Having a criminal record can negatively impact every aspect of your life, even if you were never convicted of the offense. You may be disqualified for employment, denied housing, or found ineligible for admission to higher education programs.
If your criminal record is eligible, however, you may be able to have the record expunged. Attorney Jonathan Rose can help you through the expungement process. He understands how a criminal record can impact your life and is committed to helping you expunge your criminal record so you can move on with your life.
What Is an Administrative Expungement in Florida?
If you were arrested unlawfully or by mistake, you may qualify for an administrative expungement under Florida Statute, Section 943.0581. Both juveniles and adults who were arrested unlawfully or by mistake qualify for this type of expungement.
An application for administrative expungement may be made by a law enforcement agency, the person arrested, or the parent/guardian of a juvenile. However, if the arrestee or legal guardian of the arrestee applies, the law enforcement agency involved must support the application.
What Is the Difference Between Sealing and Expunging a Criminal Record in Florida?
Although people commonly use the words “seal” and “expunge” as though they are interchangeable, they are not defined the same for legal purposes. In other words, sealing a criminal record is not the same as expunging a criminal record in the State of Florida.
Florida Statute 943.045(19) defines the sealing of a criminal record as “the preservation of a record under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the record or the information contained and preserved therein.”
Florida Statute 943.045(16) defines expunction of a criminal record as “the court-ordered physical destruction or obliteration of a record or portion of a record by any criminal justice agency having custody thereof, or as prescribed by the court issuing the order, except that criminal history records in the custody of the department must be retained in all cases for purposes of evaluating subsequent requests by the subject of the record for sealing or expunction, or for purposes of recreating the record in the event an order to expunge is vacated by a court of competent jurisdiction.”
In practical terms, this means that when a criminal record is sealed the record still exists. It is not accessible to the general public; however, it remains accessible to certain government agencies and courts.
An expunged criminal record, on the other hand, is not accessible to most of the people/entities that would have access to a sealed record. Instead, those people/entities may only be informed that a record has been expunged without receiving any additional information.
Is My Criminal Record Eligible for Expungement or Sealing?
If you want a criminal record to be expunged in Florida, the first step is to determine if that record is eligible for expungement or sealing. A criminal record may be eligible for expungement or sealing if:
- Charges were not filed in the case related to the criminal history record
- Charges were filed but later dismissed by the prosecutor or the court OR you were ultimately found not guilty by a judge or jury.
- You have never before had a criminal record sealed or expunged.
- You do not have another application to seal/expunge a criminal record pending.
In addition, there is a list of criminal offenses that cannot be expunged even if adjudication was withheld, meaning you were not convicted of the offense. A complete list of offenses that are ineligible for expungement or sealing can be found in Florida Statute Section 943.0584.
Furthermore, you are ineligible to have a criminal record expunged if you were adjudicated guilty (convicted) or delinquent (if you were a minor) in the State of Florida for committing any felony or for committing any of the misdemeanor offenses included in Section 943.0584 unless the record or adjudication has been expunged.
How Do I Get a Criminal Record Expunged in Florida?
If the criminal record in question is potentially eligible for expungement, you must apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. As the name implies, this is essentially a letter stating that the criminal record meets the statutory requirements and is eligible to be expunged. However, receiving a Certificate of Eligibility does not mean a record has been expunged, nor is it a guarantee that a record will be expunged.
After receiving the Certificate of Eligibility, you must file a petition in the court having jurisdiction over the arrest along with the Certificate of Eligibility. Ultimately, a judge must approve the expungement and officially order the record expunged. It is important to understand that a criminal record remains accessible until you receive an Order from the court granting the petition to expunge your record.
A Caveat for Professionals
A sealing or expungement for licensed healthcare practitioners and other licensed professionals in Florida is more complicated. Many license and renewal applications require professionals to disclose even sealed or expunged convictions. The Florida Bar, the Florida Department of Health, and other agencies have access to the FDLE’s database of criminal records, which contains an electronic record of any arrest by a state agency in Florida, even after a sealing or expungement. As such, even sealed or expunged convictions must be disclosed in professional applications in many circumstances.
An Experienced Expungement Lawyer Can Help Get Your Florida Criminal Record Expunged
In the State of Florida, the eligibility criteria for expunging a criminal record can be hard to understand, and the process for petitioning for expungement can be confusing. Having an experienced Florida expungement attorney on your side can help you navigate the entire process successfully and get your record expunged.
Attorney Jonathan Rose has more than twenty years of experience representing clients who are facing criminal charges or professional disciplinary proceedings. As a former prosecutor and as a defense attorney, he has the experience, knowledge and skills you need to protect your interests and get your record expunged. As a former marine, he has the tenacity and commitment to justice you want fighting for your future.
For the experience and commitment you want to get your Florida criminal record expunged, contact Attorney Jonathan Rose today at 407-894-4555 or by submitting the “Tell Us What Happened” form on our website.