Florida Sealing and Expungement Attorney

Unfortunately, many people in Florida find themselves in unfortunate legal situations with the police resulting in arrests or criminal charges. This is true even if those arrests and charges are unwarranted or based on a misunderstanding. This can be an extremely frustrating time for individuals with those questioning why this is happening to them. Luckily, in Florida, there may be a way to clear your record if you qualify based on the facts of your situation.

If you’ve ever been arrested in Florida, even if charges were never filed, dropped or dismissed, that record may still appear online on the court docket. An arrest record can affect your employment, housing, education, and reputation. Fortunately, Florida law allows individuals to expunge or seal eligible criminal records under certain circumstances. Our experienced attorneys are here to guide you every step of the way.

Generally speaking, sealing of your arrest record restricts public access to the record making it only accessible by certain government agencies. Essentially, the record will still exist but will prevent the general public from accessing the record although the incident will remain on file with the criminal justice agency but it is confidential. For situations where those individuals are not eligible for expungement may be eligible for sealing. In situations where charges against the individual are not dismissed or dropped then individuals may pursue a sealing if the adjudication has been withheld.

Generally speaking, the expungement of your arrest record physically destroys the documents relating to the arrest. The only exception is a confidential copy is retained by the Florida Department of Law Enforcement. To be eligible for expungement the charges against the individual must be dropped, dismissed, nor pursuit, or resulted in an acquittal at trial.

It is important to note and be aware that some offenses, such as certain violent crimes, sex crimes, or DUI convictions, are not eligible for sealing or expungement.

It is important to note that every particular case is different and this page cannot accurately advise you if you are eligible for clearing your record. Rather, you need to discuss with a Florida criminal record attorney to determine your eligibility. This is because, in addition to the eligibility requirements listed above, there are additional requirements:

• You must not have ever previously been adjudicated guilty or convicted of a criminal offense in Florida or this would make you ineligible for both sealing and expungement. The Florida Department of Law Enforcement will perform a background check to confirm your eligibility. Offenses from other states will not general bar you.
• Florida only allows you seal or expunge a criminal record one time. If you have previously sealed or expunged a record then you will be disqualified from doing so again.
• If you have a pending criminal case pending or under court supervision of any kind, such as probation or community control, then you will be ineligible to seek sealing or expungement.

In addition to the emotionally relief of having your record cleared following a criminal case there are also practical considerations which are benefits as a result of your record being cleared:

• Allows you to lawfully deny or fail to acknowledge the existence of the expunged or sealed record in most circumstances. However, please note there are exceptions where the records must still be disclosed. 
• Increase your chances of getting a job or promotion
• Qualify for housing and rental applications
• Restore your reputation and peace of mind
• Improve eligibility for financial aid or school admissions
• Prevent individuals from knowing about situations from your past

It is extremely important to note that while it clearing your record in Florida will remove the record from the criminal justice agency and local court, as well as preventing it from showing up in background searches that rely on the Florida database, evidence of your arrest may still appear on the internet. If there is a website with a picture of your mugshot, clearing your record through sealing or expungement will not remove those records and that would require a different process. Additionally, the record may still appear in the FBI federal database.

The expungement process in Florida involves several steps, including:

1. Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This part of the process includes a filing fee, obtaining documents from the case itself, and obtaining fingerprints.
2. Filing a petition for expungement or sealing with the appropriate circuit court
3. Attending a hearing, if required by the judge
4. Receiving a final order sealing or expunging the record

While the process itself is not complicated, there are many requests throughout the state and there is a review process from the Florida Department of Law Enforcement. Accordingly, the whole process can take anywhere from 6-12 months.

While you can attempt to file for expungement on your own, having a knowledgeable attorney helps simplify and streamline the process while saving you time from your personal life. Our team:

• Reviews your eligibility and handles all documentation
• Advises you of the process every step of the way
• Drafts and files the required pleadings with the local court after the certificate of eligibility is obtained
• Communicates with the State Attorney and Clerk of Court
• Represents you at hearings if needed
• Ensures your rights are protected at every stage

Don’t let your past define your future. Florida allows you to seal or expunge your record, allow our dedicated team of criminal record attorneys to help clear your record and reclaim your life. We have experience in these matters and would be happy to assist you.

Let us help you leave the past behind—legally and permanently.

Consultations are always free. DON'T DELAY YOUR CASE! CONTACT US IMMEDIATELY! We look forward to helping you. 954-772-2644.