Seal And Expungement

If you’ve been arrested or charged with a crime in Tampa, FL, the lingering effects of a criminal record can impact many areas of your life. Whether you’re applying for jobs, seeking housing, or trying to secure a loan, a criminal record can be a significant barrier. Fortunately, Florida law provides a legal process to either seal or expunge your criminal record, offering individuals a chance to move forward with a clean slate. Understanding the differences between these two processes and their eligibility requirements is essential if you want to benefit from them.

What is an Expungement?

Expungement is a legal process where your criminal record is physically destroyed by law enforcement agencies, effectively erasing it from public view. In Florida, if your record is expunged, you can legally deny the existence of the arrest or charge, except under specific circumstances, such as when applying for a job in law enforcement or certain government agencies.

However, it's important to note that even with expungement, some government agencies can still access your records in limited situations. But for the general public and most employers, it will appear as if the event never happened. Expungement offers a fresh start for individuals who meet the legal requirements.

What is Record Sealing?

Sealing a criminal record is slightly different from expungement. When a record is sealed, it is not destroyed, but it is hidden from public access. This means that private employers, landlords, and most members of the general public cannot view the record. However, certain government entities and law enforcement agencies will still have access to sealed records.

In Tampa, FL, sealed records allow individuals to apply for jobs, housing, or education opportunities without the stigma of a criminal history. It’s worth mentioning that while sealed records are hidden from most, they are still technically in existence and accessible to certain authorities.

Who is Eligible for Expungement or Sealing in Tampa?

Not all criminal records are eligible for sealing or expungement. Florida law has specific guidelines regarding eligibility. Generally, you may qualify if:

  • You were arrested but not convicted of a crime.

  • The charges were dismissed or dropped.

  • You completed a diversion program.

  • You received a withhold of adjudication (meaning you were not formally convicted of the crime).

Certain offenses, such as serious violent crimes, sex-related crimes, and crimes involving minors, may not be eligible for sealing or expungement. Additionally, you can only expunge or seal one criminal incident in your lifetime. If you have multiple offenses or convictions, the process becomes more complex.

Steps to Apply for Expungement or Sealing in Tampa

If you are eligible for expungement or sealing, the process begins by filing a petition with the court. The following steps outline the process:

  1. Obtain a Certificate of Eligibility: Before filing your petition, you must apply for and receive a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate proves that you meet the necessary criteria for expungement or sealing.

  2. File the Petition: Once you have the certificate, you can file a petition with the court that handled your case. This petition must include your certificate, along with a sworn statement confirming your eligibility.

  3. Court Hearing: In many cases, the court will schedule a hearing to review your petition. During the hearing, the judge will consider factors such as the nature of the offense and your criminal history before deciding whether to grant the request.

  4. Final Decision: If the judge approves your petition, the order for expungement or sealing will be issued, and your record will be sealed or expunged.

Why Hire an Attorney for the Process?

Navigating the legal process of sealing or expunging a record can be complicated, especially with the strict guidelines set by Florida law. Hiring an experienced expungement attorney in Tampa can help ensure that you meet all the eligibility requirements and avoid mistakes that could lead to delays or a denial of your petition. An attorney will guide you through the process, helping to maximize your chances of a favorable outcome.

Expungement and sealing of records in Tampa, FL, offer invaluable opportunities for individuals with criminal records to rebuild their lives without the stigma of a past arrest or charge. If you're eligible for these processes, taking the necessary steps to expunge or seal your record can lead to new job prospects, housing opportunities, and a renewed sense of freedom. Consulting with a knowledgeable criminal defense attorney in Tampa is the best way to navigate the complex legal process and move forward with confidence.

Marc A. Joseph, P.A., Experienced Seal and Expunge Lawyers in Tampa

If you’ve been arrested and charged with a crime but were never convicted as an adult, or if you have a juvenile record, or even if you were arrested by mistake, depending on the circumstances, you may qualify to have your arrest record sealed or expunged. However, there are some instances where you can never have your record sealed or expunged, even if you were never convicted of the offense for which you were arrested and charged. For one, if you were ever convicted of any criminal offense, you are not eligible. You also cannot seal or expunge your record if you were charged with:

  • An act of domestic violence as defined under Florida law;
  • Aggravated assault/aggravated battery;
  • Arson
  • Sexual battery;
  • Robbery;
  • Burglary of a dwelling;
  • Stalking/aggravated stalking;
  • Illegal use of explosives;
  • Kidnapping;
  • Homicide;
  • Manslaughter;
  • Aircraft piracy;
  • Carjacking;
  • Child abuse or aggravated child abuse;
  • Sexual activity with a child between the age of twelve and eighteen, by or at solicitation of a person in familial or custodial authority;
  • Luring or enticing a child;
  • Promoting a sexual performance by a child;
  • Sexual misconduct with mental health patients or developmentally disabled persons;
  • Abuse or aggravated abuse of an elderly person or disabled adult;
  • Home-invasion robbery;
  • Lewd, lascivious, or indecent assault or act on or in front of a child younger than sixteen;
  • Lewd or lascivious offense on or in front of an elderly or disabled person;
  • Act of terrorism;
  • Drug trafficking or manufacturing;
  • Procuring someone under the age of eighteen for prostitution;
  • Voyeurism;
  • Organized fraud;
  • Selling or buying of minors;
  • Offenses by public officers and employees;
  • Computer pornography;
  • Showing or selling obscene literature to a minor;
  • Sexual misconduct with mentally deficient or mentally ill defendants.
The foregoing list also includes attempting or conspiring to commit such crimes.

Is There A Difference Between Seal And Expungement?

When your criminal record is sealed, it means that the record will remain on file with the court and at the law enforcement agency that arrested you. The record is sealed inside an envelope, and the public will not be able to view the record. However, the record may be viewed if an order to unseal the record is sought and obtained from the court. The Florida Department of Law Enforcement also keeps a copy of the arrest record, but the clerk of court will clear the record from the court’s database. When your criminal record is expunged, the record is destroyed by the clerk of court and the law enforcement agency that arrested you. The record will also be erased from the court’s database. Only FDLE will retain a copy of your arrest record.

Contact Dedicated and Knowledgeable Tampa Seal and Expunge Attorney Marc A. Joseph, P.A. Today for Your Free and Confidential Consultation

If you have been arrested and charged with a crime in Florida, depending on the facts and circumstances of your case, and depending on your criminal history, you may qualify to have the arrest record sealed or expunged. Remember, even if you are never convicted of the offense for which you were arrested, you still have a criminal record that can adversely impact your ability to obtain a job or even student financial aid. But with a sealed or expunged record, you don’t even need to tell potential employers that you’ve been arrested. At Marc A. Joseph, P.A., we can help you determine your eligibility and guide you through the complex application process. Contact Tampa Seal and Expungement Attorney Marc A. Joseph, P.A. today by calling (813) 234-6374. We are available 24/7 so call anytime to schedule your free consultation and learn what we can do for you.

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