The Basics of Expunging Your Criminal Record in Florida

Under certain conditions, it is possible to have a criminal record sealed or expunged in Florida. While these terms are sometimes used interchangeably, sealing a record and expunging a record are actually different things. When a criminal record is sealed, members of the general public no longer have access to that information, although it remains available to law enforcement and other government agencies. In contrast, if a criminal record is expunged, it is no longer accessible by anyone without a court order.

It is important to emphasize that the ability to seal or expunge a criminal record in Florida is quite limited. With that in mind, here are a few basic questions we commonly get about the process. Nothing in this article should be construed as legal advice, however, and you should always contact a qualified Fort Lauderdale expungement and record sealing lawyer if you have questions about your specific situation.

What Florida Criminal Records Can Be Sealed?

A person can ask to have their Florida criminal record sealed under the following conditions:

• they do not have a prior disqualifying conviction or adjudication;
• they did not previously have a criminal record sealed or expunged;
• they were not adjudicated guilty of the offense at issue–that is, they were not found guilty or entered a plea of “no contest”; and
• they are no longer under court supervision for the offense at issue.

In addition to these requirements, Florida law declares certain types of crimes ineligible for record sealing. Such “ineligible” crimes include most violent offenses, sex crimes, and drug trafficking, among others.

What Florida Criminal Records Can Be Expunged?

The basic conditions for seeking an expungement in Florida are similar to those for sealing a criminal record. You cannot have a prior disqualifying conviction or previously had a criminal record expunged or sealed. The main criteria for seeking an expungement is that you were arrested for the offense at issue, but were acquitted at trial or never formally charged. For example, if you were arrested on suspicion of a crime but the State Attorney declined to seek an indictment and dismissed the case, you can ask to have the record of that arrest expunged.

How Do I Get a Florida Criminal Record Sealed or Expunged?

In most cases, you must first obtain a “Certificate of Eligibility” from the Florida Department of Law Enforcement before asking to have your criminal record sealed or expunged. This certificate simply verifies that you have an offense that is eligible for sealing or expungement. After you receive the certificate, you then need to file a petition with a judge, who has the final authority to grant or deny your request.

Speak with a Fort Lauderdale Expungement and Record Sealing Lawyer Today

Sealing or expunging a criminal record can help protect the record of your arrest from potential employers, landlords, and lenders. So if you think you have grounds for seeking such relief, it is best to speak with a skilled Fort Lauderdale expungement and record sealing attorney as soon as possible. Call Haber | Blank LLP today at 954-767-0300 to schedule a consultation.