Do I qualify for records sealing or expungement? How do I seal or expunge my criminal records in Florida?
Let’s review, how you may be eligible to clear your criminal records in Florida. Clearing criminal records or expungement of your criminal records in Florida is something the Ohle & Ohle law firm specializes in.
A lot of people like you get frustrated at being rejected for a job or not being qualified to rent an apartment or home in Florida, because their background check came back with old criminal records. Ohle Law can help you clear those criminal background checks!
To seal or expunge your criminal records in Florida, you’ll need to follow a multi-step process.
Before proceeding, ensure you meet the eligibility criteria:
Watch (attorney) Michael Ohle explain this process in the video . . .
You qualify for a record sealing if . . .
- You never sealed/expunged a record before.
- You are not currently under court supervision (probation, community control)
- You did not receive a withhold of adjudication of finding of guilty to the crimes listed in the limitations section.
- You have not been adjudicated guilty of a misdemeanor, felony, or municipal ordinance violation.
You must reveal your record, regardless of a sealing or expungement in the following situations:
CRIMES THAT CANNOT BE SEALED OR EXPUNGED
(if you entered a guilty plea or found guilty at trial)
INCLUDE:
1. F.S. 827.071 – Sexual performance by a child.
2. F.S. 825.1025 – Lewd or lascivious offenses committed upon or in the presence of a minor or disabled adult.
3. F.S. 787.025 – Luring or enticing a child.
4. Chapter 794 – Sexual battery.
5. F.S. 796.03 – Procuring person under 18 for prostitution.
6. F.S. 817.034 – Violations of the Florida communications act.
7. F.S. 800.04 – Lewd or lascivious offenses committed upon or in the presence of a minor less than 16 years of age.
8. F.S. 847.0135 – Computer pornography.
9. F.S. 839. – Offenses by public officers and employees.
10. F.S. 893.135 – Drug trafficking (not mere possession)
11. F.S. 806.01 – Arson.
12. F.S. 790.001 – Illegal use of explosives.
13. Kidnapping.
14. Murder.
15. F.S. 782.07 – Manslaughter.
16. F.S. 907.041 – Violations of pretrial, detention or release.
17. F.S. 810.02 – Burglary.
18. F.S. 741.28 – Violence.
19. Most sex crimes.
Adjudicated/Adjudication:
You were either found guilty by the court or plead guilty to the court.
* As far as sealing/expungement is concerned you are ineligible.
* Under these circumstances you may be eligible for a federal or state pardon of your offense.
Withhold/Withhold of Adjudication:
You were not convicted of the offense by the court. You may be eligible for sealing if your crime is not listed in the limitations section.
Dismissal:
The court or state attorney dismissed your case. You may be eligible to expunge your offense.
Nolle Prosse:
The state attorney dropped your charged offenses. You may be able to expunge your offense.
Not Guilty:
Congratulations. You may expunge your record.
Fort Pierce Expungement Lawyer
Been convicted of a felony? We may be able to remove it from your record.
If a conviction on your record is plaguing your life, there might be a way to make it disappear. Call a Fort Pierce expungement attorney to learn your best options for your unique case.
Pursuant to Sections s. 943.0585 and s. 943.059, Florida Statutes, a Certificate of Eligibility or seal of a criminal history record cannot be issued under any of the following circumstances:
- The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended / canceled / revoked.
- The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity.
- The criminal history record reflects that you have received a prior record sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.
- The criminal history record to which the application pertains relates to a violation of s.393.135, s.394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.04, s.817.034, s. 825.1025, s. 827.071, chapter 839, s847.0133, s.847.0135, s. 847.0145, s.893.135, s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).
- The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction.
- The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.
- (For Expunction only) The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, if no other disqualification applies, the record would be eligible to be sealed.
PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is ineligible for the sealing or expunging of the person’s criminal history.
In Florida, sealed records can be accessed by certain entities, including:
- Law enforcement: Police, prosecutors, and criminal courts can access sealed records if you commit a crime after the record is sealed
- Judicial system: The judicial system can access sealed records
- Government agencies: Certain governmental agencies, including the Department of Children and Family Services, the Department of Health, and the Department of Education, can access sealed records
- Federal organizations: Federal organizations can access sealed records
- Licensing boards: Some licensing boards can access sealed records
- Florida judges: Florida judges can access sealed records online
- Private companies: Private companies that purchase information from the state or counties may have access to sealed records
Sealed records are inaccessible to the general public. However, a court can order records to be unsealed.
A record can be sealed if adjudication was withheld, but it cannot be sealed if the defendant was convicted.
Q & A | Records Sealing and Expungements
In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses. But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged.
Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
Both sealing and expunging criminal records allow you the opportunity to deny the arrest ever occurred. In both instances, these records are no longer available to the public. Expunged records are physically destroyed. Sealed records are hidden from public view.
If your records are sealed, there are limited situations where your sealed criminal arrest, charges, and conviction may be seen and used against you. This includes: Police searches. Applying for firearm ownership and a carry permit.
Expungement results in the physical destruction of a criminal record, making it inaccessible to the public and most government agencies. Sealing a record hides it from public view but does not destroy it, allowing certain government entities access under specific conditions.
While most background checks may not reveal sealed records, a Level 2 background check can access these under certain circumstances. Sealed records might still be visible for specific roles that require a higher level of scrutiny, such as federal positions or jobs involving national security.
Sealed records are not accessible to the general public and should not show up on most background checks. However, certain entities, such as law enforcement agencies, may still access sealed records under specific circumstances.
Expungement vs Sealing: Disclosure Requirements
Specifically, if you have a sealed record, you must disclose it when purchasing a firearm or applying for a concealed carry permit. Conversely, if your record has been expunged, you are not obliged to reveal it under these same circumstances.
Background Information Includes: Criminal report, sex offender check, lawsuits, judgments, liens, bankruptcies, home value & property ownership, 30 year address history, relatives & associates, neighbors, marriage records, and more.
How can I obtain a Criminal Background | Record Check?
State of Florida Criminal History Record Check
The Florida Department of Law Enforcement (FDLE), Division of Criminal Justice Information Services (CJIS), is the central repository for criminal history information for the state of Florida. In addition to maintaining criminal history information, it is our responsibility to provide public access to this information when requested. In order to maintain the highest level of service, and to better meet the needs of criminal history record check customers, Florida’s Legislature has implemented criminal history record check fees. The fee for public requests is $24.00 | Criminal Background Check Here.