sealing & expungement lawyer
Let Us Help You Clear Your Criminal Record
Our firm has experience representing individuals who want to seal or expunge their criminal record. Call us today for a free consultation at 772-579-2771.
Sealing Your Record
When a criminal history record is sealed, the public will not have access to it. The record is destroyed. However, certain governmental or related entities, primarily those listed in Section 943.059(4)(a), Florida Statutes, have access to the sealed record information in its entirety.
Expunging Your Record
When a record has been expunged, most of the entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. The response to a record search query from such an entity would be: “Criminal History Record Expunged Pursuant to Florida Statutes 943.”
Do I Have to Report on a Job Application an Offense That Was Sealed or Expunged?
Once your record has been expunged or sealed, you do not have to tell anyone that you were ever arrested or that you had a criminal record. There are some exceptions to the rule, though. If you are being employed by a hospital or care facility, a school or a government agency, you will still have to disclose your arrest. The military may also need to know if you have ever had a record expunged or sealed.
You Cannot Seal or Expunge Your Record If:
- It’s an offense for which you cannot request a seal or expungement even if you received a withhold.
- You have been convicted of a criminal offense anywhere at any time.
- You have already sealed or expunged a different criminal record in Florida.
- FOR EXPUNGEMENT: Your case was not dropped/dismissed (You may still qualify for sealing the record).
- FOR SEALING: Your case resulted in a withhold but is prohibited by statute (see list below).
Certain Offenses Cannot Be Sealed or Expunged Even if You Received a Withhold
- Sexual misconduct of developmentally disabled
- Sexual misconduct of the mentally disabled
- Domestic Violence Battery
- Luring or enticing a child
- Sexual Battery (if your charged starts with 794.011 you are ineligible)
- Procuring person under age of 18 for prostitution
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
- Florida Communications Fraud Act
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person
- Sexual performance by a child
- Offense by Public Officers and Employees
- Protection of minors; prohibition of certain acts in connection with obscenity
- Computer pornography; traveling to meet minor
- Selling or buying of minors
- Trafficking in Controlled Substances
- Sexual misconduct mentally ill defendants
- Aggravated assault
- Aggravated battery
- Illegal use of explosives
- Child abuse or aggravated child abuse
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft piracy
- Homicide (Murder)
- Sexual battery (Rape)
- 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
- Burglary of a dwelling
- Stalking and aggravated stalking
- Act of domestic violence
- Home invasion robbery
- Act of terrorism
- Manufacturing any substances in violation of chapter 893 (Controlled Substances)
It’s important that you call and speak to an attorney today to defend your case and protect your future.
We are one of the best law firms that offers representation in Saint Lucie County, Martin County, Indian River County, Broward County, Dade County and Palm Beach County.
Call 772-579-0347 for a free consultation.