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EXPUNGE OR SEAL A CRIMINAL RECORD- FLORIDA


JACKSONVILLE EXPUNGEMENT LAWYER | ELIGIBILITY, PROCESS, COST


In Florida, the sealing or expunging of a criminal record is the process by which a previous defendant, upon meeting specified eligibility requirements, eliminates access to their criminal record (sealing) or has the record destroyed (expungement) by way of court order. If you were previously accused of a crime in Jacksonville or elsewhere in Florida and wish to clear your record, contact our Jacksonville Sealing and Expungement Lawyer for a free consultation. Our firm charges a flat attorney’s fee of $450.00* for all petitions (*excluding costs).


Definition of Seal and Expunge: Florida Law


Under Section 943.045, Florida Statutes, the term “seal” is defined as the preservation of a record under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the record or the information contained and preserved therein. This means that your Florida criminal record will be maintained in such a way that it is confidential and safe from public view. This is not to say that the record can not be viewed at all. It will still be viewable by the person who is the subject of the record, to that person’s attorney, to certain criminal justice agencies, and to judges in the state court system.


In Jacksonville, Florida, the ability to seal is limited to the record of one arrest or criminal incident. However, the court may, at its sole discretion, order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.


Under Section 943.045(16), Florida Statutes, the term “expunge” is defined as a court-ordered physical destruction or obliteration of a record (or portion of a record) by any criminal justice agency having custody of the record. The only place the record will remain is with the Florida Department of Law Enforcement (FDLE), which is required by statute to retain the person’s criminal history on file. An expunged criminal record retained by the FDLE is confidential and exempt from public disclosure.


With certain exceptions, the court may only order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. In this regard, the court may, at its sole discretion, order the expunction of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest.


Disclosing a Criminal Record After Sealing or Expunging


Once a former defendant or arrestee’s record has been sealed or expunged, he or she is legally protected from having to disclose the record to other persons or entities. There are limited exceptions to this rule.  Under Sections 943.0585(4)(a) and 943.059(4)(a), Florida Statutes, the beneficiary of the sealing or expunging may lawfully deny or fail to acknowledge the arrest or prosecution covered by the sealed or expunged record, unless the person:


  1. Is a candidate for employment with a criminal justice agency;
  2. Is a defendant in a criminal prosecution;
  3. Is a candidate for admission to The Florida Bar;
  4. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice;
  5. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
  6. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (this applies only to the sealing of records);
  7. Is seeking authorization from a Florida seaport identified in Section 311.09, Florida Statutes, for employment within or access to one or more of such seaports pursuant to Section 311.12, Florida Statutes;
  8. Is seeking to change their immigration status or receive immigration benefits.   


Sealing a Criminal Record: Eligibility Requirements


To seal your record in Jacksonville, you must meet the following eligibility requirements, as mandated under Florida law:



Expunging a Criminal Record: Eligibility Requirements


The eligibility requirements to expunge a criminal record in Jacksonville, Florida are identical to the eligibility requirements to seal a record, except that expungements have two additional conditions:



Disqualifying Offenses That Can Not Be Sealed or Expunged


Under Sections 943.0585 and 943.059, Florida Statutes, certain offenses are not eligible to be sealed or expunged, regardless of whether adjudication was withheld.


-Arson;

-Aggravated assault;

-Aggravated battery;

-Illegal use of explosives;

-Child abuse or aggravated child abuse;

-Abuse of an elderly person or disabled adult;

-Aircraft piracy;

-Kidnapping;

-Homicide;

-Manslaughter;

-Sexual battery;

-Robbery;

-Carjacking;

-Lewd, lascivious, or indecent assault upon or in presence of a child under 16;

-Sexual activity with a child, who is 12 years of age or older but less than 18;

-Burglary of a dwelling;

-Stalking and aggravated stalking;

-Act of domestic violence as defined in Section 741.28, Florida Statutes (including assault, aggravated assault, domestic battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member);

-Home invasion robbery;

-Act of terrorism as defined in s. 775.30;

-Manufacturing any substances in violation of Chapter 893, Florida Statutes; and

-Attempting or conspiring to commit any such crime.


NOTE: The offenses listed above are only disqualifying if, in connection with the offense, there was a finding or verdict of guilt or delinquency, or there was a plea of guilty or no contest.  If the charges were dropped or otherwise dismissed, you will remain eligible to seal or expunge your criminal record.  


