A criminal record can have lasting effects on your employment, housing, and personal relationships, often lingering even after legal issues are resolved. In Florida, eligible individuals can pursue sealing or expungement of their records, but the process is complex and time-sensitive.
This guide details the steps for expungement and sealing in Florida, including eligibility requirements and necessary documentation. For more expert insights, check out this ultimate guide to the Florida expungement process.
What Does It Mean to Seal or Expunge a Record in Florida?
In Florida, there are two primary forms of post-conviction relief:
- Expungement: When a record is expunged, it is legally destroyed and becomes inaccessible to the majority of entities, including government agencies, with certain limited exceptions (e.g., for law enforcement and certain legal proceedings). This option effectively erases the record from public view.
- Sealing: When a record is sealed, it is maintained but rendered confidential, meaning it is removed from public access. Private employers and landlords, for instance, cannot view sealed records during background checks. However, the record remains on file with certain state agencies, which can access it under specific circumstances.
Both options provide significant relief, but the eligibility requirements are stringent, and typically, only one action can be taken in an individual’s lifetime.
Are You Eligible for Expungement or Sealing?
Understanding your eligibility is the crucial first step in this process. The general criteria for sealing or expunging a criminal record in Florida include:
- You must not have any prior adjudications of guilt for any criminal offense.
- The offense you wish to seal or expunge cannot be on the list of disqualifying crimes, which typically includes serious offenses such as certain violent crimes, sexual offenses, and firearm-related charges.
- You are limited to petitioning for the sealing or expungement of only one criminal case in your lifetime, although some exceptions exist for specific circumstances.
The initial step in the process is to apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. This certificate is a prerequisite to filing a court petition and confirms whether you meet the eligibility requirements.
Step-by-Step Process to Clear Your Record
Getting your criminal record expunged can significantly impact your future opportunities and personal growth. It is essential to understand the process involved and follow each step carefully to ensure successful expungement or sealing of your records.
1. Request a Certified Disposition
Obtain certified copies of the final court disposition for the case you wish to seal or expunge. This documentation serves as proof of the resolution of your case.
2. Apply for a Certificate of Eligibility
Complete and submit your application to the FDLE, which includes your fingerprint card and the requisite processing fee. This application must be thorough and accurate to avoid delays.
3. File Your Petition in the Appropriate Court
Once you receive your Certificate of Eligibility, you will need to file a formal petition along with supporting documents in the circuit court where your case was originally handled. It’s critical to ensure that your submission is complete and complies with local court rules.
4. Wait for Court Review and Final Order
After filing your petition, the state attorney may review your case and could potentially file an objection to your request. The judge may require a hearing to decide on your petition. If your petition is granted, the court will issue an order directing the appropriate agencies to seal or destroy your records.
Mistakes That Can Derail the Process
Filing for the incorrect type of relief (e.g., seeking sealing when expungement is necessary).
Applying before your case is eligible (for instance, while any probation is still active).
Submitting incomplete or erroneous documents to the FDLE.
Attempting to seal a case that has resulted in a guilty adjudication which is not permissible.
To navigate these potential pitfalls effectively and streamline your petition process, consider hiring a qualified expungement attorney with experience in Florida law.
Bottom Line
As background checks become more common in employment, housing applications, and even educational opportunities, having a criminal record can create hidden barriers that limit your potential. Taking steps to clear your record is often one of the most empowering legal actions you can take.
To assess your eligibility, estimate your timeline, and understand local filing requirements, refer to this guide to help brighten your career path.
Source: ErasetheCase.com
