Expunction and Sealing of Criminal Records in Florida

Making mistakes is a part of life. Sometimes, however, these mistakes can be so severe that they follow you around forever. Even if you haven’t been convicted for a crime, a history of the criminal proceedings still exists in state records. This can be problematic in many aspects of someone’s life, such as applying for a job. Fortunately, there are two remedies available in Florida law: expunction and sealing.

When criminal records are expunged, the court orders the records to be completely destroyed by criminal justice agencies, as if it never occurred in the first place. The very dramatic nature of expunction comes with very strict requirements that must be met. The same information below can be found in §943.0585:

1. An indictment or information was not filed for the record in question
   1. If an indictment or information was filed, it must either have been dismissed, nolle prosequi, or a court gave a verdict of not guilty
2. The record in question is not ineligible for court-ordered expunction under §943.0584
   1. The list of ineligible offenses is lengthy and consists of very serious crimes such as illegal use of explosives, human trafficking, and arson
3. The person in question has never been adjudicated guilty for any criminal offense
4. The person in question has never been adjudicated guilty for committing any acts stemming from the arrest or alleged criminal activity being petitioned for expunction
5. The person in question is no longer under court supervision
6. The person in question has never previously sealed or expunged a criminal history record, unless this record has been sealed for 10 years prior to the petition and is otherwise eligible for expunction

If these criteria are met, then the person seeking expunction can apply for a certificate of eligibility from the Department of Law Enforcement. Once he or she receives that, a petition may then be filed to the court where the original record was created.

If a criminal record is not eligible for expunction, have no fear: there is still the option of sealing to consider. The requirements for sealing records are less stringent than expunction, as the records are not being destroyed outright. Instead, the record is no longer publicly available and can only be accessed with a court order. Similar to the expunction process, a person can apply for a certificate of eligibility and then petition the court upon meeting statutory requirements. These requirements can be found in §943.059:

1. The record in question is not ineligible for sealing under §943.0584
2. The person in question has never been adjudicated guilty for any criminal offense
3. The person in question has never been adjudicated guilty for committing any acts stemming from the arrest or alleged criminal activity being petitioned for sealing
4. The person in question is no longer under court supervision
5. The person in question has not acquired a prior sealing or expunction of one of their records

When choosing which option to pursue, it is important to keep in mind that Florida law only permits an individual to expunge or seal one criminal record in their lifetime. The only exception to this is if a person is seeking to expunge a record that has been sealed for at least 10 years.

If you are contemplating having a record expunged or sealed, you will need a professional criminal law attorney who can ensure the proper procedures are followed. Call Hendry & Parker, P.A., in downtown Dunedin, at (727) 205-5555 today for a free consultation.