Sealing or Expunging a Criminal Record in Florida

Florida law provides a process by which certain criminal records may be sealed or expunged. These are distinct legal remedies with different effects on how a record is treated. Eligibility requirements, procedural steps, and the scope of relief differ between the two.

The Difference Between Sealing and Expungement

When a criminal record is sealed, it is removed from public access. The record continues to exist and may be accessed by certain government agencies, criminal justice agencies, and in specific circumstances defined by law. A sealed record does not appear in standard background checks conducted by private employers.

When a criminal record is expunged, the physical and electronic records are destroyed or obliterated by the agencies that hold them, to the extent required by law. An expunged record provides broader relief than a sealed record, but it does not erase the record from all government databases. Certain agencies retain the ability to access expunged records for defined purposes.

Under Florida Statute 943.0585, a person whose record has been expunged may lawfully deny or fail to acknowledge the arrest in most circumstances. The same applies under Florida Statute 943.059 for sealed records, subject to specific exceptions.

Eligibility Requirements

Eligibility for sealing or expungement in Florida is governed by Florida Statutes 943.059 and 943.0585. Key eligibility criteria include:

• The person must not have been adjudicated guilty of the offense being sealed or expunged, nor of any other criminal offense
• The person must not have a prior sealed or expunged record in Florida or any other jurisdiction
• The offense must not be one of the disqualifying offenses listed in Florida Statute 943.0584, which includes most violent felonies, sex offenses, and certain drug trafficking offenses
• The case must have resulted in a withhold of adjudication, a nolle prosequi (charges dropped), or a dismissal

Florida law does not allow expungement of records where the person was adjudicated guilty, even for a lesser included offense.

Certificate of Eligibility

Before filing a petition with the court, an applicant must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This step is required by law and is the first stage of the process.

The application to FDLE includes a certified disposition of the case, a statement of eligibility, and a processing fee established by statute. FDLE reviews the application and, if the applicant meets the statutory criteria, issues a Certificate of Eligibility. If FDLE denies the application, the denial may be appealed through an administrative hearing process.

Court Petition Process

Once a Certificate of Eligibility is obtained, the applicant files a petition for sealing or expungement with the circuit court in the county where the arrest occurred. In Indian River County, this petition is filed with the 19th Judicial Circuit Court.

The petition must be served on the state attorney’s office, which has the opportunity to object. A hearing may be scheduled, or the court may rule on the petition without a hearing depending on the local procedures and whether any objection has been filed.

If the court grants the petition, it issues an order directing the relevant law enforcement agencies, the clerk of court, and other entities to seal or expunge the record as required by Florida law. Compliance with the order is the responsibility of each agency that holds the record.

Limitations on Relief

Sealing or expunging a record does not restore all civil rights. Depending on the underlying offense and the nature of the proceeding, certain consequences of the arrest or charge may persist regardless of sealing or expungement. These may include federal background check disclosures, professional licensing inquiries, and immigration-related consequences.

Florida law also limits each person to one sealing or expungement in their lifetime, with limited exceptions.

Right to Legal Representation

Florida law provides individuals the right to legal representation in criminal proceedings, including proceedings related to sealing or expunging a criminal record. An attorney can assist with determining eligibility, preparing the Certificate of Eligibility application, and filing the court petition.

Contacting a Criminal Defense Attorney

Florida law provides individuals the right to legal representation when facing criminal charges. Anyone seeking information about sealing or expunging a criminal record in Indian River County or the Treasure Coast area may contact a qualified criminal defense attorney to discuss their situation and legal rights.

To speak with a criminal defense attorney in Vero Beach, call 772-WIN-CASE or send an email inquiry.