Expunging and Sealing Criminal Records

1.The client must not have a prior adjudication of guilt, from any type of charge (felony, misdemeanor, or traffic), either as an adult or juvenile (not all juvenile cases are automatically sealed). Also, the client can not have a prior sealed or expunged record.

2.If the client has a withhold of adjudication, they can get their record sealed, as long it’s not an offense listed in F.S. 907.041, i.e.,

   1. Arson;

   2. Aggravated assault;

   3. Aggravated battery;

   4. Illegal use of explosives;

   5. Child abuse or aggravated child abuse;

   6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;

   7. Aircraft piracy;

   8. Kidnapping;

   9. Homicide;

   10. Manslaughter;

   11. Sexual battery;

   12. Robbery;

   13. Carjacking;

   14. Lewd, lascivious, or indecent assault or act upon or in presence of a child under the age of 16 years;

   15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of person in familial or custodial authority;

   16. Burglary of a dwelling;

   17. Stalking and aggravated stalking;

   18. Act of domestic violence as defined in s. 741.28;

   19. Home invasion robbery;

   20. Act of terrorism as defined in s. 775.30;

   21. Manufacturing any substances in violation of chapter 893; and

   22. Attempting or conspiring to commit any such crime.

3. If the client had their case nolle prosequi, dismissed, or received a not guilty at trial, they can move to expunge their record, regardless of offense.

So, what’s the difference? Both sealing and expunging removes the information from public records, and both require that the information be made confidential. However, an expunged case goes a step farther and requires that the arresting agency, the sheriff's office, and the state attorney's office physically destroy the record. Certain entities will still have access to the prior record (i.e. applications to become: school teacher; attorney; police officer) but the application process will specifically address sealed or expunged issues.

The process, for either scenario, takes a little more than 6 months to complete.