record expungement attorneys

Under Florida statute, the term expunge is defined as a court-ordered physical destruction of a record by any criminal justice agency or other public entity in possession of such information.  Sealing is defined as the court-ordered maintenance of a record where it is secure and inaccessible to any person not having a legal right of access to the information contained within it.  Expunging or sealing a criminal record allows a person to remove access to their criminal history.  There will be a limited record with the Florida Department of Law Enforcement, which is required by statute, but it will be free from public disclosure.

Eligibility Requirements for Sealing (See Florida Statute 943.059):

  • You must not have been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest from the arrest or alleged criminal activity to which the petition to seal pertains
  •  You must never have been adjudicated guilty of a criminal offense or comparable ordinance violation, and must never have been adjudicated delinquent for committing any felony or a misdemeanor specified in Florida Statutes Section 943.051(3)(b)
  • You must never have secured a prior sealing or expunction of a criminal history record
  • You must not have committed any disqualifying offenses
  • You must no longer be under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the petition to seal pertains

Eligibility Requirements for Expunction (See Florida Statute 943.0585):

  • Than an indictment, information, or other charging document was not filed or issued in the case
  •  That an indictment, information, or other charging document, if filed or issued in the case, was dismissed or nolle prossequi by the state attorney or statewide prosecutor, or was dismissed by a court of competent jurisdiction, and that none of the charges related to the arrest or alleged criminal activity to which the petition to expunge pertains resulted in a trial, without regard to whether the outcome of the trial was other than an adjudication of guilt
  •  The criminal history record does not relate to certain disqualifying offenses

Exceptions: Under Florida Statutes, a person must must make a truthful disclosure of his or her criminal history information (upon proper request) if he or she:

  • Is a candidate for employment with a criminal justice agency
  • Is a defendant in a criminal prosecution
  • Is a candidate for admission to The Florida Bar
  • Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice
  • Is seeking to be employed or licensed by 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
  • Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (this applies only to the sealing of records)
  • Is seeking authorization from a Florida seaport identified in Section 311.09, Florida Statutes, for employment within or access to one or more of such seaports pursuant to Section 311.12, Florida Statutes
  • Is seeking to change their immigration status or receive immigration benefits

For your free and confidential consultation, contact us online today or call Attorney Heather Bryan at 863-825-5309.


9.0Heather Bryan