Seal or Expunge a Record
The legal process to seal or expunge your record in Florida is complex and time consuming. The best outcome can only be obtained with the assistance of an experienced and aggressive attorney. Call us today to find out whether you can pursue sealing or expunging your record.
Sealing and Expunging
Florida allows the sealing and expunging of only one adult arrest record in one proceeding. A court may elect to seal more than one record in a single proceeding if the records are directly related.
Sealing a record limits the access the general public has, but governmental entities - and others defined by the state - can review the record in full.
Expunging results in records being destroyed and you are required to acknowledge the arrest and / or disposition only in limited circumstances. The entities that can access sealed records receive a notice that a record has been expunged. They can only access the record in its entirety with a court order.
The laws governing the sealing or expunging of records are complex, and there are a number of offenses that cannot be sealed or expunged, regardless of the disposition.
It is a complex process in Florida, and there are several methods of relief available depending on your individual circumstances. Call us today to find out how we can help you achieve the best outcome.
General Guidelines
The first step when pursuing the sealing or expunging a record is to determine whether it is eligible to be sealed or expunged.
Florida maintains a list of offenses for which records cannot be sealed. Because they cannot be sealed, they also cannot be expunged. Review the offenses that cannot be sealed or expunged and call us if you are not sure whether you may be eligible.
The legal process begins with an application to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement and an affidavit stating no other records are sealed or expunged.
The Certificate of Eligibility and affidavit are presented to the court with jurisdiction over your arrest as part of a petition seeking relief. The court then determines whether to grant the request.
This is just a general description. Each case is unique. Call us to find out how to ensure the best outcome.
Juvenile Expungement
Juvenile records have been maintained by FDLE since October 1, 1994.
Juvenile criminal history records maintained by FDLE are generally not available to the general public. Exceptions are defined within the Florida criminal statutes.
Juvenile records have an abbreviated retention schedule if certain qualifications are met. Generally, this results in the automatic expungement of the record after a specified period - at age 21 or 26. Persons between the ages of 18 and 21 may request their juvenile criminal history be expunged earlier if they meet certain conditions.
Additionally, juvenile defendants who successfully complete a qualified diversion program may be eligible for expungement of their record.
Call us today for assistance if you are trying to expunge a juvenile record.
