Whether you live in Tampa or Clearwater, Hillsborough or Pinellas, the rules for sealing or expunging criminal records are the same throughout the state of Florida regardless of your location. What does affect sealing or expunging a criminal record in Florida, however, is the end result of the criminal case involved. If you are interested in learning more, Tampa Bay criminal defense attorney Charles Holloway, P.A., can review your records and determine whether they are eligible for sealing or expungement. In addition, Attorney Holloway may be able to recommend ways to help you be eligible for this legal option.

Florida law provides for the sealing or expunging of criminal records that result from charges brought within the State of Florida. Florida Statutes, Chapter 943 lists the rules and procedures which control the sealing and expunging of records. The process requires a determination of which records may be sealed or expunged, whether a person meets the prerequisites for sealing/expunging, proper application to the FDLE and petition to the Court, and a follow-up to ensure that records have been effectively sealed or expunged. The average time from the beginning to the end of the process is approximately six months. The greatest part of this is due to the backlog of applications waiting to be approved by the FDLE.

SEALING

The following is a list of crimes that cannot be sealed, if a person entered a plea of guilty, no contest, or was found guilty at trial:

(a) Sexual misconduct with a disabled person

(b) Sexual misconduct with a mentally ill person

(c) Luring or enticing a child

(d) Sexual battery

(e) Procuring a minor for prostitution

(f) Lewd or indecent conduct

(g) Voyeurism

(h) Fraud

(i) Lewd or lascivious behavior with an elderly or disabled person

(j) Abuse or neglect of a child

(k) Various offenses by public employees

(l) Obscenity with a minor

(m) Drug trafficking

(n) Sexual misconduct with a mentally ill defendant

(o) Any offense that would qualify as a predicate for “sexual offender” or “sexual predator” status

(p) Any crimes listed in Fla. Statute 907.041

The above crimes can only be sealed if the charges were either dropped by the State Attorney or dismissed by the Court.

All other crimes can be sealed if the following criteria are met:

(a) The Florida Department of Law Enforcement (FDLE) approves the records for sealing

(b) The person has never been adjudicated guilty by a court, for any crime, at any time, anywhere

(c) The person has never had a record previously sealed or expunged, for any crime, at any time, anywhere

(d) The person does not currently have a petition to seal or expunge pending with another court

(e) The person has completed all of the sentence on the case to be sealed

Once the Court grants the petition to seal and the order to seal is signed, copies of the order are distributed to the various entities that have records (computer or paper). These organizations will then seal the records and protect them from public view. The records would then only be available to the person involved, that person’s attorney, and law enforcement agencies.

Once sealed, the person can lawfully deny or fail to acknowledge the arrest/charge unless that person is subject to the following:

(a) Applies for subsequent sealing or expunction

(b) Applies to become an attorney

(c) Applies for employment with law enforcement

(d) Applies for employment with the Department of Children and Families or the Department of Juvenile Justice

(e) Applies for employment with the Department of Education or with any educational institution

(f) Applies to work at a Florida seaport

(g) Needs a background check to purchase a firearm

(h) Becomes a defendant in a new criminal case

If subject to the above, the person would have to reveal the previously sealed record.

EXPUNGING

The crimes that cannot be expunged if a person pled guilty, no contest, or was found guilty at trial, are the same as those listed above for Sealing. Those crimes can only be expunged if the charges were either dropped by the State Attorney or were dismissed by the Court.

All other crimes can be expunged if the following criteria are met:

(a) The Florida Department of Law Enforcement (FDLE) approves the records for expunction

(b) The person has never been adjudicated guilty by a court, for any crime, at any time, anywhere

(c) The person has never had a record previously sealed or expunged, for any crime, at any time, anywhere, unless the crime to be expunged was previously sealed for a period of at least 10 years*

(d) The indictment/information was not filed by the State Attorney, or if filed, was dropped by the State or dismissed by the Court

(e) The charges never resulted in a trial, regardless of whether the outcome of the trial was other than an adjudication of guilt

(f) The person does not currently have a petition to seal or expunge pending with another court

(g) The person has completed all of the sentence on the case to be sealed

* Previous sealing for a minimum of 10 years is required where the Court withheld adjudication of guilt, or the charges were not dismissed prior to trial.

Once the Court grants the petition to expunge and the order to expunge is signed, copies of the order are distributed to the various entities that have records (computer or paper). These organizations will then physically destroy the records, with the exception of the FDLE, which will keep the records confidential. The records would then only be available to the person involved, that person’s attorney, and law enforcement agencies.

Once expunged, the person can lawfully deny or fail to acknowledge the arrest/charge unless that person is subject to the following:

(a) Applies for employment with law enforcement

(b) Becomes a defendant in a new criminal case

(c) Applies for subsequent sealing or expunction

(d) Applies to become an attorney

(e) Applies for employment with the Department of Children and Families or the Department of Juvenile Justice

(f) Applies for employment with the Department of Education or with any educational institution

(g) Applies to work at a Florida seaport

If subject to the above, the person would have to reveal the previously expunged record.

The sealing or expungement of criminal records in Florida requires knowledge of both the law and the procedures involved. Consultation with a criminal defense attorney can greatly facilitate the successful completion of the process. Please call Clearwater criminal defense attorney Charles Holloway, P.A., at (727) 446-8303 to schedule a free initial consultation about sealing or expunging a criminal record in Florida. He has offices in Clearwater, Tampa, and St. Petersburg to serve you.