| SEALING & EXPUNGEMENT OF CRIMINAL RECORDS ATTORNEYS ORLANDO, FLORIDA |
Private Counsel LLC attorneys handle petitions
to have a person's past criminal record sealed
or expunged.
In certain circumstances, records of past
criminal charges can be sealed or expunged
(destroyed).
Because it can be a complicated process, and
involves numerous steps, you may wish to
consult an attorney.
to have a person's past criminal record sealed
or expunged.
In certain circumstances, records of past
criminal charges can be sealed or expunged
(destroyed).
Because it can be a complicated process, and
involves numerous steps, you may wish to
consult an attorney.
How does the process work?
1. The first step is to determine whether you are eligible for
expungement or sealing. This involves an analysis of your
criminal history, the outcome of any case(s), and the nature of
the charges you are seeking to have sealed or expunged. ANY
of the following will make you ineligible for
sealing/expungement:
2. You will need to complete an application and other
documents which have to be submitted to various agencies.
Papers must then be filed with the court, and the judge will
decide whether to grant the sealing or expungement.
3. If the judge grants the sealing or expungement, the
agencies with the records must be notified to seal or expunge
the appropriate criminal history record in accordance with the
court order.
4. Once a person has had records sealed or expunged, he or
she may lawfully deny or fail to acknowledge the cases that
have been sealed or expunged (except for several exceptions,
which are discussed below).
1. The first step is to determine whether you are eligible for
expungement or sealing. This involves an analysis of your
criminal history, the outcome of any case(s), and the nature of
the charges you are seeking to have sealed or expunged. ANY
of the following will make you ineligible for
sealing/expungement:
 | You were adjudicated guilty of certain criminal offenses. |
| You received a prior sealing or expungement either in Florida | |
| or any other jurisdiction outside the State. |
| You have another petition to seal or expunge pending. |
| You are still being supervised on the offense you are seeking | |
| to have sealed or expunged (i.e., still on probation, community control, etc.). |
| Some of the charges related to the criminal charge were not | |
| dismissed prior to trial, adjudication, or the withholding of adjudication. In this case, the record may be eligible to be sealed but not expunged. |
| If you were found guilty or pled nolo contendere ("no | |
| contest"), even if adjudication of guilt was withheld, to certain offenses, the charges are not able to be sealed or expunged. See below for list of these offenses. |
2. You will need to complete an application and other
documents which have to be submitted to various agencies.
Papers must then be filed with the court, and the judge will
decide whether to grant the sealing or expungement.
3. If the judge grants the sealing or expungement, the
agencies with the records must be notified to seal or expunge
the appropriate criminal history record in accordance with the
court order.
4. Once a person has had records sealed or expunged, he or
she may lawfully deny or fail to acknowledge the cases that
have been sealed or expunged (except for several exceptions,
which are discussed below).
Because Florida law of sealing
and expungement is
complicated, it is a good idea
to consult with an attorney
regarding the circumstances of
your case. Also, remember
that just because you qualify,
that does not mean the Court
will automatically grant your
request. You may want to have
an attorney present your case
to the court for you to minimize
the risks of having a judge
deny your request to have your
records sealed or expunged.
and expungement is
complicated, it is a good idea
to consult with an attorney
regarding the circumstances of
your case. Also, remember
that just because you qualify,
that does not mean the Court
will automatically grant your
request. You may want to have
an attorney present your case
to the court for you to minimize
the risks of having a judge
deny your request to have your
records sealed or expunged.
The hiring of an attorney is an important decision that should not be based solely on advertisements.
Before you decide, ask us to send you free written information concerning our qualifications and
experience.
Private Counsel LLC is a private law firm located in Orlando, Florida, practicing criminal defense, traffic charges, traffic
tickets, drug charges, domestic violence, violations of probation (VOP) and community control, sealing and expungement
of criminal charges and criminal history. Cases primarily in Orange County, Seminole County, and Osceola County,
Florida.
This website and information contained herein is not legal advice and not intended to be taken as legal advice. Please
contact Private Counsel, LLC or another Florida attorney for individual advice regarding your own situation.
