Record Sealing and Expunctions are a valuable tool that the legislature has made available for first time offenders under very limited circumstances. This is a way to seal or hide your record from the general public. There are exceptions (below). If you are interested in sealing or expunging your criminal record and believe you qualify after reviewing the information below contact us and the qualified attorneys at the Ferraro Law Group will assist you in the process.
Record Sealing and Expunction Eligibility
To be eligible, for a record sealing or expunction, you must meet the minimum criterion:
1. Never been convicted of any crime. You can only expunge a case that was dropped, that you received a Not Guilty or that was otherwise discharged, or that was sealed at least 10 years ago. You can only seal if you received a withhold of adjudication. if you were convicted, you are not eligible.
2. Never had any case previously sealed or expunged (you get one chance). If you have multiple cases that are all related in time and subject matter, you may possibly seal or expunge them all if otherwise eligible.
Record Sealing and Expunction Ineligibility
Pursuant to Sections s.943.059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances:
- The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.
- The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains.
- The criminal history record reflects that you have received a prior sealing or expunction of a criminal history record under s. 943.0585, s. 943.059, former s. 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.
- The criminal history record to which the application pertains relates to a violation of s. 787.025, chapter 794, s. 796.03, s. 800.04, s. 817.034, s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135, 847.0145, s. 893.135, or a violation enumerated in s. 907.041, with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).
- The criminal history record reflects that you have another petition to seal or expunge pending before a court or competent jurisdiction.
- The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.
- [For expunction only] The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication. If no other disqualification applies, the record would be eligible to be sealed.
PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared on June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to Sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is otherwise ineligible for the sealing or expunging of the person’s criminal history record.
DISQUALIFYING CHARGES FOR EXPUNCTION/SEALING
A request for an expunction or sealing of a criminal history record, will be denied if the Defendant was found guilty or pled guilty or nolo contendre, even if the adjudication of guilt was withheld, on any violation of the following:
As enumerated in Statute 907.041
“Dangerous crimes” means any of the following:
- Arson, as defined in s. 806.01, F.S.
- Aggravated Assault, as defined in s. 784.021, F.S.
- Aggravated Battery, as defined in s.784.045, F.S.
- Illegal use of explosives, as defined in s. 790.001(5), F.S.
- Child Abuse, as defined in s. 827, F.S.
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Hijacking, as defined in s. 860.16, F.S.
- Kidnapping, as defined in Chapter 787, F.S.
- Homocide, as defined in Chapter 782, F.S.
- Manslaughter, as defined in s. 782.07, F.S.
- Sexual Battery, as defined in Chapter 794, F.S.
- Robbery, as defined in s. 812.13, F.S.
- Carjacking, as defined in s. 812.133, F.S.
- Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years, as defined in s. 800.04, F.S.
- 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 a person in familial or custodial authority, as defined in s. 827.071, F.S.
- Burglary of a dwelling, as defined in s. 810.02, F.S.
- Stalking and Aggravated Stalking, as defined in s. 784.048, F.S.
- Act of Domestic Violence, as defined in s. 741.28, F.S.
- Attempting or conspiring to commit any such crime, as defined in s. 777.04, F.S.
- Home-invasion robbery, as defined in s. 812.135, F.S.
S. 787.025, F.S.
Luring or enticing a child
Procuring a person under 18 for prostitution
Florida Communication Fraud Act
(Scheme to Defraud or Organized fraud, as defined in s. 817.034, F.S.
Lewd or lascivious offense upon or in presence of elderly person or disabled adult.
Chapter 839, F.S.
Offenses by Public Officers and Employees
S. 847.0133, F.S.
Showing, etc., obscene literature to minor
Selling or buying of minors
Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
- All references are from Florida Statutes