Can a Criminal Record Be Sealed or Expunged in Florida? Understanding Your Options
Having a criminal history will impact your life in many ways, even years after the matter has been resolved. Background checks by employers, landlords, licensing authorities, schools, and colleges are common, and sometimes even a criminal arrest that was not followed up with a conviction can show up on your criminal record. The good news is that, under Florida law, some folks may be eligible to seal or expunge their criminal records.
What is the difference between sealing and expungement?
Despite the similarity in use, there is a distinction between sealing and expunging your criminal history record.
The process of sealing a criminal history record implies that the record becomes unavailable to the public in general. Access to such records is generally denied to employers and private investigation agencies conducting background checks on applicants, except for certain governmental organizations and licensing bodies, which are allowed to review sealed records in accordance with Florida law.
The process of expunging a criminal history record is even more restrictive than sealing because physical criminal history records maintained by criminal justice agencies are either destroyed or made inaccessible, except for the confidential records kept by the Florida Department of Law Enforcement.
Who is eligible for expungements and sealings?
Factors that determine eligibility for sealing or expungement include the case disposition and the individual’s criminal history.
In most cases, individuals whose charges were dismissed, nolle prossed, or for whom a not-guilty verdict was returned are eligible for expungement. People who successfully complete a diversion program are also eligible in some cases.
To seal their record, they should not have any other criminal records that were previously sealed or expunged. The offense must also be among those listed as eligible in Florida. Some offenses, such as violent acts, sex offenses, child abuse, and more, are ineligible for sealing or expungement.
Since the eligibility criteria are very specific, it is recommended that an attorney review one’s criminal history before filing for sealing or expungement.
How does the process work?
The first step is to acquire the Certificate of Eligibility from the Florida Department of Law Enforcement. The applicant must provide the necessary fingerprints, complete the forms, and meet all statutory requirements before filing the petition with the court.
Even after obtaining the Certificate of Eligibility, you still need the judge’s approval to pursue this application. The court considers the petition, the relevant law, and the prosecution’s objection to determine whether to deal with or expunge the matter.
Inaccuracies in the procedure might cause delays, thus the importance of preparation.
The process of expunging a criminal record will make it possible for a person to benefit from many privileges that were previously unavailable. Such advantages include access to more employment opportunities, better housing, and the assurance that one’s past is not known to the public.
Talk to a Tallahassee, FL, Criminal Lawyer Today
Luke Newman, P.A., represents the interests of those seeking to seal or expunge their criminal record. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin the process right away.
