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Seal or Expunge a Florida Criminal Record

Jacksonville Attorney for Sealing or Expunction of a Criminal Record

In Florida, the “sealing” and “expunging” of a criminal record is the process whereby a person, upon meeting specified eligibility requirements, petitions a court for an order that either limits access to their criminal record (sealing), or commands the destruction of the record (expungement). If you are seeking to clear your criminal record in Jacksonville, FL, the attorneys at Hussein & Webber, PL can help. Whether your goal is seal your Florida record or to expunge the record, our Jacksonville criminal defense lawyer can guide you through the process with minimal hassle and inconvenience.

A Florida criminal record that is sealed or expunged has invaluable benefits in terms of employment prospects, acceptance into universities and colleges, professional memberships, approval of loan applications, insurance premiums, eligibility for promotions, your reputation in the community, and other critical aspects of your daily life. For additional information about how to seal or expunge a criminal record in Jacksonville, FL, contact Hussein & Webber, PL for a free consultation. Our firm charges a flat attorney’s fee of $450.00* for all petitions (*excluding costs).

The procedures and eligibility requirements for sealing or expunging a criminal record in Florida are discussed in detail below.

What does it Mean to Seal or Expunge a Criminal Record in Jacksonville, FL?

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. Essentially, 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. Upon the sealing of your Florida criminal record, it will still be viewable by the person who is the subject of the record, to the person’s attorney, to criminal justice agencies for their respective criminal justice purposes (which include conducting a criminal history background check for approval of firearms purchases or transfers as authorized by state or federal law) and to judges in the state courts system for the purpose of assisting them in their case-related decision making responsibilities. Certain other entities can view the record upon making the appropriate requests.

Sealing in Florida is generally 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, Florida Statutes, the term “expunge” means that there is 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. The record will not be available to any person or entity except upon order of a court of competent jurisdiction.

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.

If My Jacksonville Florida Record is Sealed or Expunged, Do I Have to Disclose My Criminal or Arrest Record to Employers or Other Persons?

Generally, no. Under Sections 943.0585(4)(a) and 943.059(4)(a), Florida Statutes, a person whose Florida criminal record is sealed or expunged may lawfully deny or fail to acknowledge the arrests covered by the sealed record, unless the person:

Is a candidate for employment with a criminal justice agency;
Is a defendant in a criminal prosecution;
Concurrently or subsequently petitions for relief under this section or Section. 943.0585, Florida Statutes (petitioning for expunction of a record);
Is a candidate for admission to The Florida Bar;
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 or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly;
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;
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);
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;
Is seeking to change their immigration status.

What Are the Eligibility Requirements to Seal a Florida Criminal Record?

In order to qualify to have a criminal record sealed in Jacksonville, FL, the petitioner must establish that he or she:

Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b) (including Assault, Battery, Carrying a concealed weapon, Unlawful use of destructive devices or bombs, Negligent treatment of children, Assault or battery on a law enforcement officer, a firefighter, or other officer, Open carrying of a weapon, Exposure of sexual organs, Unlawful possession of a firearm, Petit theft, Cruelty to animals, Arson, and Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property);
Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains;
Has never secured a prior sealing or expunction of a criminal history record anywhere else;
Is eligible for such a sealing to the best of his or her knowledge or belief and does not have any other petition to seal or any petition to expunge pending before any court;
Has not committed any “disqualifying” offenses (see below);
Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity (probation, community control, etc)

What Are the Eligibility Requirements to Expunge a Florida Criminal Record?

In order to qualify to have a criminal record expunged in Jacksonville, FL, the petitioner must establish that he or she:

Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b) (see above);
Has not been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains.
Has never secured a prior sealing or expunction of a criminal history record (unless expunction is sought of a criminal history record previously sealed for 10 years and the record is otherwise eligible for expunction);
Is eligible for such an expunction to the best of his or her knowledge or belief and does not have any other petition to expunge or any petition to seal pending before any court.