Copyright © 2007 by PRIVATE COUNSEL, LLC. All rights reserved.
Before you decide, ask us to send you free written information concerning our qualifications and
experience.
Private Counsel LLC is a private law firm located in Orlando, Florida, practicing criminal defense, traffic charges, traffic
tickets, drug charges, domestic violence, violations of probation (VOP) and community control, sealing and expungement
of criminal charges and criminal history. Cases primarily in Orange County, Seminole County, and Osceola County,
Florida.
This website and information contained herein is not legal advice and not intended to be taken as legal advice. Please
contact Private Counsel, LLC or another Florida attorney for individual advice regarding your own situation.
Copyright © 2007 by PRIVATE COUNSEL, LLC. All rights reserved.
| PRIVATE COUNSEL, LLC ♦ DEFENSE ATTORNEYS 733 WEST COLONIAL DRIVE, ORLANDO, FLORIDA 32804 (407) 849-2949 |
What is the difference between sealing and expungement?
When a criminal history record is sealed, the public will not have access to it. However, certain entities have
access to sealed record information (see below).
When a record has been expunged, it is physically destroyed. As discussed below, certain entities will still be
told that the person has had a record expunged, but would not have access to the record itself without a court
order. Such entities would receive only a statement saying that "Criminal Information has been Expunged from
this Record".
A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged
immediately if person is otherwise eligible. Any charge which resulted in a withholding of adjudication or in an
acquittal (a verdict of "not guilty") after trial must first be sealed for at least 10 years before it can be expunged.
Can records still be obtained once they have been sealed or expunged?
Normally, once a person has had records sealed or expunged, he or she may lawfully deny or fail to
acknowledge the cases that have been sealed or expunged. However, in the following situations a person
may NOT lawfully deny the existence of those arrests:
Is a candidate for employment with a criminal justice agency;
Is a defendant in a criminal prosecution;
Concurrently or subsequently petitions for expungement or sealing of other records;
Is a candidate for admission to The Florida Bar;
Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or
the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive
position having direct contact with children, the developmentally disabled, the aged, or the elderly; or
Is seeking to be employed or licensed by the Department of Education, any district school board, any university
laboratory school, any charter school, any private or parochial school or any local governmental entity that
licenses child care facilities.
When the record is expunged, the agency will only receive the subject's demographic information and a
statement stating that criminal history information has been expunged, but will not receive the details.
How many cases can a person have sealed or expunged?
To qualify for sealing or expungement, a person may never have previously had a record sealed or expunged in
Florida or in another jurisdiction. Consequently, a person may only seal or expunge one arrest record in one
proceeding. More than one record may be sealed or expunged in the same proceeding if the court finds the
arrests to be directly related.
In some situations, a record that is initially ineligible for expunction (e.g., where adjudication is withheld) may
become eligible after it has been sealed for 10 years. However, a person may not seal or expunge one arrest
record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged.
Are there certain charges that do not qualify for sealing or expungement?
Yes. If the defendant was found guilty or pled nolo contendere ("no contest")--even if adjudication of guilt was
withheld--to any of the following offenses, the charges are not able to be sealed or expunged:
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult*
Act of Terrorism*
Aircraft piracy *
Arson *
Aggravated Assault *
Aggravated Battery *
Burglary of a dwelling *
Carjacking *
Child abuse or Aggravated Child Abuse *
Computer pornography
Domestic Violence*
Home-invasion Robbery *
Homicide *
Illegal use of explosives *
Kidnapping *
Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years *
Lewd or lascivious offense upon or in presence of elderly person or disabled person
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
Luring or enticing a child
Manslaughter *
Offenses By Public Officers and Employees
Procuring person under 18 for prostitution
Robbery *
Scheme to Defraud or Organized Fraud/Florida Communication
Fraud Act
Selling or buying of minors
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 *
Sexual Battery and related offenses*
Sexual misconduct with developmentally disabled person and related offenses
Sexual misconduct with mental health patient and related offenses (F.S. 394.4593)
Sexual misconduct with mentally deficient or mentally ill defendant and related offenses (F.S 916.1075)
Sexual performance by a child
Showing, selling, etc., obscene literature to minor
Stalking and Aggravated Stalking *
Trafficking in controlled substances
* Indicates the offense is also ineligible for attempting or conspiring to
commit the listed crimes
How long does it take?
