Florida law allows you to seal or expunge one criminal arrest during your lifetime. If your charges were dropped or completely dismissed, you would want to expunge your record. If you pled ‘guilty’ or ‘no contest’ and adjudication was withheld, you would want to seal your record. Both expungement and sealing remove your information relating to your arrest from the clerks website and from all other public records. Call my office for any Orange or Seminole County sealing or expungement case so that I can:
- Review your criminal history;
- Determine if you are eligible for a sealing or expungement, and
- Start the process of clearing your record.
Should I Expunge or Seal My Arrest Record? Which One?
Expungement is the slightly better option if you are eligible. If your charges were completely dropped or dismissed then you want to expunge your record. If your charges weren’t dismissed and you received a withhold of adjudication then you would want to seal your record. If you are not certain of how your case resolved then you can run your own criminal history on the FDLE website for $25.00.
Expungement
The expungement process can take up to twelve months to obtain a court order requiring the clerk to physically destroy your court file and remove all information relating to your criminal charges from the clerk’s website. Additionally, the clerk is ordered to mail a certified copy of the judge’s expungement order to all interested parties such as the jail, arresting agency, State Attorney’s office ordering each agency to destroy all public records relating to your arrest.
Am I Eligible for an Expungment?
You are eligible to expunge your record if:
- Your charges were dropped, dismissed or you were acquitted at trial;
- You have never been previously adjudicated guilty of a criminal offense in the State of Florida, and
- You have not previously sealed or expunged your record.
Denying that You Were Ever Arrested
Expungement is a slightly better option than sealing if you are eligible. A case must be completely dismissed for it to be expunged. An expunged case allows you to lawfully deny the fact that you were ever arrested. There are eight exceptions to this rule. Further, all records relating to your arrest will be made nonpublic and won’t be accessible to any private employer. This includes the police report, court disposition and all other case information on the clerk’s website relating to your arrest and criminal charges.
Sealing Your Record
If you entered a plea and were sentenced, you may be eligible to seal your record. Sealing is virtually identical to an expungement as both processes remove all information relating to your arrest and prosecution from public record. The sealing process can take up to twelve months. In addition to being otherwise eligible to seal your arrest record the charge you seek to seal must not be listed in Florida Statue 943.0584 as crimes listed there are not eligible to be sealed. Further, when a case is sealed, there are ten instances when you must still disclose a sealed case.
Am I Eligible for a Sealing?
You are eligible to seal your record if:
- You were not adjudicated guilty of the charge;
- You are not on probation or any other form of supervision for the charge;
- The charge you want to seal is not listed in Florida Statue 943.0584;
- You have not been previously adjudicated guilty of any other criminal offense in the State of Florida, and
- You have not previously sealed or expunged your record.
Other Types of Expungements Under Florida Law
Administrative Expungement
Administrative expungement is a procedure that allows an innocent person who is illegally arrested or arrested in error to erase everything about the arrest or court case. This most commonly happens when the police arrest the wrong person. To qualify for an administrative expungement in Florida, you need a letter or written endorsement on official letterhead from the head of the arresting agency or the State Attorney’s Office, or an order by the court specifically finding that the arrest was unlawful or by mistake. An administrative expungement does NOT require the destruction of records by the arresting agency, will not seal court records and does not allow you to lawfully deny the arrest occurred.
Automatic Juvenile Expungement
The criminal history record of a minor maintained by FDLE will automatically be expunged when the child turns 21; or at the age of 26 if the child was committed to a juvenile corrections facility, as long as the child wasn’t charged or convicted of a forcible felony as either an adult or a juvenile in the adult criminal court.
Juvenile Diversion Program Expungement
A juvenile may petition the court to expunge the arrest record of a minor who successfully completed a diversionary program for a non-violent misdemeanor. Once expunged under Florida Statute 943.0582, the juvenile records will no longer appear on a background check. Additionally, a person who receives a Juvenile Diversion Expungement is not prevented from pursuing the sealing or expungement of a subsequently committed criminal offense under the traditional adult expungement statute.
Early Juvenile Expungement
A person who had a juvenile case, and is currently between the ages of 18 and 21 years old, may petition the court to expunge their records before they would be automatically expunged. Pursuant to Florida Statute 943.0515(1)(b)2, a juvenile must not have been charged by the state attorney with, or found to have committed any criminal offense, within the 5-year period before the application date.
Self-Defense Expungement
Under Florida Statue 943.0578, permits a person to apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate State Attorney certifies that the applicant acted in lawful self-defense consistent with the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charges were either not filed on, or were dropped by the State Attorney or dismissed by the court.
What Forms Do I Need To clear my record?
You will need several forms to seal or expunge your record. Below are some of the forms your will need:
- FDLE Application for Certificate of Eligibility for Expungement
- FDLE Application for Certificate of Eligibility for Sealing
- FDLE Approved Fingerprint Card
- FDLE Application for Early Juvenile Expungement
- Order to Seal Your Case
- Order to Expunge Your Case
Call My Orlando Expungement Law Firm at 407-740-7275
Any mark on your criminal record can jeopardize future employment and educational opportunities. Contact my sealing and expungement law firm in Winter Park, Orange County, Florida to discuss your sealing and expungement eligibility. Call 407-740-7275 to start the process now.
