Seal or Expunge Your Florida Criminal Record?

Aaron O’Brien assists people throughout Southwest Florida with sealing and expunging eligible criminal records.

Your Case Was Dropped. Why Is It Still Showing Up?

You were arrested.  The State Attorney decided not to file charges, the charges were later dismissed, adjudication was withheld, or you may have even gone to trial and been found Not Guilty.

So why does the arrest still show up?

Even under these circumstances, some public records will still be visible, including your mugshot.

Fortunately, Florida law provides procedures to seal or expunge many criminal records.

But not everyone is eligible.

Who is NOT Eligible to Seal or Expunge a Florida Criminal Record?

This is the first question to ask.

If you have ever been adjudicated guilty of a criminal offense in Florida, you will generally not qualify to seal or expunge.

That means if you were convicted and adjudicated guilty of a prior misdemeanor, felony, or criminal traffic offense, you generally cannot later seal or expunge a different criminal record simply because that other case was dropped or resulted in a withhold of adjudication.

There are certain exceptions involving juvenile records and mistake.

If you received a “withhold of adjudication” you may be eligible to have the record sealed.  But, some offenses cannot be sealed or expunged when the case resulted in a plea of guilty or no contest or a finding of guilt—even if the judge withheld adjudication.  These include certain domestic-violence offenses, aggravated assault and battery offenses, stalking, many sexual offenses, child abuse offenses, drug trafficking, and numerous other offenses specifically identified by Florida law.

Generally, sealing or expungement is once in a lifetime.

Should I go for a Sealing or Expunging?

The answer often depends upon how your criminal case ended.

If you were arrested but the State Attorney never filed charges, or if the charges were filed and later dismissed or nolle prossed, the record may qualify for expungement.

Certain other dispositions may qualify for sealing.  For example, if you entered a plea and received a withhold of adjudication on an otherwise eligible offense, the record may qualify to be sealed even though it cannot immediately be expunged.

A record that has been sealed for the required period may later become eligible for expungement if the statutory requirements are satisfied.

The distinction between “sealed” and “expunged” is minimal, in my opinion.  Both will exclude your criminal record public view and both will result in your mugshot coming off of the sheriff’s website.

How Does the Process Work?

Unfortunately, sealing or expunging a Florida criminal record does not happen overnight.

First, we must obtain the necessary court records and complete the appropriate application documents.

Then you we will provide you with a fingerprint card, and you will need to get a full set of fingerprints from a law enforcement agency for is to submit with the application.  

Once the application is complete, it is submitted to the Florida Department of Law Enforcement (FDLE) for review.

FDLE basically runs the prints though databases to determine whether the applicant’s criminal history and whether he or she otherwise meets the statutory requirements to seal or expunge. 

Sometimes an application is returned because something needs to be corrected or additional documentation is required.  That can add more time to an already lengthy process.

But if FDLE determines that you meet the statutory requirements, FDLE will issue a “Certificate of Eligibility” which is your “golden ticket” so to speak.

What Happens After FDLE Issues the Certificate of Eligibility?

Once the Certificate of Eligibility is received, Mr. O’Brien can file the appropriate Petition to Seal or Expunge with the court, submit the required supporting documents, pay the applicable Clerk’s filing fee, and seek entry of an order sealing or expunging the criminal record.

Depending upon the case and the court, a hearing may be required.

If a hearing is scheduled, Mr. O’Brien will appear and argue why the record should be sealed or expunged.  In appropriate circumstances, your personal appearance may be waived.

Ultimately, the judge—not FDLE—decides whether to enter the court order.

What Does a Sealing or Expungement Actually Do?

A sealing or expungement will substantially restrict public access to the criminal record.

Court and law-enforcement records are treated in accordance with Florida’s expungement statute, and records that previously appeared through public governmental sources may no longer be publicly available in the ordinary manner.

Florida law also generally permits a person whose record has been expunged to lawfully deny or fail to acknowledge the arrest covered by the expunged record.

But there are important exceptions which include:

1. If you are applying to change your immigration status;
2. If you are a defendant facing a pending charge;
3. If you are applying for employment with a criminal justice agency;
4. If you are applying for employment with the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Education, any school board, any university laboratory school, and charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
5. If you are applying for employment or use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly;
6. If you are applying for employment or access to a seaport;
7. If you are applying for admission to the Florida Bar; or
8. If you are petitioning to seal or expunge a criminal record.

So, in general, if you seal or expunge your record, in most circumstances:

1. the record will be invisible to most prying eyes;
2. you can lawfully deny or fail to acknowledge the arrest covered by the expunged record
3. your mugshot will be taken down from public sites.

It’s best that you review your own record – if you have been adjudicated guity or have a prior seal or expunging, you are generally not eligible.

If you think you are eligible, however, Aaron O’Brien can review your criminal history and the disposition of the case, determine whether the record appears eligible for sealing or expungement, prepare the necessary application and supporting documents, obtain the Certificate of Eligibility from FDLE, and petition the court to seal or expunge the record.

If you have a Florida arrest or criminal case that you would like removed from public view, contact Attorney Aaron O’Brien to determine whether your record is eligible to be sealed or expunged.