Expungement and Record Sealing in Florida: Myths vs. Facts
A criminal record can haunt an individual far beyond the trial. In Florida, record sealing and expungement are avenues that can reduce public access to your criminal record. Misinformation is prevalent with regard to these avenues. Knowing the myths and facts can help an individual make the most appropriate decision for their future.
Myth #1: Sealing and expungement are the same thing
Fact: Record sealing and expungement are similar but not the same.
Record sealing restricts public access to your criminal record. The record, however, is still maintained but can be accessed by some government agencies.
Expungement destroys the record maintained by most agencies with limited exceptions.
Both record sealing and expungement can offer relief to an individual. Expungement offers greater privacy.
Myth #2: Any criminal record can be sealed or expunged
Fact: Eligibility is restricted under Florida law.
A person is normally eligible if:
- The case did not end in a conviction
- The charges were dismissed, dropped, or resulted in a withhold of adjudication
- The offense is not on the list of disqualifying crimes in Florida
- Some crimes, such as sex crimes involving minors, are never eligible
Myth #3: You can seal or expunge more than one case
Fact: Florida only permits a single record to be sealed or expunged per lifetime.
That is why strategic decision-making is so important. The choice of which case to bring for relief can be based on the gravity of the charge, visibility, or employment and licensure consequences.
Myth #4: Sealed or expunged records completely disappear
Fact: Although records are no longer publicly available, they are not entirely removed from existence.
Law enforcement agencies and some government agencies are still able to access sealed or expunged records. In some circumstances, a person can still be required to disclose information about an expunged case, such as:
- Seeking a law enforcement position
- Pursuing professional licensure
- Seeking a position in public office
Myth 5: The process is quick and automatic
Fact: The process of sealing or expunging a record is a multi-step process. The process involves:
- Applying for a Certificate of Eligibility through the Florida Department of Law Enforcement (FDLE)
- Submitting a petition to the court
- Awaiting the court’s approval
The process can take a few months, and any error in the paperwork or in the assessment of the applicant’s eligibility can result in a delay or denial of the application.
Why legal guidance matters
As the laws are very strict and unforgiving, legal advice can play a big part. An experienced criminal defense attorney can assist in the following ways:
- Eligibility assessment
- Most advantageous case selection
- Accurate documents
- Compliance with disclosure requirements
Any error in these steps can result in the forfeiture of eligibility. Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
If you’re looking to have your record sealed or expunged, call the Tallahassee criminal defense lawyers at Luke Newman, P.A. We can begin the process of protecting your future right away.
