If you were arrested but not convicted of a crime, your record may be eligible for sealing or expungement in Florida. You cannot expunge or seal your Florida record if you have ever been convicted of a crime.
What’s the Difference Between Sealing and Expungement?
The main difference between sealing and expungement is that when records are sealed, they still exist; however, the public cannot view them. Most government agencies can still have access to them. With expungement, your criminal record is destroyed; however, some government entities, like the FBI, still have knowledge that a record existed.
A Petition to Seal
If a court withheld adjudication, or if you were acquitted at a trial, you may be eligible to file a petition to seal. However, this does depend upon the offense. Certain offenses are ineligible and may disqualify you from filing the petition. You also cannot have any other convictions on your record or have had any other cases expunged or sealed.
A Petition to Expunge
If you were arrested and the charges were dismissed by the State before the trial, you may be eligible to file a petition for expungement. However, this does depend upon the offense. Certain offenses are ineligible and may disqualify you from filing the petition. You also cannot have any other convictions on your record or have had any other cases expunged or sealed.
In both cases, you file for a Certificate of Eligibility with the Florida Department of Law Enforcement. Once you receive the clearance, you must file for your petition in the county in which the offense occurred. It is a lengthy process, ranging anywhere from 8 months to a year.
It is also important to note that if you are successful at obtaining a record seal or expungement, there are certain situations that require disclosure of the record, even if your record was sealed or expunged. These include: if you are seeking employment with law enforcement, the Department of Education, or the Department of Children and Family Services, if you are seeking admission to the Florida Bar, if you are purchasing a firearm, or if you are applying for a concealed carry license.
It is also important to note that the order to seal or expunge only applies to government entities. There may be private companies that may have purchased your mugshot or arrest record. The order of the court to seal or expunge will not automatically apply to these private entities. To get any of this privately held information off of the Internet may require further civil legal action.
If you would like to learn more about whether your case is eligible for case expunction or would like to file a petition to seal or expunge your record, contact our team at Heather Bryan Law Firm today.
Heather Bryan Law, P.A.
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