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| Private Counsel, LLC Call for a free consultation regarding your sealing or expgumenent. |
| [PHONE] 407-849-2949 |
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| [FAX] 407-849-2951 |
| The hiring of a lawyer 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. |
| Sealing & Expungement of Criminal Records |
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| This website and information contained herein is not designed or intended to be taken as legal advice. The information herein is Florida specific and may not be relied upon. Please contact Private Counsel, LLC for advice regarding your own situation.
Copyright © 2005 by PRIVATE COUNSEL, LLC. All rights reserved. |
| 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 2. You will need to complete an application and obtain a certified copy of the final disposition (the court order or other court papers showing the outcome of your case). 3. If you are seeking expungement, then it is necessary to submit your application to the prosecuting agency (usually the local State Attorney or Statewide Prosecutor) for verification of eligibility. 4. Your application, along with a certified copy of the disposition, your fingerprints, and a $75 non-refundable fee, must be submitted to the Florida Department of Law Enforcement (FDLE).The FDLE will review the application, including checking state and federal criminal records and driving history, and determe whether you meet the legal criteria to petition for sealing or expungement. 4. The FDLE will issue a Certificate of Eligibility if it determines you qualify. This does not mean that your records are then sealed or expunged, it just means that FDLE has determined that you meet the legal criteria. (If the FDLE determines that you are not eligbile, it will issue a letter explaining why.) 5. You must submit a petition and affidavit, along with the Certificate of Eligbility, to the Court asking for expungement or sealing of your records. A copy of the petition must also be served on the prosecuting agency, the arresting agency, and FDLE. In some cases, a hearing before the judge will be necessary. 6. If the judge grants the sealing or expungement, the Clerk of the Court must send a certified copy of the court order to the State Attorney’s Office or the Statewide Prosecutor's Office and the arresting agency. 7. The arresting agency is then responsible for sending a certified copy of the court order to all agencies that are known to have received the criminal history information. They then must seal or expunge the appropriate criminal history record in accordance with the court order. 8. 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). 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: 1. Is a candidate for employment with a criminal justice agency; 2. Is a defendant in a criminal prosecution; 3. Concurrently or subsequently petitions for expungement or sealing of other records; 4. Is a candidate for admission to The Florida Bar; 5. 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 6. 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 guily 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? Approximately 6 months. Because the 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. |
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| 207 East Hillcrest Street, Orlando, Florida 32801 |
| 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 destroyed. Because it can be a complicated process, and involves numerous steps, you may wish to consult an attorney. |
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