Expungement and Sealing Records: A Fresh Start After a Conviction

Having an arrest on your criminal record can negatively impact your life in many different ways. As a result, if you have an arrest on your record, it will be well worth finding out if you are eligible to have your criminal record sealed or expunged. If you are eligible, having your record sealed or expunged can truly provide a fresh start—and it will feel like a tremendous weight has been lifted off of your shoulders.

Expungement vs. Sealing Records: What’s the Difference?

While the terms “expungement” and “sealing” are often used interchangeably, they have different meanings under Florida law. As the Florida Department of Law Enforcement (FDLE) explains:

“When a criminal history record is sealed or expunged, the public will not have access to it. Certain governmental or related entities, primarily those listed in Section 943.059(4)(a), . . . have access to . . . sealed record information in its entirety. When a record has been expunged, most of the entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order.”

However, even if you have had your criminal record sealed or expunged, you still cannot deny your arrest when:

Applying to change your immigration status
Seeking appointment as a guardian
Seeking employment in education, child care or certain other child-related occupations
Seeking employment with a criminal justice agency
Seeking employment in an occupation that has direct contact with developmentally disabled or aging individuals
Seeking employment at, or access to, a seaport
Applying for a license from the Florida Division of Insurance Agent and Agency Services
Applying for admission to the Florida Bar

Generally speaking, once you have had your criminal record sealed or expunged, it will not show up on background checks for employment in the private sector. However, it is important to clarify that your record will be sealed or expunged from Florida government databases only. If information about your arrest has been copied into a private or federal database (such as a private background check company’s database or the national criminal history database), it may still show up in these databases indefinitely.

When Can You File for Expungement or Record Sealing in Florida?

While expungement and record sealing are closely related in Florida, they are subject to slightly different eligibility requirements. As a result, you will want to be sure to determine your eligibility for both options, and then you will want to make an informed decision about which option to pursue. An experienced attorney will be able to help you with both of these; and, if you are eligible to move forward, your attorney will be able to guide you step-by-step through the appropriate process.

Eligibility to File for Record Sealing in Florida

The eligibility criteria for seeking to have a criminal record sealed in Florida are generally as follows:

You have not been adjudicated guilty delinquent in Florida for any felony offense
You have not been adjudicated guilty or delinquent in Florida for any misdemeanor offense listed in Section 943.059(1)(b) of the Florida Statutes
You have not been adjudicated guilty or delinquent in the case for which you are seeking to have your record sealed
You have not previously had a criminal record sealed or expunged in Florida
You do not currently have another petition to seal or expunge a criminal record pending
You have completed any probation or community control to which you were sentenced
Your criminal record is not ineligible for sealing under Section 943.0584 of the Florida Statutes

Eligibility to File for Expungement in Florida

The eligibility criteria for seeking to have a criminal record expunged in Florida are generally as follows:

No indictment, information or other charging document was filed in the case that you are seeking to expunge; or, if a charging document was filed, the case was resolved by nolle prosequi, dismissal, acquittal, or a not guilty verdict
You do not have a prior adjudication of guilt or delinquency in Florida for any felony offense or any misdemeanor offense listed in Section 943.0585(1)(d) of the Florida Statutes
You have not been adjudicated guilty or delinquent in the case for which you are seeking to have your record sealed
You have not previously had a criminal record sealed or expunged in Florida
Your criminal record is not ineligible for sealing under Section 943.0584 of the Florida Statutes

How Do You File for Record Sealing or Expungement in Florida?

If you are eligible to have a criminal record sealed or expunged, the first step in the process is to file an application for a Certificate of Eligibility with the FDLE. As the FDLE makes clear, “[t]he issuance of a Certificate of Eligibility does not mean that your criminal history record will, necessarily, be ordered sealed or expunged by the court.” Rather the issuance of a Certificate of Eligibility is simply intended to inform the court that the record you are seeking to seal or expunge is eligible under the applicable provisions of Florida law.

Once you have obtained a Certificate of Eligibility, you will need to go through several additional steps in order to have your criminal record sealed or expunged. Due to the complexity—and the importance—of the process, we strongly recommend hiring an experienced criminal defense lawyer to help you. While going through the process requires time and effort (even with a lawyer’s help), it will be more than worth it in the end if it means getting the fresh start you deserve.

Speak with a Lawyer About Filing for Record Sealing or Expungement in Florida

Are you eligible to have your criminal record sealed or expunged in Florida? If you would like more information, we invite you to get in touch. Please call 800-705-5457 or contact us online to schedule a confidential consultation today.