Call the Florida expungement attorneys at Bottari & Doyle to get your arrest record sealed or expunged. A criminal record expungement occurs when a judge orders every law enforcement agency to physically destroy your arrest record. Only the Florida Department of Law Enforcement can keep a copy of your arrest record. A criminal lawyer is the type of attorney who handles expungements.
You may be eligible for a criminal record expungement if:
- (1) The charges that you want expunged were dismissed.
- (2) You have never previously sealed or expunged a prior offense.
- (3) Have never been adjudicated guilty of a criminal offense.
- (4) Have never been adjudicated delinquent for committing any felony or misdemeanor specified in Florida Statute 943.051(3)(b).
- (5) Have never been adjudicated guilty of any acts stemming from the arrest, or alleged criminal activity.
- (6) Have never previously sealed or expunged any other offense, unless the expunction is sought after 10 years for a previously sealed offense.
- (7) Have not entered a plea (even if adjudication was withheld) to any disqualifying offense.
- (8) Not be under court supervision for the particular arrest. (Including Diversion).
What Is the Effect of a Criminal Record Expungement?
An expungement results in the physical destruction of your arrest record. This prevents the public from viewing your criminal arrest record. A person who has their criminal history record expunged may lawfully deny or fail to acknowledge the arrests covered by the expunged record.
However, a person must disclose the expunged arrests when he or she is:
- (1) A candidate for employment with a criminal justice agency
- (2) A defendant in a criminal prosecution
- (3) Concurrently or subsequently petitions for relief under this section
- (4) A candidate for admission to the Florida Bar
- (5) Seeking to be employed or licensed by or to contract with:
- (a) Department of Children and Family Services
- (b) The Agency for Health Care Administration
- (c) The Agency for Persons With Disabilities
- (d) Department of Juvenile Justice
- (e) 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.
- (f) The Department of Education, any district school board, any university laboratory, any charter school, any private or parochial school, or any local government entity that licenses childcare facilities
- (g) Seeks authorization from a seaport for employment within or access to one or more of such seaports.
Criminal Record Sealing in Florida
A criminal record sealing prevents criminal justice agencies from disclosing the arrest and/or conviction to the public. Unlike an expungement, a sealing does not result in a physical destruction of the record. However, when a criminal record is sealed, a law enforcement agency cannot disclose that you were arrested or received a withhold of adjudication. When a record is “sealed”, like a letter in an envelope, the contents cannot be revealed absent certain exceptions.
You may be eligible to seal your record if:
- (1) You have never been previously convicted of a crime.
- (2) You have never been adjudicated delinquent for committing any felony or misdemeanor specified in Florida Statute 943.051(3)(b).
- (3) The arrest or charge that you are seeking to seal resulted in a dismissal or withhold of adjudication.
- (4) You have never previously sealed or expunged a criminal record.
What Is the Effect of a Criminal Record Sealing?
A sealing prevents law enforcement agencies from disclosing your arrest and/or conviction to the public. This prevents the public from viewing your criminal arrest record. A person who has their criminal history record sealed may lawfully deny or fail to acknowledge the arrests/conviction covered by the sealed record.
However, a person must disclose the sealed record when he or she is:
- (1) A candidate for employment with a criminal justice agency
- (2) A defendant in a criminal prosecution
- (3) Concurrently or subsequently petitions for relief under this section
- (4) A candidate for admission to the Florida Bar
- (5) Seeking to be employed or licensed by or to contract with:
- Department of Children and Family Services, The Agency for Health Care Administration, The Agency for Persons With Disabilities
Department of Juvenile Justice, 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, The Department of Education, any district school board, any university laboratory, any charter school, any private or parochial school, or any local government entity that licenses child care facilities, Seeks authorization from a seaport for employment within or access to one or more of such seaports.
- Department of Children and Family Services, The Agency for Health Care Administration, The Agency for Persons With Disabilities
Ineligible Offenses for Expungement in Florida
Florida Statutes 943.0585 and 943.059 preclude the sealing or expungement for certain offenses. These offenses are:
- 1) Sexual misconduct with a developmentally disabled person
- 2) Sexual misconduct between an employee and a mentally ill patient
- 3) Luring or Enticing a Child
- 4) Sexual Battery
- 5) Procuring a Minor for Prostitution
- 6) Lewd or Lascivious Offenses Committed Upon or in the Presence of Someone 16 or younger.
- 7) Voyeurism
- 8) Florida Communications Fraud Act
- 9) Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly Person
- 10) Sexual Performance By a Child
- 11) Criminal Conduct By Public Employees and Officials
- 12) Providing Obscene Materials to Minors
- 13) Computer Pornography
- 14) Travelling to Meet a Minor
- 15) Selling or Buying Minors
- 16) Drug Trafficking
- 17) Any Offenses Specific In Florida Statute 907.041.
FREE Florida Record Expungement consultation at (561) 588-2781 with an Experienced Delray Beach Expungement Lawyer. Erase the Past – Call Today!
