Importance of Expunging or Sealing your Record in Florida

Have you been arrested or charged with a crime in Florida?  Would you rather not have it visible or accessible on public record?  You may be able to have your record expunged or sealed.  This is what you need to know:

Sealing vs. Expunging a Record

Expungement means that the case is physically destroyed.  Although Florida Department of Law Enforcement (FDLE) and the Clerk of Court retain a copy of the case file, it is inaccessible to the public.  Sealing means that the criminal case cannot be viewed by the public, but the agencies do not have to destroy the record.  From a practical standpoint regarding how it affects you, there is really no difference because the public cannot see either an expunged or sealed record, and the agencies cannot disseminate the case information to anyone.  One notable exception is the purchase of a firearm.  A person with a sealed record must disclose if asked, and a person with an expunged record does not have to disclose the record.

What are the benefits of having my record expunged or sealed?

First, your record is no longer a public record.  The Clerk of Court, State Attorney’s Office, FDLE and other agencies involved in your case must remove the case.  This includes removing the case from its websites making it inaccessible on-line.  Second, the law allows you to deny that the arrest occurred or that the case existed.  The sealing/expungement statute specifically states that you “may lawfully deny or fail to acknowledge the arrests covered by the expunged or sealed record.”  This could be beneficial when applying for a job, for admittance into college or other further education, and when applying to rent housing.

Are you Eligible?

This all depends on the outcome of your case and whether you have any prior convictions.  The possible outcomes of your criminal case are (1) the State Attorney’s Office dismissing your case, (2) the Judge dismissing your case, (3) being acquitted (found not guilty) at trial, (4) being found guilty at trial or (5) entering a plea of guilty or no contest to the charge(s).  You are eligible to have your record expunged if your case was dismissed by either the State Attorney’s Office or the
Judge.

If you were found guilty or if you entered a plea of guilty or no contest, you still may be eligible to get your record sealed.  When you are found guilty by a Judge/Jury or enter a plea of guilty or no contest to a criminal offense, the Judge can either adjudicate you guilty which means you are formally convicted or the Judge can withhold adjudication which means that you are not convicted.  If the Judge withheld adjudication in your case, then you are eligible to have your record sealed as long as the offense is not one prohibited by statute.  The prohibited offenses are listed and can be looked up by you or your attorney under Florida Statute 943.059.

There are a few other rules that come into play when considering eligibility.  First, if you have ever been convicted to any criminal offense, you are not eligible to have any record sealed or expunged.  Second, you can only have one case sealed or expunged in your lifetime.  The exception to the one case rule is if you have multiple cases that arose out of the same incident.

How to Seal or Expunge in Florida – The Process
You can take advantage of the sealing and expungement laws by hiring a qualified attorney.  The process from start to finish usually takes between 4-6 months.  First, the proper certified paperwork and application needs to be sent to FDLE in order for FDLE to review and mail you/your attorney a Certificate of Eligibility.  After receiving the Certificate of Eligibility, a petition with an affidavit is drafted and submitted to the Clerk, the Judge and the State Attorney’s Office.  Ultimately, the Judge makes the decision on whether to grant the petition and order the record expunged/sealed.  Once the record is expunged or sealed, the Judge will sign an Order which is then sent to FDLE, the State Attorney’s Office, the Clerk of Court and all other law enforcement agencies that had involvement in your case.

The Law Office of Travis Williams has handled hundreds of expungements/sealings.  Call our offices in Orlando with any questions about your case.