Florida Record Sealing and Expungement
You can have your criminal record sealed in Florida. The Court, upon motion of the defendant, has the authority to seal or expunge a record where a conviction was not entered or adjudication was withheld. Once relief is granted by the Court, the clerk of the court shall notify all interested parties of the Order and instruct them to seal their records in this matter.
Florida law allows for a criminal defendant, at any time after completion of a term of probation where adjudication of guilt was withheld, to seek to have the record of arrest sealed or expunged from his or her criminal history.
Expungement is the process by which someone’s criminal arrest is erased from the court’s files and removed from public view. The Courts of this state have jurisdiction over their own procedures, including sealing and correction of judicial records containing criminal history information.
A Petition to Seal a Criminal History Record must be accompanied by a valid Certificate of Eligibility issued by the Florida Department of Law Enforcement (FDLE). A person seeking to seal a criminal history record shall apply to FDLE for a Certificate of Eligibility for sealing. A Certificate of Eligibility is valid for 12 months after issuance by FDLE.
To be eligible for the relief offered under Florida Statutes 943.059, you must never have been adjudicated guilty of a criminal offense, or been adjudicated delinquent for committing any felony or misdemeanors specified in s. 943.051(3)(b). You must never have had any petition for Expungement or record sealing adjudicated prior to the filing of this petition. You must have satisfied all the terms and conditions of your probation with violation prior to seeking this relief.
A criminal history record of a defendant who has successfully obtained relief under Florida Statutes 943.059 may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record: (1) Is a candidate for employment with a criminal justice agency; (2) Is a defendant in a criminal prosecution; (3) Concurrently or subsequently petitions for relief under his section or s. 943.0585; (4) Is a candidate for admission to the Florida Bar; (5) Is seeking employment or licensure by the Department of Children and Family Services or the Department of Juvenile Justice; (6) Is seeking employment with the Department of Education; (7) Is attempting to purchase a firearm; (8) Is seeking Authorization from a Florida seaport for employment.
If you have been charged with criminal violations in the past, the record of those charges may affect your ability to get work, housing, public benefits, financial aid for education, to drive or to enjoy other rights or privileges, such as voting. This information will help you understand what rights and options you have and what procedures you must use to clear or limit access to your criminal record by others.
There is nothing worse than losing an employment opportunity for that dream job because of a minor blemish on your record when the employer conducts a criminal background check.
There is nothing worse than being unable to fulfill your goals of entering a professional field (Medical, Real Estate, Contracting, Government or State Agencies) after years of education because you can't enter an internship, externship or pass a state licensing exam because of a decade old blemish on your record revealed by a background check.
Why even take the chance! You have worked too hard and come too far to let your past mistakes deny you the opportunity to provide a better life for you and your family. Here is an affordable way to overcome those obstacles and move forward with your career without fail or worry. You can take those steps to obtain closure of your past mistakes today by taking a few moments to determine your eligibility, provide some information, and make your payment. The relief you will receive is priceless.
If you meet the requirements for eligibility you can seek to Expunge your Criminal Arrest and have your Records Sealed pursuant Florida Statutes 943.059.
In seeking this relief, you are required to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement prior to the filing of a Motion to Seal or Expunge your record of arrest. In order to seal or expunge a criminal history record, you must meet the requirements pursuant to Florida Statutes 943.0585(2) and 943.059(2).
ARE THERE ANY COURT FILING OR ADMINISTRATIVE FEES?
Florida Department of Law Enforcement charges a non-refundable $75 dollar fee to obtain a Certificate of Eligibility. In addition, most Florida Courts charge a Court filing fee right around $50 dollars. For more information, check our Filing Fee Directory to help determine fees associated with your case or contact the Court where the incident occurred.
There may be additional fees. Criminal History Cleaners will provide that information during the Expungement process.
WHAT DO I NEED TO DO TO GET STARTED?
Just fill out the application form and submit your application. You can make your payment right now with any major credit card or Paypal, or one of our staff will follow up with you to help answer your questions and help you complete the process. If you have Court documents in your possession, you can fax or email them to our office which allows us to expedite your document preparation and submission even faster.