Florida law allows you to seal or expunge one criminal arrest during your lifetime. If your charges were dropped or completely dismissed, you would want to expunge your record. If you pled ‘guilty’ or ‘no contest’ and adjudication was withheld, you would want to seal your record. Both expungement and sealing remove your information relating to your arrest from the clerks website and from all other public records. Call my office for any Orange or Seminole County sealing or expungement case so that I can:
- Review your criminal history;
- Determine if you are eligible for a sealing or expungement, and
- Start the process of clearing your record.
Should I Expunge or Seal My Arrest Record? Which One?
Expungement is the slightly better option if you are eligible. If your charges were completely dropped or dismissed then you want to expunge your record. If your charges weren’t dismissed and you received a withhold of adjudication then you would want to seal your record. If you are not certain of how your case resolved then you can run your own criminal history on the FDLE website for $25.00.
Expungement
The expungement process can take up to twelve months to obtain a court order requiring the clerk to physically destroy your court file and remove all information relating to your criminal charges from the clerk’s website. Additionally, the clerk is ordered to mail a certified copy of the judge’s expungement order to all interested parties such as the jail, arresting agency, State Attorney’s office ordering each agency to destroy all public records relating to your arrest.
Am I Eligible for an Expungment?
You are eligible to expunge your record if:
- Your charges were dropped, dismissed or you were acquitted at trial;
- You have never been previously adjudicated guilty of a criminal offense in the State of Florida, and
- You have not previously sealed or expunged your record.
Denying that You Were Ever Arrested
Expungement is a slightly better option than sealing if you are eligible. A case must be completely dismissed for it to be expunged. An expunged case allows you to lawfully deny the fact that you were ever arrested. There are eight exceptions to this rule. Further, all records relating to your arrest will be made nonpublic and won’t be accessible to any private employer. This includes the police report, court disposition and all other case information on the clerk’s website relating to your arrest and criminal charges.
Sealing Your Record
If you entered a plea and were sentenced, you may be eligible to seal your record. Sealing is virtually identical to an expungement as both processes remove all information relating to your arrest and prosecution from public record. The sealing process can take up to twelve months. In addition to being otherwise eligible to seal your arrest record the charge you seek to seal must not be listed in Florida Statue 943.0584 as crimes listed there are not eligible to be sealed. Further, when a case is sealed, there are ten instances when you must still disclose a sealed case.
Am I Eligible for a Sealing?
You are eligible to seal your record if:
- You were not adjudicated guilty of the charge;
- You are not on probation or any other form of supervision for the charge;
- The charge you want to seal is not listed in Florida Statue 943.0584;
- You have not been previously adjudicated guilty of any other criminal offense in the State of Florida, and
- You have not previously sealed or expunged your record.
Other Types of Expungements Under Florida Law
Administrative Expungement
Administrative expungement is a procedure that allows an innocent person who is illegally arrested or arrested in error to erase everything about the arrest or court case. This most commonly happens when the police arrest the wrong person. To qualify for an administrative expungement in Florida, you need a letter or written endorsement on official letterhead from the head of the arresting agency or the State Attorney’s Office, or an order by the court specifically finding that the arrest was unlawful or by mistake. An administrative expungement does NOT require the destruction of records by the arresting agency, will not seal court records and does not allow you to lawfully deny the arrest occurred.
Automatic Juvenile Expungement
The criminal history record of a minor maintained by FDLE will automatically be expunged when the child turns 21; or at the age of 26 if the child was committed to a juvenile corrections facility, as long as the child wasn’t charged or convicted of a forcible felony as either an adult or a juvenile in the adult criminal court.
Juvenile Diversion Program Expungement
A juvenile may petition the court to expunge the arrest record of a minor who successfully completed a diversionary program for a non-violent misdemeanor. Once expunged under Florida Statute 943.0582, the juvenile records will no longer appear on a background check. Additionally, a person who receives a Juvenile Diversion Expungement is not prevented from pursuing the sealing or expungement of a subsequently committed criminal offense under the traditional adult expungement statute.
Early Juvenile Expungement
A person who had a juvenile case, and is currently between the ages of 18 and 21 years old, may petition the court to expunge their records before they would be automatically expunged. Pursuant to Florida Statute 943.0515(1)(b)2, a juvenile must not have been charged by the state attorney with, or found to have committed any criminal offense, within the 5-year period before the application date.
Self-Defense Expungement
Under Florida Statue 943.0578, permits a person to apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate State Attorney certifies that the applicant acted in lawful self-defense consistent with the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charges were either not filed on, or were dropped by the State Attorney or dismissed by the court.
What Forms Do I Need To clear my record?
You will need several forms to seal or expunge your record. Below are some of the forms your will need:
- FDLE Application for Certificate of Eligibility for Expungement
- FDLE Application for Certificate of Eligibility for Sealing
- FDLE Approved Fingerprint Card
- FDLE Application for Early Juvenile Expungement
- Order to Seal Your Case
- Order to Expunge Your Case
Call My Orlando Expungement Law Firm at 407-740-7275
Any mark on your criminal record can jeopardize future employment and educational opportunities. Contact my sealing and expungement law firm in Winter Park, Orange County, Florida to discuss your sealing and expungement eligibility. Call 407-740-7275 to start the process now.
