What is Expungement?

Expungement is a legal process through which an individual’s criminal record is erased or destroyed, effectively removing the incident from public view. In Florida, an expunged record cannot be accessed by the public or most employers, landlords, or educational institutions. It offers individuals a clean slate, allowing them to move forward without the stigma of a criminal past.

However, expungement in Florida is not an automatic right. It requires filing a petition with the court, meeting specific legal requirements, and receiving approval from the appropriate authorities. If successful, the court will issue an order directing that your criminal record be erased.

The following are several benefits of expungement:

• Employment Opportunities: With your record expunged, you will not have to disclose the expunged crime when applying for most jobs.
• Educational Opportunities: Many educational institutions conduct background checks on applicants, and an expunged record will not appear in these checks.
• Peace of Mind: Expungement allows you to move forward without the constant reminder of past mistakes hanging over your head.

Requirements for Expungement in Florida

Expungement in Florida is governed by strict eligibility criteria, and not all individuals are eligible for this process. To qualify for expungement, you must meet the following requirements:

1. No Prior Expungement or Sealing: You can only expunge or seal one criminal record in Florida. If you have previously had a record expunged or sealed, you are not eligible to expunge another.
2. Eligible Offenses: Only certain offenses can be expunged. For example, if you were arrested but the charges were dropped, dismissed, or you were acquitted, you may be eligible for expungement. On the other hand, convictions for certain serious crimes, such as sexual offenses or violent felonies, are not eligible for expungement.
3. Certificate of Eligibility: Before petitioning the court, you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that you meet the legal requirements to file for expungement.
4. Court Petition: Once you obtain the Certificate of Eligibility, you must file a petition with the court to request that your record be expunged. The court will review your petition and determine whether to grant your request.

At First Coast Criminal Defense, we guide you through every step of the expungement process, from obtaining the necessary certificates to filing your petition in court.

What is Record Sealing?

Record sealing is a similar but distinct process from expungement. While expungement erases the criminal record, sealing simply makes the record inaccessible to the public. A sealed record still exists but can only be accessed by certain government agencies, including law enforcement, the courts, and specific licensing agencies. For most purposes, however, a sealed record is treated as if it does not exist, and individuals do not need to disclose it to employers, landlords, or schools.

The main differences between expungement and record sealing include:

• Access to Records: An expunged record is physically destroyed or erased, while a sealed record still exists but is hidden from public view.
• Who Can See It: In most cases, an expunged record is completely inaccessible, while a sealed record can still be accessed by law enforcement and some government agencies.
• Eligibility Requirements: The eligibility requirements for record sealing are slightly different from those for expungement, though they share some similarities.

Eligibility for Record Sealing in Florida

Like expungement, record sealing in Florida has specific eligibility criteria. Below are the key factors that determine whether you qualify for record sealing:

• No Prior Sealing or Expungement: You can only seal or expunge one criminal record in Florida. If you have previously had a record sealed or expunged, you are not eligible for this process.
• No Conviction: Individuals who have been convicted of a crime are not eligible for record sealing. However, if your case was dismissed or you were acquitted, or if you received a withhold of adjudication (meaning you were not formally convicted), you may be eligible to seal your record.
• Non-Violent Offenses: Certain violent offenses are not eligible for record sealing, including certain domestic violence cases, sex crimes, and violent felonies.
• Certificate of Eligibility: As with expungement, you must apply for a Certificate of Eligibility from the FDLE before you can petition the court to have your record sealed.

Why Choose First Coast Criminal Defense?

At First Coast Criminal Defense, we have extensive experience helping clients in Clay County navigate the expungement and record-sealing process. Our team of experienced Clay County expungement attorneys is dedicated to ensuring your rights are protected every step of the way. We understand the impact a criminal record can have on your life, and we are here to help you get the fresh start you deserve.

Call (904) 474-3115 or contact us online today for a free case evaluation.