Question 1

DO I HAVE A CRIMINAL HISTORY RECORD THAT I NEED SEALED AND CLEARED?

Accepted Answer

A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

Question 2

WHAT CHARGES MAY NOT BE SEALED OR CLEARED?

Accepted Answer

The list of charges enumerated in Fla. Sta. § 943.059. In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated delinquent for any felony or for certain specified misdemeanors), whether or not related to the charge(s) that the person is applying for, the record is ineligible for sealing and the application will be denied. Also a criminal offense such as DUI, Driving While License Suspended/canceled/revoked, or reckless driving.

Question 3

WHAT CHARGES MAY BE SEALED OR CLEARED?

Accepted Answer

Any charge, which resulted in a:
1. Withholding of Adjudication
2. An acquittal (not guilty verdict) after trial
3. A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of, and the record is otherwise eligible.

Question 4

HOW MANY ARRESTS CAN I HAVE SEALED OR EXPUNGED?

Accepted Answer

A person may only seal or expunge ONE arrest record in one proceeding. More than one record may be sealed or expunged in the same proceeding if the court, in its sole discretion, finds the arrests to be directly related. An expunction or sealing which occurs automatically or by operation of law, without any action on the part of the record subject, is not considered a prior expunction or sealing for this purpose. By law, a juvenile diversion expunge does not prevent the person from seeking a judicial expunction or sealing.

Question 5

HOW LONG DOES THE PROCESS TAKE?

Accepted Answer

If all the required paperwork is acquired and the statutory requirements have been met. Once retained, a full and final expungement or sealing in six (6) to eight (8) months.

Question 6

IF I HAVE A CRIMINAL HISTORY RECORD SEALED OR EXPUNGED IN ANOTHER STATE, AM I STILL ELIGIBLE TO HAVE A CRIMINAL HISTORY RECORD SEALED OR EXPUNGED WITHIN THE STATE OF FLORIDA?"

Accepted Answer

If the other record were sealed or expunged by operation of law (administratively or automatically, without intervention or action by the subject of the record), then the out-of-state sealing or expunction would not prevent you from being eligible to have a record in Florida sealed or expunged. However, if the record was sealed or expunged because you petitioned to have it done by a court order, or otherwise actively sought the sealing or expunction, then you would not be eligible to have another record sealed or expunged.

MIAMI ATTORNEY | SERVING ALL OF FLORIDA

PERSONAL INJURY ATTORNEY

Frequently asked questions