Seal & Expunge Criminal Records in Florida
Our firm handles criminal defense in a number of areas, including sealing or expunging criminal records for individuals throughout the state of Florida. When a criminal record is sealed, it is literally locked away and “sealed" from the public; some governmental entities will still be able to access a sealed record. When a criminal record is expunged, it is completely removed from the records.
Florida statutes s.943.0585 and s.943.059 outline the qualifying criteria for sealing and expunging criminal records in the state.
What Crimes Cannot Be Sealed in Florida?
If you would like to have your criminal record sealed, an important thing to note is that not all crimes will seal in the state of Florida. If you’ve been found guilty by a judge, or pled guilty to certain crimes, your record cannot be sealed. Even in cases where adjudication was withheld, or in cases where you were found guilty of simply planning to commit a certain crime, your criminal record may still be ineligible for sealing and your application may be denied.
The following is a list of crimes that cannot be sealed in Florida:
- Arson
- Aggravated assault
- Aggravated battery
- Sexual battery
- Stalking or aggravated stalking
- Sexual misconduct
- Prostitution
- Child abuse or aggravated child abuse
- Domestic violence
- Kidnapping
- Homicide
- Manslaughter
- Carjacking
- Robbery
- Home invasion robbery
- Burglary of a dwelling
- Aircraft piracy
- Terrorism
- Trafficking in controlled substances
- Scheme to defraud or organized fraud
- Offenses by public officers and employees
- Illegal use of explosives
- Lewd or lascivious assault against or in the presence of a child under the age 16
- Sexual activity with a child between the age of 12 and 18, by or at solicitation of a person in familial or custodial authority
- Showing obscene literature to a minor
- Computer pornography
- Selling or buying of minors
- Kidnapping; false imprisonment; luring or enticing a child; custody offenses
- Voyeurism, (secretly watches another person with lewd or indecent intent)
- Abuse, neglect and/pr exploitation of an elderly person
- Sexual misconduct with a developmentally disabled person
- Sexual misconduct with a mentally ill person
What are the Requirements for Getting a Criminal Record Sealed in Florida?
If you would like to apply to have your criminal record sealed, there are some specific requirements that you must follow. They are outlined in Florida statutes s.943.059.
The first thing you need to do is complete a valid Certificate of Eligibility for sealing, issued by the Florida Department of Law Enforcement. You will not be eligible to have your record sealed if you have been previously convicted (adjudicated guilty) of a related offense or if you’ve been adjudicated delinquent for certain felony or misdemeanor charges, whether related to the offense or not.
Once the Certificate of Eligibility is issued, the next step is to file a petition for relief. You must file the petition for relief along with the required affidavit and the Certificate of Eligibility in the county where you were arrested.
NOTE: Even if you are issued a Certificate of Eligibility, there is a chance that your application may be denied. The decision is ultimately up to the court.
Do You Need an Attorney?
If you are seeking to seal or expunge a criminal record, it is important to consult a qualified criminal lawyer who is familiar with the process of sealing a record in the state of Florida. The process can be complicated, and, in order to ensure you follow the right procedure, you may wish to hire an attorney for professional assistance. If you turn in your application without being completed properly, it will delay the process. Standard processing time is 30 business days.
Once your criminal record is sealed for 10 years, you may qualify for expungement. For more information or to speak with an attorney about your circumstances, contact The Law Firm of Steven W. Bowden today.
