A criminal record can adversely affect you when applying for jobs, promotions, financial aid for school, and even renting an apartment. Sealing or expunging your criminal record prevents the public from accessing your records and protects you from disclosing your criminal record. Give yourself peace of mind from background checks and get your criminal record sealed or expunged.

 

Florida allows for sealing or expunging of one criminal record for your lifetime. If you have multiple cases, only one can be sealed or expunged if it meets the requirements. Florida Statute Chapter 943, allows for the sealing and expunging of criminal records.

 

Seal

A seal will place your criminal record under court-ordered protection, which prevents public disclosure of your record, thus making it confidential. There are instances where disclosure is required despite a seal or expungement, such as applying for employment with law enforcement, criminal prosecution, or when applying for a concealed carry license.

 

Eligibility

In order to have your criminal record sealed, you must be eligible by meeting the following requirements:

 

• Must not have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in Fla. Stat. §943.051(3)(b);

• Must not have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity;

• Must not have had a prior sealing or expunction of a criminal history record ;

• Must not have another petition to seal or expunge pending;

• Must have a final disposition of the case

 

 

Expungement

An expungement of a criminal record is a court-ordered physical destruction of a criminal record by any criminal justice agency that is in possession of the criminal record. Fla. Stat. 943.045(16).

 

In order to have your criminal record expunged, you must be eligible by meeting the following requirements:

• There must have not been any indictment, information, or other charging document filed in the case that is to be expunged, or the case was later dismissed or nolle pros (not prosecuted);

• Must not have prior adjudications of guilt for any criminal offense, and no prior adjudications of delinquency for any criminal act under Fla. Stat. §943.051(3)(b);

• Must not have been adjudicated guilty or delinquent in the case to be expunged;

• No prior sealed or expunged cases prosecuted in Florida;

• No pending seal or expungement petitions in any court.

 

A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contrendere, even if the adjudication was withheld, on any violation of the following:

 

Offenses listed in S.907.041, F.S.

1. Arson

2. Aggravated Assault

3. Aggravated Battery

4. Illegal use of explosives

5. Child abuse or Aggravated Child Abuse

6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult

7. Aircraft piracy

8. Kidnapping

9. Homicide

10. Manslaughter

11. Sexual Battery

12. Robbery

13. Carjacking

14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years

15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or

custodial authority

16. Burglary of a dwelling

17. Stalking of Aggravated Stalking

18. Act of Domestic violence, as defined in s.741.28

19. Home-invasion Robbery

20. Act of Terrorism as defined by s.775.30

21. Attempting or conspiring to commit any of the above crimes

22. Manufacturing any substances in violation of chapter 893

S.393.135, F.S.

Sexual misconduct with a developmentally disabled person and related offenses

S.394.4593, F.S.

Sexual misconduct with a mentally ill person and related offenses

S.787.025, F.S.

Luring or enticing a child

Chapter 794, F.S.

Sexual Battery and related offense

S.796.03, F.S.

Procuring person under 18 for prostitution

S.800.04, F.S.

Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age

S.810.14, F.S.

Voyeurism

S.817.034, F.S.

Florida Communication Fraud Act

(Scheme to Defraud or Organized Fraud, as defined in s.817.034, F.S.)

S.825.1025, F.S.

Lewd or lascivious offense upon or in the presence of an elderly person or disabled adult

S.827.071, F.S.

Sexual performance by a child

Chapter 839, F.S.

Offenses by Public Officers and Employees

S.847.0133, F.S.

Showing, etc., obscene literature to minor

S.847.0135, F.S.

Computer pornography

S.847.0145, F.S.

Selling or buying of minors

S.893.135, F.S.

Trafficking in controlled substances

S.916.1075

Sexual misconduct with a mentally deficient or mentally ill defendant and related offenses

A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under

§943.045(16)

 

 

We offer a flat rate of $1,200 for the entire sealing or expungement process in Florida. The fee may vary in instances where an objection by the State Attorney’s Office is probable or a strong likelihood of encountering issues with the Florida Department of Law Enforcement (FDLE)

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Take the First Step and book a consultation today!

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