To Seal or To Expunge...

April 8, 2018

 

 

 

Whether you qualify to seal or expunge your case depends on how your case was closed out.

 

If your case was dismissed by the judge, dropped by the state attorney, or never filed by the state attorney then the case can be expunged.

 

If you ended up taking a plea to the case, but received a withhold of adjudication, you MAY BE ELIGIBLE to seal the case. I say "may be eligible" because not all types of charges can be sealed if you take a plea to them.

Charges considered to be "dangerous crimes" cannot be sealed if you take a plea to them. 

 

In order to Seal or Expunge your criminal record it must be determined that you are eligible to do so.  The Florida Department of Law Enforcement (FDLE) is the governing body who determines whether or not a person is eligible to Seal or Expunge their criminal record.  The following statutes may be referred to in order to determine eligibility:

 

Expunging a criminal record – Florida Statute §943.0585

 

Sealing a criminal record – Florida Statute §943.059

 

If you have ever been adjudicated guilty (or adjudged delinquent as a juvenile) of any misdemeanor or felony crime, then you will not be eligible to seal or expunge your criminal record.  This includes a conviction for DUI, Reckless Driving or Driving while license suspended (DWLS).

 

 

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