Let's Talk about Sealing & Expunging Criminal Records in Florida

In Florida, the processes for sealing and expunging criminal records allow individuals to limit public access to their criminal history under certain conditions. Here's an overview of both procedures:

Sealing Criminal Records

Eligibility Requirements:

•  You can request to seal a criminal record if you have not been adjudicated guilty of the crime in question or any other crime.

•  Only one record can be sealed in a lifetime, with some exceptions for multiple records from the same incident.

• You cannot have previously sealed or expunged another record.

Process:

1. Application: Submit an application for a Certificate of Eligibility to the Florida Department of Law Enforcement (FDLE).

2. Certificate: If eligibility requirements are met, FDLE will issue a Certificate of Eligibility.

3. Petition: File a petition with the court in the county where the arrest occurred, along with the certificate and other required documents.

4. Court Decision: The court will review the petition and decide whether to grant the sealing. A hearing may be required.

Effects:

•  Once sealed, the record is accessible only to certain entities (e.g., law enforcement, specific state agencies).

•  The general public, including employers, will not have access to the sealed records.

Expunging Criminal Records

Eligibility Requirements:

•  Expunging is more restrictive than sealing and applies primarily to records where charges were dropped, dismissed, or resulted in acquittal.

•  You must have obtained a Certificate of Eligibility from the FDLE.

•  You cannot have been adjudicated guilty of the offense or any other criminal offense.

•  Like sealing, only one expungement is allowed in a lifetime, with certain exceptions.

Process:

1. Application: Submit an application for a Certificate of Eligibility to the FDLE.

2. Certificate: If eligibility requirements are met, FDLE will issue a Certificate of Eligibility.

3. Petition: File a petition with the court in the county where the arrest occurred, along with the certificate and other required documents.

4. Court Decision: The court will review the petition and decide whether to grant the expungement. A hearing may be required.

Effects:

•  Once expunged, the record is physically destroyed except for a confidential copy retained by FDLE.

•  The existence of the expunged record can generally be denied by the individual, except when applying for certain types of employment (e.g., with law enforcement or specific government agencies).

Key Differences

•  Sealing: Records are hidden from the public but still exist and can be accessed by certain entities.

•  Expunging: Records are destroyed, with very limited access retained by FDLE.

Additional Considerations

•  Certain offenses, such as sexual offenses, violent crimes, and other serious felonies, may not be eligible for sealing or expungement.

•  Juvenile records have different rules and processes for sealing and expunging.

CD Law Pro Can Help

For more detailed information and assistance with the process, contact CD Law Pro to see if you qualify for either of these life changing options. We will help you navigate the specific requirements and ensure the process is completed correctly.

As a disclaimer, this blog post is not to be construed as legal advice; for legal advice call your trial attorney at CD Law Pro @ 561-370-7406