What Is the Difference Between Record Sealing & Expungement?
The state of Florida offers two possible processes for those who wish to make their criminal record inaccessible to the public:
- Sealing your record means that only certain entities, such as law enforcement and the courts, will be able to see your criminal record, rather than the general public.
- Expunging your record, on the other hand, involves the physical destroying of your record with only one confidential copy being kept, accessible only by court order.
Do You Need a Lawyer to Expunge Record in FL?
It is not mandatory to hire a lawyer to expunge a record in Florida, but would be highly recommended. The Florida expungement process can be complex and having an experienced expungement attorney in Florida can increase your chances of success. Several reasons why having a lawyer on your side for a Florida expungement include:
- Legal Knowledge: Having an attorney who specializes in Florida expungement law and an understanding of the requirements, procedures, and deadlines involved is crucial.
- Eligibility Assessment: Determining whether you are eligible for expungement can be challenging, as it depends on various factors such as the type of offense, waiting periods, and your criminal history.
- Increased Success Rate: Lawyers who handle expungement cases regularly have experience navigating the legal system, negotiating with prosecutors, and presenting strong arguments to the court.
- Procedural Compliance: An attorney can ensure that all required documents are prepared accurately and submitted within the specified timeframe, reducing the chances of errors.
- Record Evaluation: An attorney can review your criminal record for any errors or inaccuracies that may hinder your expungement process.
- Peace of Mind: Knowing that a legal professional is handling your case can provide peace of mind as they answer your questions and address any concerns throughout the process.
It is possible to go through this process on your own; however, a expungement lawyer in Florida can provide personalized guidance and increase your chances of achieving a successful expungement.
Can A Felony Be Expunged in The State Of Florida?
In Florida, expunging a felony conviction is generally more complex than expunging a misdemeanor, and it is only possible under specific circumstances. Florida law allows for the expungement or sealing of certain criminal records, but the eligibility criteria are strict.
Eligibility for Expungement or Sealing:
- Types of Felonies: Most felony convictions in Florida cannot be expunged or sealed. However, if the charges were dropped, dismissed, or if you were acquitted, you might be eligible to have the records expunged. If adjudication was withheld (meaning you were not formally convicted), you might be able to have the records sealed.
- One-Time Expungement or Sealing: Florida generally allows a person to expunge or seal only one criminal record in their lifetime. If you have had another record sealed or expunged in the past, you may be ineligible to do so again.
- Waiting Period: If adjudication was withheld and you are seeking to have the record sealed, you must first wait until your probation or supervision is completed. You must also meet a specific waiting period before applying, which is typically 10 years after the completion of your sentence.
- Non-Violent Crimes: Felonies that are eligible for expungement or sealing are usually non-violent offenses. Violent crimes, such as murder, sexual battery, or other serious offenses, are generally not eligible.
- No Prior Expungements or Seals: If you have had another criminal record sealed or expunged in Florida or any other state, you may not be eligible to expunge or seal a felony record.
The Process
To pursue expungement or sealing, you would typically need to file a petition with the court, obtain a certificate of eligibility from the Florida Department of Law Enforcement (FDLE), and attend a hearing. The court will then decide whether to grant the expungement or sealing based on the specific details of your case and your eligibility.
Expunging or sealing a felony record can significantly impact your ability to move forward, as it removes the record from public view, making it easier to secure employment, housing, and other opportunities. However, certain government agencies, including law enforcement, will still have access to the sealed or expunged records.
Florida Expungement Eligibility
There are slightly fewer criteria to have your record sealed than expunged. You may be eligible for criminal record sealing in Florida if you were not actually convicted of a crime or if adjudication of guilt was withheld in your case (in other words, you were put on probation but not found guilty by the court).
Additionally, you cannot have any prior records sealed or expunged, and you cannot have any existing records that related to certain serious offenses, such as homicide, rape, kidnapping, or arson.
In contrast, in order to have your criminal record expunged, you must meet the following criteria:
- No charges were filed against you; or
- Your charges were dismissed; or
- Your criminal record has been sealed for at least 10 years; and
- You do not have a record related to any of the crimes that are not permitted to be expunged under Florida state law (typically, these are violent and/or serious crimes, although some are offenses that can be sealed).
Call First Coast Criminal Defense at (904) 474-3115 today to request a complimentary case evaluation with our Florida expungement lawyers today!
What Crimes Can Be Expunged in Florida?
In Florida, not every crime is eligible for expungement. There are limitations regarding what types of crimes can be removed from your record.
Unless the case was dropped or dismissed, the following are examples of crimes that cannot be expunged:
- Homicide
- Manslaughter
- Kidnapping
- Arson
- Aggravated assault or battery
- Drug trafficking or manufacturing
- Stalking
- Sexual offenses involving a minor
- Robbery
- Carjacking
These are just some of a list of similar offenses. If you have questions about whether expungement is possible in your case, we advise you to get in touch with our firm.
Florida Expungement Process
In order to request that your criminal record be sealed or expunged, you will need to file an application with the Florida Department of Law Enforcement. This application must include, among other materials and information, a copy of the final disposition in your criminal case. If your application is approved, you will receive a certificate of eligibility. You will then need to petition the court that handled your case to have your record sealed or expunged. You will need to present a copy of the certificate of eligibility to both the prosecutor and the arresting agency.
When petitioning to have your criminal record sealed or expunged, it is important that you properly complete and file all necessary paperwork, applications, and petitions with the proper agencies. Our firm can assist you in this process. Our Jacksonville expungement attorneys are well-versed in the various processes involved and can answer your questions every step of the way. We are available 24/7 to assist you.
