Sealing and Expunging Criminal History Records in Florida

Sealing and Expunging Criminal History Records in Florida

Sealing and Expunging Criminal History Records in Florida by Daniel Lengea.

Sealing and Expunging Criminal History Records in Florida for all arrests that result in a dismissal or nolle prosequi (State drops case) prior to trial can be expunged so long as you have never been adjudicated guilty or delinquent for any other arrest. This means all prior arrests must have also been dropped or had adjudication withheld. The expungement process can begin immediately after your case is closed. Contact Daniel Lenghea to assist you in Sealing and Expunging Criminal History Records in Florida matter.

Sealing and Expunging Criminal History Records in Florida
Sealing and Expunging Criminal History Records in Florida

According to Florida law, you can legally deny or fail to acknowledge the arrests covered by the sealed or expunged record. However, YOU CANNOT DENY OR FAIL TO ACKNOWLEDGE THE ARREST if you are applying to change your immigration status, are a defendant in a criminal case or are seeking:

  • Employment with a criminal justice agency;
  • Employment or contract with, or license by the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
  • Employment or use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly;
  • Employment or access to a seaport;
  • Admission to The Florida Bar; or petitioning to seal or expunge.

If your criminal history record is ordered sealed you may lawfully deny the existence of the record, except when you are:

  1. Applying for a job with a criminal justice agency,
  2. A defendant in a criminal prosecution,
  3. Applying for another sealing or expunging,
  4. Applying for admission to the Florida Bar,
  5. Seeking employment or licensing by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or in a sensitive position having direct contact with children, the developmentally disabled, the aged or the elderly,
  6. Seeking employment or licensing with the Department of Education, any district school board, university laboratory school, charter school, any private or parochial school or any local governmental entity that licenses child care facilities,
  7. Attempting to purchase a firearm and are subject to a criminal history background check, and
  8. Seeking authorization from a Florida seaport for employment within or access to one or more seaports.

Sealing and expunging criminal history records in Florida availability:

Your sealed record is available only to you, your attorney, criminal justice agencies for their criminal justice purposes, judges in the state courts system for the purpose of assisting them in their case-related decision-making responsibilities, or any of the groups listed above when you apply for employment, licensing or access authorization.

When your criminal history record has been ordered expunged, it may be lawfully denied, with the exception of the same circumstances listed above (except number 7). A record that has been ordered expunged is to be physically destroyed or obliterated (except for the record held by FDLE) and is not available to anyone without a court order, even you.

Remember that Sealing and Expunging Criminal History Records in Florida–  are only permitted to have one criminal history record sealed or expunged in your lifetime, so make your choice carefully.

Talk with attorney Daniel Lenghea to assist you with your matter of Sealing and Expunging Criminal History Records in Florida at (305) 848-4700