to see if the clerk of the court website shows any trace of your case.

What You Can Do If Your Expungement Request Is Denied

If your request is denied, your options depend on the stage at which the denial occurred. Suppose the Florida Department of Law Enforcement (FDLE) denies your request for a Certificate of Eligibility.

In that case, you can file a petition with the court of original jurisdiction to override that decision. You can also file a special writ asking the circuit court to order the Florida Department of Law Enforcement to issue the Certificate Of Eligibility.

If you received the Certificate of Eligibility, filed your motion, went to court, and the judge denied your request, you can challenge that decision by appealing to a higher court.

Notes From The Field: What Has Been Your Most Challenging Experience Helping A Client Seal Or Expunge Their Criminal?

I’ve had experiences where clients have neglected to tell me about their criminal history. I’ve heard several excuses: “I forgot.” “I didn’t think it was relevant.” “I didn’t know they would look back that far.“

That can present some difficulties when you are putting in all this effort, going through the process, and a bunch of prior convictions blindside you that your client neglected to mention. Something like that would be the end of the expungement process. Still, I always try to see if there’s any way to move forward to fix the situation at hand.

Still Have Questions? Ready To Get Started?

For more information on sealing or expunging criminal records in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.