Normally it will take 6 months. However, because paperwork must be submitted to several agencies, and a
hearing may have to be scheduled before the court, it sometimes takes longer. Because it is a lengthy and
complicated process, you should contact an attorney to evaluate your case and begin your application.
When a criminal history record is sealed, the public will not have access to it. However, certain entities have
access to sealed record information (see below).
When a record has been expunged, it is physically destroyed. As discussed below, certain entities will still be
told that the person has had a record expunged, but would not have access to the record itself without a court
order. Such entities would receive only a statement saying that "Criminal Information has been Expunged from
this Record".
A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged
immediately if person is otherwise eligible. Any charge which resulted in a withholding of adjudication or in an
acquittal (a verdict of "not guilty") after trial must first be sealed for at least 10 years before it can be expunged.
Can records still be obtained once they have been sealed or expunged?
Normally, once a person has had records sealed or expunged, he or she may lawfully deny or fail to
acknowledge the cases that have been sealed or expunged. However, in the following situations a person
may NOT lawfully deny the existence of those arrests:
Is a candidate for employment with a criminal justice agency;
Is a defendant in a criminal prosecution;
Concurrently or subsequently petitions for expungement or sealing of other records;
Is a candidate for admission to The Florida Bar;
Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services or
the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive
position having direct contact with children, the developmentally disabled, the aged, or the elderly; or
Is seeking to be employed or licensed by the Department of Education, any district school board, any university
laboratory school, any charter school, any private or parochial school or any local governmental entity that
licenses child care facilities.
When the record is expunged, the agency will only receive the subject's demographic information and a
statement stating that criminal history information has been expunged, but will not receive the details.
How many cases can a person have sealed or expunged?
To qualify for sealing or expungement, a person may never have previously had a record sealed or expunged in
Florida or in another jurisdiction. Consequently, a person may only seal or expunge one arrest record in one
proceeding. More than one record may be sealed or expunged in the same proceeding if the court finds the
arrests to be directly related.
In some situations, a record that is initially ineligible for expunction (e.g., where adjudication is withheld) may
become eligible after it has been sealed for 10 years. However, a person may not seal or expunge one arrest
record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged.
Are there certain charges that do not qualify for sealing or expungement?
Yes. If the defendant was found guilty or pled nolo contendere ("no contest")--even if adjudication of guilt was
withheld--to any of the following offenses, the charges are not able to be sealed or expunged:
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult*
Act of Terrorism*
Aircraft piracy *
Arson *
Aggravated Assault *
Aggravated Battery *
Burglary of a dwelling *
Carjacking *
Child abuse or Aggravated Child Abuse *
Computer pornography
Domestic Violence*
Home-invasion Robbery *
Homicide *
Illegal use of explosives *
Kidnapping *
Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years *
Lewd or lascivious offense upon or in presence of elderly person or disabled person
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
Luring or enticing a child
Manslaughter *
Offenses By Public Officers and Employees
Procuring person under 18 for prostitution
Robbery *
Scheme to Defraud or Organized Fraud/Florida Communication
Fraud Act
Selling or buying of minors
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 *
Sexual Battery and related offenses*
Sexual misconduct with developmentally disabled person and related offenses
Sexual misconduct with mental health patient and related offenses (F.S. 394.4593)
Sexual misconduct with mentally deficient or mentally ill defendant and related offenses (F.S 916.1075)
Sexual performance by a child
Showing, selling, etc., obscene literature to minor
Stalking and Aggravated Stalking *
Trafficking in controlled substances
* Indicates the offense is also ineligible for attempting or conspiring to
commit the listed crimes
How long does it take?
Normally it will take 6 months. However, because paperwork must be submitted to several agencies, and a
hearing may have to be scheduled before the court, it sometimes takes longer. Because it is a lengthy and
complicated process, you should contact an attorney to evaluate your case and begin your application.
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