Marc Joseph | October 9, 2024

Understanding Expungement and Sealing in Florida

Having a criminal record can have far-reaching consequences, from limiting employment opportunities to affecting housing applications and even personal relationships. In Florida, the legal system provides two key ways to minimize the impact of a criminal record: expungement and sealing. These processes allow individuals to either erase or hide their criminal records from public view, providing a fresh start. However, not every case qualifies for these options, and the procedures can be complex. In this article, we’ll delve into the details of expungement and sealing in Florida, explore their differences, and guide you through the steps required to secure a clean slate.

For those facing criminal charges or seeking help with record sealing or expungement, consulting with an experienced criminal defense attorney is essential. Visit Marc A. Joseph’s website for expert legal guidance.

What is Expungement?

Expungement is the legal process of physically destroying a criminal record, making it inaccessible to the public, employers, and most entities. In Florida, once a record is expunged, an individual is permitted to deny or fail to acknowledge the event, as if it never occurred. However, there are specific situations where a record may still be accessed by certain governmental entities, such as law enforcement agencies or when applying for a professional license.

Expungement is particularly beneficial for those who were arrested but never convicted or those whose charges were dropped or dismissed. When the expungement process is complete, it effectively wipes the slate clean, offering individuals a chance to rebuild their lives without the stigma of a criminal record.

To learn more about expungement services in Florida, visit Marc A. Joseph’s Seal and Expungement page.

What is Record Sealing?

Record sealing differs from expungement in that it doesn’t destroy the record but instead makes it inaccessible to the public. When a record is sealed, the information is hidden from most employers, landlords, and background checks. However, the record still exists, and certain government agencies, including law enforcement, can access it.

Sealing is available to individuals who meet specific criteria, often including those who have received a withhold of adjudication, meaning they were not formally convicted of the crime. While the record is not destroyed, sealing offers significant protection from public scrutiny, allowing individuals to pursue employment, housing, and education without the fear of a criminal record surfacing.

Differences Between Expungement and Sealing

Both expungement and sealing offer relief from the burdens of a criminal record, but they are different in several important ways:

1. Expungement: The record is physically destroyed, and only a very limited number of government agencies can access it.
2. Sealing: The record is not destroyed but is hidden from public view. It can still be accessed by certain entities, including law enforcement.
3. Eligibility: Expungement is generally available to those whose charges were dismissed or who were not convicted, while sealing is often available to those who received a withhold of adjudication.

Understanding which option is best for you depends on the specifics of your case. Consulting with a skilled criminal defense attorney can help you navigate the process and determine the right course of action.

Eligibility for Expungement and Sealing in Florida

Not every criminal case is eligible for expungement or sealing in Florida. Strict guidelines govern who qualifies for these processes. The following are general eligibility criteria for expungement and sealing:

• You were arrested but not convicted of a crime.
• The charges against you were dropped or dismissed.
• You completed a pretrial diversion program successfully.
• You received a withhold of adjudication, meaning you were not formally convicted.

Some offenses are not eligible for expungement or sealing. These include:

• Violent crimes, such as aggravated assault or murder.
• Sexual offenses, including sexual battery.
• Crimes involving minors, such as child abuse or exploitation.

Additionally, you can only expunge or seal one criminal record in your lifetime, and certain offenses, even if dropped or dismissed, may still disqualify you from these processes. For help determining if you are eligible, visit Marc A. Joseph’s criminal defense attorney page or contact him directly.

How to Apply for Expungement or Sealing in Florida

The process for expunging or sealing a record in Florida is multi-step and can be complicated without the assistance of a qualified attorney. Below is an overview of the steps involved:

1. Determine Eligibility: The first step is confirming whether you qualify for expungement or sealing based on Florida law. Your attorney can review your case and advise you on the best course of action.
2. Obtain a Certificate of Eligibility: This is a critical document issued by the Florida Department of Law Enforcement (FDLE). You must apply for this certificate before filing a petition for expungement or sealing with the court.
3. File a Petition: Once you have your Certificate of Eligibility, your attorney will file a petition with the court that handled your case. This petition will include the certificate and a sworn statement that you meet all eligibility requirements.
4. Court Hearing: In many cases, the court will schedule a hearing to review your petition. During the hearing, your attorney will present arguments supporting your request for expungement or sealing.
5. Final Decision: If the judge approves your petition, the court will issue an order to expunge or seal your record, and law enforcement agencies will be directed to carry out the process.

Benefits of Expungement and Sealing

The primary benefit of expunging or sealing a record is the opportunity to move forward without the burden of a criminal history. Once your record is expunged or sealed:

• You can legally deny the arrest or charges on most applications for employment, housing, and loans.
• Your record will not show up in background checks conducted by most private employers or landlords.
• You can pursue educational and career opportunities that may have been previously off-limits due to your criminal record.

By having your record expunged or sealed, you gain access to a future that isn’t defined by past mistakes, allowing you to rebuild your life with confidence.

FAQs About Expungement and Sealing in Florida

1. What is the difference between expungement and sealing? Expungement completely destroys a record, while sealing hides it from public view. Both processes restrict access to the record, but only expungement physically eliminates it.
2. Am I eligible for expungement if I was convicted of a crime? No, expungement is generally available only if you were not convicted or if the charges were dropped. Convictions disqualify you from expungement but may still be eligible for sealing if you received a withhold of adjudication.
3. How long does the expungement process take? The process can take several months, depending on factors such as court schedules and the complexity of your case.
4. Can I expunge or seal more than one record? Florida law only allows the expungement or sealing of one criminal record in a lifetime, with few exceptions.
5. What types of crimes are ineligible for expungement? Serious offenses such as murder, sexual battery, and crimes involving minors are ineligible for expungement or sealing.
6. Can I expunge a juvenile record in Florida? Yes, juvenile records can often be expunged under certain conditions.
7. Do I need an attorney for expungement or sealing? While not legally required, hiring an attorney greatly increases your chances of success and ensures you meet all legal requirements.
8. Will a sealed or expunged record still show up in background checks? Sealed and expunged records will not show up in most background checks conducted by private employers or landlords.
9. Can law enforcement see a sealed or expunged record? Yes, certain government agencies and law enforcement can still access sealed or expunged records in limited situations.
10. How do I get started with the expungement or sealing process? Contact an experienced attorney to assess your eligibility and guide you through the steps. Visit Marc A. Joseph’s website for more information.

For more information about sealing and expungement in Florida or to get expert legal advice, contact Marc A. Joseph today.