Seal and Expunge Representation in Florida

Why should I get my Florida criminal record Sealed or Expunged?

In the State of Florida, if your criminal record is sealed or expunged, you may lawfully deny that you were ever arrested. However, there are some exceptions discussed below.

What does it mean to Seal or Expunge my criminal record?

A sealed criminal record is:

• Unavailable to the public.
• Not subject to public records request.
• Available to certain government or related entities in it’s entirety.
• Not destroyed.

An expunged criminal record is:

• Unavailable to the public.
• Not subject to public records request.
• Available to certain government or related entities only to the extent that the record existed but was expunged.
• Physically destroyed.

How do I qualify to have my record sealed or expunged?

Under Florida law, to qualify for sealing of your criminal record:

1. Your case must have been resolved in one of the following ways: the charges you were arrested for were concluded with a plea of “Guilty” or “No Contest” and the Court “Withheld” the adjudication of guilt, or you were found guilty after a trial and the Court “Withheld” the adjudication of guilt, and
2. The crime you were found guilty of is not prohibited from being sealed, under Fla. Stat., 943.0584,  and
3. You have never been adjudicated guilty of a criminal offense in Florida, and
4. If you had any juvenile felonies and/or juvenile misdemeanors under Fla. Stat. 943.0585(1)(d)), which resulted in an adjudication of delinquency, they must first have been automatically expunged pursuant to Fla. Stat. 943.0515, and
5. You have never sealed or expunged another arrest in Florida.

Under Florida law, to qualify for expungement of your criminal record:

1. The charges you were arrested for were ultimately not filed, or if they were filed, were ultimately dropped, dismissed, or you were found “not guilty” of the charges by a judge or jury, and,
2. You have never been adjudicated guilty of a criminal offense in Florida, and
3. If you had any juvenile felonies and/or juvenile misdemeanors under Fla. Stat. 943.0585(1)(d)), which resulted in an adjudication of delinquency, they must first have been automatically expunged pursuant to Fla. Stat. 943.0515, and
4. You are no longer under court supervision, and
5. You have never sealed or expunged another arrest in Florida. This does not apply if you are expunging an arrest that has been sealed for ten years.

What crimes cannot be sealed or expunged in Florida?

Under Fla. Stat. 943.0584, the State of Florida lists certain criminal offenses that may not be sealed or expunged if the defendant was found guilty or pled guilty or nolo contendere, even if adjudication is withheld. This includes:

(a) Sexual misconduct, as defined in s. 393.135, s. 394.4593, or s. 916.1075;
(b) Illegal use of explosives, as defined in chapter 552;
(c) Terrorism, as defined in s. 775.30;
(d) Murder, as defined in s. 782.04, s. 782.065, or s. 782.09;
(e) Manslaughter or homicide, as defined in s. 782.07, s. 782.071, or s. 782.072;
(f) Assault or battery, as defined in s. 784.011 and s. 784.03, respectively, of one family or household member by another family or household member, as defined in s. 741.28(3);
(g) Aggravated assault, as defined in s. 784.021;
(h) Felony battery, domestic battery by strangulation, or aggravated battery, as defined in s. 784.03, s. 784.041,
and s. 784.045, respectively;
(i) Stalking or aggravated stalking, as defined in s. 784.048;
(j) Luring or enticing a child, as defined in s. 787.025;
(k) Human trafficking, as defined in s. 787.06;
(l) Kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02;
(m) Any offense defined in chapter 794;
(n) Procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03;
(o) Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04;
(p) Arson, as defined in s. 806.01;
(q) Burglary of a dwelling, as defined in s. 810.02;
(r) Voyeurism or video voyeurism, as defined in s. 810.14 and s. 810.145, respectively;
(s) Robbery or robbery by sudden snatching, as defined in s. 812.13 and s. 812.131, respectively;
(t) Carjacking, as defined in s. 812.133;
(u) Home-invasion robbery, as defined in s. 812.135;
(v) A violation of the Florida Communications Fraud Act, as provided in s. 817.034;
(w) Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102;
(x) Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025;
(y) Child abuse or aggravated child abuse, as defined in s. 827.03;
(z) Sexual performance by a child, as defined in s. 827.071;
(aa)Any offense defined in chapter 839;
(bb)Certain acts in connection with obscenity, as defined in s. 847.0133;
(cc)Any offense defined in s. 847.0135;
(dd)Selling or buying of minors, as defined in s. 847.0145;
(ee)Aircraft piracy, as defined in s. 860.16;
(ff) Manufacturing [as defined in c. 893] a controlled substance in violation of chapter 893;
(gg)Drug trafficking, as defined in s. 893.135; or
(hh)Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, or sexual offender pursuant to s. 943.0435, without regard to whether that offense alone is sufficient to require such registration.

I have criminal record in a different state that was sealed or expunged, can I still apply for sealing or expunging my Florida record?

Yes, previous sealing or expungement of a criminal history record in a state outside Florida does not you disqualify from having a Florida criminal history record sealed or expunged.

What are the exceptions to disclosing a sealed or expunged criminal record?

In the State of Florida, if your criminal record is sealed or expunged, you may lawfully deny that you were ever arrested. However, there are some exceptions.

• When applying for a job with a criminal justice agency
• If you are a Defendant in a criminal prosecution
• If you apply for a subsequent expunction
• If you are a candidate for the Florida Bar
• When applying for a job or license with DCF or DOE, Agency for Health Care Administration, Agency for Persons with Disabilities, Department of Health, Department of Elderly Affairs, and Department of Juvenile Justice
• When applying for any job with a district school board, at any school, or any local government agency that licenses child care facilities
• When seeking a license with the Division of Insurance
• When applying to be a court appointed guardian

Defender Donahue Law PLLC represents clients seeking to clear their record. If you have a criminal record in the State of Florida, contact me, Patrick C. Donahue, Esq. to discuss the facts of your particular criminal record. To schedule a free and confidential consultation about your criminal record, call my cell phone (561) 888-0113, send me an email PCDEsq@gmail.com, or use my Contact Form.