The Florida Department of Law Enforcement (FDLE) is the authority that determines the sealing or expunging of criminal records of individuals; however there are certain eligibility conditions to be fulfilled. Florida statute 943.0585 gives information about expunging criminal records, and statute 943.059 can be referred for sealing a criminal record.
Call us with questions about criminal record sealing or expungment:
Expunging a criminal record means the record is destroyed by the police agency involved in arresting the person and by the court clerk. The record is also erased from the online database of the court, and FDLE will be the only agency retaining the record. Sealing a criminal record means keeping the record on file, but it will be kept in a sealed envelope, which cannot be viewed by the public, unless a court orders unsealing of the record. The record is kept by FDLE but removed from the computer database of the court.
Have you been arrested while on probation? Violations of probation can be either technical or substantive. This can seriously affect the severity of the violation contact a Broward criminal defense lawyer from our team today.
Eligibility for Expunging Criminal Record
Under Florida Statute 943.0515, a person’s juvenile record is automatically expunged at the age of 24 or 26, depending on certain conditions of prior arrests and future convictions as adult. For all other criminal record expunging, the person has to be eligible and apply formally for a Certificate of Eligibility. To be eligible for criminal record expungement the person must have received any one of these results:
o Acquittal: The person was found not guilty by the jury or judge at a trial, for charges levied by the State Attorney’s office.
o Dismissal of Charges: After the arrest, the State Attorney has filed formal charges against the person but later dismissed these charges due to lack of evidence, issues with the witnesses, or the person accepted some pre-trial program of intervention, or some other legal reason.
o No Action: After the arrest of the person, the State Attorney’s Office did not file charges after reviewing the circumstances surrounding the arrest.
Eligibility for Sealing Criminal Record
For sealing a criminal record, the person must have received a result of “Adjudication Withheld.” This means the court has withheld the conviction against the person, after the person went to trial or entered a plea. The person also has to apply formally for the Certificate of Eligibility.
Criminal Records that cannot be Expunged or Sealed
If the person has received a guilty conviction for the crime, after a trial or plea in a court, then such criminal record may not be expunged or sealed.
Restrictions on the Number of Criminal Records that can be Expunged or Sealed
A person is allowed to expunge or seal only one criminal record in his or her lifetime. If the person has more than one criminal record that are eligible, then the person has to choose one amongst the lot, which he or she wishes to seal or expunge. However, if the person has number of criminal cases directly connected with a single original arrest, the court can decide to expunge the criminal history pertaining to multiple arrests.
William Moore is a Leader in defending against Broward County misdemeanor arrests
Advantages of Expunging or Sealing Criminal Records
Criminal records are public records and can be viewed by any member of the public. Having a criminal record will pose severe restrictions on finding employment, applying for loans, and applying for membership at certain institutions. Once the criminal record has been sealed or expunged, the person can fail to acknowledge and even deny having that criminal record. However, in certain cases, the person is required by law to disclose the expunged criminal record. These include the following:
- While applying for a position in a criminal justice agency
- While applying for admission to the Florida Bar
- While applying for a job or licensing in different government agencies like Department of Children and Family services and many others
- While standing as a defendant in a criminal trial
- While applying for change in immigration status
- While applying for access or employment at a sea port
BROWARD COUNTY SEALING AND EXPUNGING OF RECORDS LAWYER
FORT LAUDERDALE SEALING AND EXPUNGING OF RECORDS LAWYER
Our criminal defense attorneys have been petitioning the courts for sealing and expungment of criminal records on behalf of our clients for almost 20 years. Florida law in this regard is strict and eligibility of an accused is always the most pressing question.
Speak with a Broward County Sealing and Expunging of Records Lawyer Now!
A good starting point in determining your eligibility for either ceiling or expunction is to determine the following about how your case was handled:
Have you ever been convicted for a crime anywhere in the world?
Have you ever had an arrest, previously on your criminal record either sealed or expunged?
Not all criminal arrests in Florida are eligible for ceiling or expunction. Please review the list below as it enumerates specific crimes that are not eligible for record ceiling or expungement under Florida law. These crimes are not eligible for criminal record work regardless of how they were disposed of in the Florida court system.
Crimes ineligible for sealing or expunction under Florida law
- Luring or Enticing a Child – F.S. 787.025
- Sexual Battery and related offense – Chapter 794
- Procuring person under 18 for prostitution – F.S. 796.03
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age – F.S. 800.04
- Voyeurism – F.S. 810.14
- Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult – F.S. 825.1025
- Sexual Performance by a child – F.S. 827.071
- 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 F.S. 775.21 or for registration as a sexual offender under F.S. 943.0435.
- Offenses by public officers and employees – Chapter 839
- Giving/showing/transmitting/loaning obscene materials to a minor – F.S. 847.0133
- Computer pornography(child related) – F.S. 847.0135
- Selling or buying of minors – F.S. 847.0145
- Drug Trafficking (Trafficking in Controlled Substances) – F.S. 893.135 (This does not include possession)
- Violations of Pretrial detention or release – F.S. 907.041
- Arson – F.S. 806.01
- Aggravated Assault – F.S. 784.021
- Aggravated Battery – F.S. 784.045
- Illegal use of explosives – F.S. 790.001
- Child abuse or aggravated child abuse- Chapter 827
- Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft Piracy
- Kidnapping – Chapter 787
- Homicide – Chapter 782
- Manslaughter – F.S. 782.07
- Robbery – F.S. 812.13
- Carjacking – F.S. 812.133
- Sexual activity with a child, who is 12 years of age or older, but less than 18 years of age, by or at solicitation of a person in familial or custodial authority – F.S. 827.071
- Burglary of a dwelling – F.S. 810.02
- Stalking and aggravated stalking – F.S. 784.048
- Act of Domestic Violence as defined in F.S. 741.28
- Home invasion robbery – F.S. 812.135
- Act of terrorism as defined by F.S. 775.30
- Manufacturing any substances in violation of chapter 893
Attempting or conspiring to commit any of the above crimes
More information can be obtained by contacting Fort Lauderdale Sealing and Expunging of Records Lawyer William Moore at 954-523-5333. Offices located at 1 Financial Plaza, Fort Lauderdale FL 33394.