Before even considering hiring an attorney for seeking to seal or expunge your record, you should have an understanding if your offense is one that is prohibited from consideration, or if your disposition prevents you from expunging initially, but allows for sealing. Please Refer to the bottom of this section to see the list of offenses **** that are prohibited from consideration by Florida Department of Law Enforcement (FDLE) which determines if the individual is qualified for issuance of a certificate of eligibility.
Expunging is the ultimate remedy since the records are destroyed and only under limited circumstances are you required to acknowledge existence of the arrest or disposition. However, if any of the original charges were pled to that arose from the incident, expunging would not be the initial option. Often an individual charged with a felony pleas out to a reduced misdemeanor. Sealing would be potentially the initial option, only if the sentence contemplated a withhold of an adjudication as an adjudication of guilt would prohibit application for either sealing or expunging. Sealing allows for the records to be unsealed only upon a valid motion, and permits the Defendant lawfully deny . However, an individual may seek to expunge a record that has been sealed for ten years.
Both sealing and expunging require obtaining a certificate of eligibility from Florida Department of Law Enforcement after submitting proper application along with required fingerprint, certified court documents and of course, your application fee. Sealing does not initially require involvement from the Office of the State Attorney, however if you are seeking to Expunge a case, prior to application to FDLE, the Application must first go to the State Attorney that prosecuted, or declined to prosecute your case. That initial step adds typically a month to the average 6 to 8 months it takes to obtain the ultimate certificate, then file your motion/ petition and wait for the court.s ruling. Once the court grants the petition, an additional payment to the clerk is required in order for dissemination of the order to seal or expunge to the Arresting Police Agency, Sheriff's Office in Charge of Jail and to the parties.
EXPUNGMENT OF A JUVENILE CASES FOR COMPLETION OF DIVERSION PROGRAM, WHICH MUST BE DONE WIHTIN SIX MONTHS OF COMPLETION, DOES NOT COUNT AS A PRIOR EXPUNGEMENT WHICH IS EXTREMELY IMPORTANT FOR ONSE FUTURE ABILITY TO SEAL OR EXPUNGE AN SUBSEQUENT ARREST AS A JUVENILE OR ADULT.
A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if the defendant was found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following:
Offenses listed in S. 907.041, F.S.
Sexual misconduct with developmentally disabled person and related offenses
Sexual misconduct with mental health patient and related offenses
Luring or enticing a child
Sexual Battery and related offenses
Procuring person under 18 for prostitution
Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
Voyeurism
Florida Communication Fraud Act (Scheme to Defraud or Organized Fraud, as used in s.817.034, F.S.)
Lewd or lascivious offense upon or in presence of elderly person or disabled person
Sexual performance by a child
Offenses By Public Officers and Employees.
Showing, selling, etc., obscene literature to minor
Computer pornography
Selling or buying of minors
Trafficking in controlled substances
Sexual misconduct with mentally deficient or mentally ill defendant and related offenses A violation of any offense qualify for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435.
All references are from Florida Statutes