Sealing and Expungement
Sealing a criminal record in Florida makes it confidential, restricting public access while the government still maintains the record. This differs from expungement, where the record is destroyed or removed from public access entirely, making it as though the incident never occurred. Expungement provides more complete relief by fully eliminating the record, whereas sealing limits access but retains the record within certain agencies. Both processes offer ways to protect your criminal history information from public view.
Table of Contents
SEALING
SEALINGEligibilityWaiting PeriodApplication ProcessEffect of SealingEXPUNGEMENT
EXPUNGEMENTEligibilityApplication ProcessEffect of ExpungementCivil Rights RestorationSEALING
Sealing a criminal record in Florida refers to the legal process by which certain criminal records are made confidential and no longer accessible to the general public. When a record is sealed, the government still maintains it, but it is not readily available for public view. Sealing a record is different from expunging a record, but both processes involve restricting public access to criminal history information.
Eligibility
Not all criminal records are eligible for sealing. Generally, individuals who have been adjudicated guilty (convicted) or have received a withhold of adjudication for certain offenses may be eligible to have their records sealed. However, there are exceptions, and some offenses, such as violent crimes and sexual offenses, may not be eligible for sealing. For a list of charges that are ineligible for sealing, see F.S. 943.059.
Waiting Period
There is typically a waiting period before a person becomes eligible to apply for record sealing. This period depends on the type of offense and whether the individual has completed all the requirements of their sentence, including probation.
Application Process
To have a criminal record sealed, an individual must first file a petition with the Florida Department of Law Enforcement, requesting a letter stating that they are eligible for sealing. Once the individual receives the eligibility letter, an attorney will file a motion with the court in the jurisdiction where the case was handled. After reviewing the motion, the judge will determine whether to enter an order directing the Clerk of Court to seal the record.
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EXPUNGEMENT
Expunging a criminal record in Florida involves the legal process of having certain criminal records destroyed or obliterated. When a record is expunged, it is as though the criminal incident never occurred, and the information is removed from public access. Expungement offers more complete relief than sealing a record.
Eligibility
Not all criminal records are eligible for expungement. Generally, individuals who were arrested but not convicted, or who had their charges dismissed, may be eligible to apply for expungement. Certain offenses, such as those involving violence or sexual misconduct, may not be eligible for expungement. For a list of charges that cannot be expunged, see F.S. 943.0585.
Application Process
To have a criminal record expunged, an individual must first file a petition with the Florida Department of Law Enforcement, requesting a letter stating that they are eligible for expungement. Once the individual receives the eligibility letter, an attorney will file a motion with the court in the jurisdiction where the case was handled. After reviewing the motion, the judge will determine whether to enter an order directing the arresting agency and the Clerk of Court to expunge the record.
Effect of Expungement
Once a record is expunged, it is destroyed or obliterated, and the information is removed from public access. Expunged records are not visible to the public, including on background checks. However, certain entities, such as law enforcement agencies and specific government agencies, may still have access to expunged records under certain circumstances. For a list of agencies that can still access an expunged record, see F.S. 943.0585.
Civil Rights Restoration
Expunging a record does not automatically restore civil rights, such as the right to vote. Individuals seeking the restoration of civil rights may need to pursue a separate process, such as clemency.
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If you have questions about the resolution of your criminal case, contact attorney Madison Howeller today at 386-846-6043. Consultations are always free.
The information on this site is for educational purposes only and is not to be construed as legal advice. If you have questions about a criminal case, please contact an attorney.