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SEALING & EXPUNGING. What is Sealing and Expunging?. Under Florida law, you may seal or expunge a single criminal history and/or arrest record if you qualify. Criminal history and arrest records are public records.
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What is Sealing and Expunging? • Under Florida law, you may seal or expunge a single criminal history and/or arrest record if you qualify. • Criminal history and arrest records are public records. • Even if a person was not formally charged with a crime, the records are still public unless sealed or expunged.
SEALING SEALING places a criminal and/or arrest record under highly restricted access that cannot be accessed without a court order.
EXPUNGING EXPUNGING removes and destroys the criminal and/or arrest record from the public record entirely.
What is contained in a criminal history record? • Arrest records reported to the Florida Department of Law Enforcement (FDLE). • Case files held by the Clerk of Court for the county in which the arrest was made. • Records maintained by the arresting agency or agencies. • Records maintained by the State Attorney or Statewide Prosecutor.
Why should I seal or expunge my criminal history record? • Criminal history and arrest records are public records. • A criminal record can follow a person for a lifetime, affecting the ability to get a job, continue education, apply for professional licenses, or even sign a lease. • Sealing/Expunging allows the individual, subject to certain exceptions, to legally deny or fail to acknowledge the arrests.
What are the Exceptions? • You CANNOT deny or fail to acknowledge the arrests in the following situations: • Employment with a criminal justice agency; • Defendant in a criminal case; • Application for change in immigration status; • Employment or access to a seaport; • Admission to the Florida Bar; • Petition to seal/expunge; • When seeking employment/licensing with: • DCF, DJJ, DOE, district school boards, university lab schools, charter/private/parochial schools, entities that license child care facilities, and positions having direct contact with children, developmentally disabled, the aged/elderly.
IMPORTANT NOTE • Sealing or Expunging has no effect on private company or federal databases. • Employers may still have access to the records through private databases. • Florida judges have online access to sealed records.
Generally speaking, who qualifies for Sealing or Expunging? • A person who has never been convicted of a criminal offense. • A person who has never previously sealed or expunged.
DO I QUALIFY? EXPUNGED if: • The arrest did not result in a conviction; • Charges were dismissed; • No charges were filed; • Charges were dropped after an information was filed, or • After sealed for 10 years.
DO I QUALIFY? SEALED if: The judge granted a withhold of adjudication. Meaning: the Court did not convict you of the crime.
DISQUALIFIED IF: • Adjudicated guilty (convicted) as an adult of a criminal offense, including: • Criminal traffic (e.g. DUI, DWLS); • Criminal ordinance violation; • Misdemeanor; or • Felony.
DISQUALIFIED IF • Statutory based on the offense charged.
DISQUALIFIED IF: • Status and results of current and prior criminal cases including: • Unsatisfied probation; • Unsatisfied pre-trial diversion; • Community control; or • Court-ordered financial obligations or restitution.
DISQUALIFIED IF: • Prior Sealing or Expunction
HOW DO I FILE? • Obtain a Florida Department of Law Enforcement (FDLE) application packet. • Download packet from: www.fdle.state.fl.us
FDLE APPLICATION PROCESS • Obtain a CERTIFIED copy of the case disposition from the Clerk of Court in the county in which the arrest was made or charges were filed. Note: disposition = the court’s final decision or order from the judge including any sentencing.
FDLE APPLICATION PROCESS • Complete the FDLE application according to the instructions, including: • Section A – ALL applicants – NOTARIZED • Section B – Expungement only – completed and signed by the State Attorney’s office. • Check/Money Order $75.00 (nonrefundable) • Fingerprint card • Fingerprints Seminole County Sheriff’s Office • Thursdays from 9 am – 4 pm • No appointment needed • Cost is $5.35 – cash only
FDLE APPLICATION PROCESS • Obtain Certificate of Eligibility • Response typically takes 3-6 months. • Once issued, Certificate of Eligibility is only valid for 12 months. • Note: Certificate of Eligibility does not grant relief – must petition the court.
PETITION THE COURT • Draft an Affidavit, Petition to Seal or Expunge, and Order to Seal or Expunge. • Forms are available on The Florida Bar website www.floridabar.org • Rules of Criminal Procedure • Read: Rule 3.692 Petition to Seal or Expunge • Forms: Rule 3.989 Affidavit, Petition, and Order to Expunge or Seal
PETITION THE COURT • File the Affidavit, Petition to Seal or Expunge, Certificate of Eligibility, and Order to Seal or Expunge with the Clerk of Court; AND • Pay the associated court filing fees; AND • Serve (by mail or hand delivery or E-file) a copy of the Affidavit, Petition to Seal or Expunge, and Certificate of Eligibility on: • The State Attorney’s Office (or Statewide Prosecutor), • The Arresting Agency (or agencies), and • The Florida Department of Law Enforcement.
PETITION THE COURT • Ask the Clerk for the case number and which Judge the case is assigned. • Contact the Judge’s Judicial Assistant to find out if a formal hearing is necessary. • If a hearing is required, attend the hearing. • If the Judge grants the petition and signs the order: • The Clerk of Court will forward the order to all law enforcement agencies who have a record of the case. • The agencies will seal or destroy the records.