Also, the petitioner must establish that:

No indictment, information, or other charging document was filed in the case, or the case was dismissed or nolle prosequi (nol prossed) by the state attorney, or was dismissed by a court of competent jurisdiction. Note: this prerequisite applies where the petitioner is seeking to immediately expunge his or her record. Where there is a plea of guilty or no contest to an offense, the petitioner may, under some circumstances, be eligible to expunge his or her record if adjudication was withheld in the case. However, the petitioner will have to wait ten years (after sealing the record) before having the record expunged.
None of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial;
He or she has not committed any “disqualifying” offense (discussed below);
Is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity (probation, community control, etc);

NOTE: Any charge, which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may not be expunged unless it has first been sealed for at least 10 years. See Section 943.0585(2)(h), Florida Statutes. Thus, if your case was not dismissed or dropped, you must wait the minimum period before having the record expunged. By contrast, a charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately, provided all charges related to the arrest were so disposed of, and the record is otherwise eligible as described above.

List of “Disqualifying” or Ineligible Offenses under Florida Law:

Under Sections 943.0585 and 943.059, Florida Statutes, the following persons are ineligible for sealing or expunging their Florida criminal records, without regard to whether adjudication was withheld. The petitioner will be disqualified, if, in connection with any of the listed offenses, he or she was found guilty or delinquent or pled guilty or nolo contendere to the offense.

Section 393.135, Florida Statutes- sexual misconduct with developmentally disabled person);
Section 394.4593, Florida Statutes- sexual misconduct between an employee and a mentally ill patient;
Section 787.025, Florida Statutes- luring or enticing a child;
Chapter 794, Florida Statutes- sexual battery;
Section 796.03, Florida Statutes- procuring a minor for prostitution;
Section 800.04, Florida Statutes- lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
Section 810.14, Florida Statutes- voyeurism;
Section 817.034, Florida Statutes- Florida Communications Fraud Act;
Section 825.1025, Florida Statutes- lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person;
Section 827.071, Florida Statutes- sexual performance by a child;
Chapter 839, Florida Statutes- criminal conduct by public employees and officials;
Section 847.0133, Florida Statutes- providing obscene material to minors;
Section 847.0135, Florida Statutes- computer pornography; traveling to meet minor;
Section 847.0145, Florida Statutes- selling or buying of minors;
Section 893.135, Florida Statutes- drug trafficking (controlled substances, including cannabis);
Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21;
Offenses specified in Section 907.041, Florida Statutes, including:

Arson;
Aggravated assault;
Aggravated battery;
Illegal use of explosives;
Child abuse or aggravated child abuse;
Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
Aircraft piracy;
Kidnapping;
Homicide;
Manslaughter;
Sexual battery;
Robbery;
Carjacking;
Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;
Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;
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.

Do All Pleas of No Contest or Guilty Disqualify a Person from Having a Record Expunged?

No. Even for criminal defense attorneys, this is a common misconception based on an incomplete reading of the statute. Under Section 943.0585(2)(h), Florida Statutes, a charge that resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may be expunged after it has been sealed for at least ten years (assuming all other eligibility requirements are met and the offense at issue was not a disqualifying type of offense). This is also the position taken by the Florida Department of Law Enforcement (FDLE), which issues the Certificate of Eligibility in a proceeding to seal or expunge a record.

What Are the Procedures to Seal or Expunge a Florida Criminal Record?

Hire a Jacksonville, FL Seal and Expunge Attorney to assist you with your case. The first step in the process is obtaining a certificate from the Florida Department of Law Enforcement that your Florida criminal record is in fact eligible for sealing or expunction. This is known as a “Certificate of Eligibility,” and it is a prerequisite to even initiate a petition. Next, your attorney files a petition to seal or expunge with the court that originally had jurisdiction over your case. The petition must properly state the legal and factual grounds for your request and must include an affidavit and a copy of the Certificate of Eligibility. Copies must be served on appropriate law enforcement agencies and on the prosecution.

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.

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.