How to Seal or Expunge a Criminal Record


The procedures that must be followed to seal or expunge a criminal record are both tedious and time consuming.  


Step 1: Preparation of an Application for Certification of Eligibility to Seal or Expunge a Criminal Record- the application must be signed in front of a notary;

Step 2: Obtain fingerprints on an approved Florida Department of Law Enforcement fingerprint form;

Step 3: Obtain a certified copy of the disposition from the Clerk of Courts;

Step 4: Submit completed Application to Expunge or Seal to the State Attorney’s Office for completion of “Section B.”  Note: this step applies only to expungements.  

Step 5: Submit the application, fingerprint form, certified copy of disposition, and money order or cashier’s check to the Florida Department of Law Enforcement for processing;

Step 6: Obtain Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).  Current FDLE processing times can be months in duration.  

Step 7: Draft and file with the presiding court a Petition to Seal or Expunge. The petition must be drafted in accordance with Chapter 943, Florida Statutes, or else it will be denied.

Step 8: Simultaneously with the Petition to Seal or Expunge (see Step 7), submit for court review a proposed order for sealing or expunging.    

Step 9: Serve copies of the Petition and proposed orders on the Office of the State Attorney and appropriate law enforcement agencies.  

Step 10: Attend a hearing on your petition, if required by the court.  

Step 11: Await court approval of the petition and the issuance of the order that seals or expunges the record.


Upon properly serving the petition, a hearing is held wherein the court, in its discretion, makes a determination about whether to grant or deny your requests in whole or in part.  At this stage, the assistance of an attorney is especially critical.  Prosecutors frequently oppose efforts to seal and expunge records (even in meritorious cases) and it is important to have counsel available to make appropriate legal arguments and present your case in the best possible light. Judges have wide discretion to approve or deny petitions, and appellate review is extremely limited.


Frequently Asked Questions: Sealing and Expunging in Jacksonville


Shown below of some of the most frequent questions asked of Jacksonville Attorney regarding the sealing or expunging of a criminal record.


Q: If I have a record sealed or expunged in another state, can I also have a Florida record sealed or expunged?  No.  If the record was sealed or expunged because you petitioned to have it done by court order, you will not be eligible.


Q: If I have an out of state criminal conviction, will that prevent me from having my Florida record sealed or expunged?  Yes. Any criminal conviction (adjudication of guilt) will prevent a person from having a record sealed or expunged within Florida.  The conviction does not have to be on the arrest they are requesting.


Q: Can I have multiple cases sealed or expunged? No. Florida law provides relief only once in a lifetime unless both dates of arrest or both cases can be shown to be directly related to one another (FTA, VOP, multiple counts).


Q: I pled to Battery-Domestic Violence, but received a withhold of adjudication (not convicted). Can I still seal or expunge? No. Battery Domestic violence is a disqualifying offense and renders the accused ineligible for sealing or expungement, even if adjudication was withheld.


Q: My case was dismissed. Does this mean that I have no record, or that my record was automatically expunged?  No. There is a still a record of the arrest and prosecution. This record must still be expunged by following the procedures outlined above.


Q: The FDLE has approved my application and I received my Certificate of Eligibility.  Does this mean my record is sealed or expunged? No. A Certificate of Eligibility is just that- an official statement that you are eligible to seek a sealing or expunction.  You must still petition to court and comply with all procedures mandated by Chapter 943, Florida Statutes.


Q: How long will it take for the Florida Department of Law Enforcement to process my application? Current processing times are 3-4 months.


Q: Can I pay to have FDLE expedite the processing of my application to seal or expunge?  No. Upon the filing of your application, you will be given a priority date based on the date of submission. The application will be processed in the order it was received- first come first served. There is no expedited track, and any attorney or “legal clinic” promising otherwise is lying to you.


Q: Who is entitled to receive “sealed” information? There are several agencies entitled to receive sealed information under Florida law.  These include law enforcement, the Florida Bar, entities presiding over teacher certification, Agency for Healthcare Administration, and the Department of Children and Families (DCF).



If you are seeking to seal or expunge a Florida criminal record, contact Hussein & Webber, PL today. All consultations with our Jacksonville seal or expunge a record lawyer are free and confidential.    

 

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