SEALING OR EXPUNGING FAQ
Seal or Expunge Record
Eligibility
Crimes and
Arrests not eligible to Seal or Expunge
Sealing Criminal
Record
Expunging
Criminal Record
Frequent Questions
Glossary of Legal Terms
Frequently Asked Questions
-
Am I eligible to have my criminal history
record sealed or expunged?
-
Why do I have a criminal history record
when the charges against me were dropped or dismissed?
-
Should I obtain a copy of my criminal
history record prior to applying for a Certificate of
Eligibility?
-
What is the difference between having a
criminal history record sealed vs. expunged?
-
When is my criminal history record sealed
or expunged?
-
How many dates of arrest can I have
sealed or expunged?
-
What charges may not be sealed?
-
What charges may be expunged?
-
Why can’t I just expunge my record
instead of sealing it?
- I was arrested by mistake (mistaken identity), what can be done?
- Can I appeal the denial of my application for a Certificate of Eligibility to seal or expunge my criminal history record?
- If I receive a full pardon can I have my criminal history record sealed or expunged?
- If I receive clemency, will my record be automatically expunged?
- If I have my civil rights restored, will my criminal history record disappear?
- Do I have to apply for a Certificate of Eligibility to have my juvenile criminal history record sealed or expunged?
- If I have a criminal history record sealed or expunged in another state or jurisdiction, am I still eligible to have a criminal history record sealed or expunged within the State of Florida?
- How long does it typically take to receive a response from my application for a Certificate of Eligibility?
- Will FDLE notify the agencies involved with my case that the record has been sealed or expunged?
- What type of background check is conducted by FDLE to determine my eligibility to have a criminal history record sealed or expunged?
- Why is the Florida Department of Highway Safety and Motor Vehicles checked to determine my eligibility to have my criminal history record sealed or expunged?
- Who should receive a copy of the order to seal or expunge a criminal history record?
- What do I do with my Certificate of Eligibility?
- How much will it cost me to have my record sealed or expunged?
- How Long Does It Take To Have A Florida Criminal Record Sealed or Expunged?
Frequently Asked Questions
1. Am I eligible to
have my criminal history record sealed or expunged?
Answer:
Misdemeanors, felonies and juvenile records are sealable.
Florida Statutes,
s.943.0585
and s.943.059,
set forth the criteria that must be met in order to be eligible to
have a criminal history record sealed or expunged. These statutes
also state that in order to have a criminal history record sealed or
expunged within the State of Florida, an individual must first make
application to the FDLE for a Certificate of Eligibility. Please
note that the issuance of a Certificate of Eligibility does not mean
that your criminal history record will be ordered sealed or
expunged. It merely indicates that you are statutorily eligible for
the type of relief that is being requested.
2. Why do I have a criminal history
record when the charges against me were dropped or dismissed?
Answer:
The Florida Legislature has determined that Florida
criminal history records are public unless the record is sealed or
expunged. See Section 943.053(3), Florida Statutes, which provides
for public access to criminal history records. The term "criminal
history information" is defined, tracking the federal definition, at
Section 943.045(4), Florida Statutes. 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.
3. Should I obtain a
copy of my criminal history record prior to applying for a
Certificate of Eligibility?
Answer:
Under Florida and federal law, an individual has the
right to request a copy of his or her criminal history record for
purposes of review, to ensure that it is both accurate and complete.
This process is known as a Personal Review. The requestor may
examine the record obtained through Personal Review for accuracy and
to challenge any information contained within the criminal history
record that the record subject believes is inaccurate or incomplete.
No charge is assessed by FDLE for this service. See s.943.056,
Florida Statutes. A Personal Review allows an individual to
determine which, if any, date(s) of arrest the applicant will be
eligible to have sealed or expunged. However, obtaining a personal
review is not a prerequisite to applying for a certificate of
eligibility to seal or expunge a criminal history record.
4. What is the difference between
having a criminal history record sealed vs.
expunged?
Answer:
�
Sealed:
When a criminal history record is
sealed, the public will not have access to it and
the record will not show up in any background check. Your record,
including police, state attorney, other agencies, and court records
are physically sealed and stored and cannot be accessed without
court order.
Certain governmental or related entities, primarily
those listed in s. 943.059(4)(a), Florida Statutes, have access to
sealed record information in its entirety.
After 10 years of having your record sealed, you may ask the Court
to expunge (destroy) the record.
�
Expunged:
Expunging a
record means that the record which is expunged is
physically destroyed.
Only one copy of your
record is retained by the Florida Department of Law Enforcement and
that copy is not viewable by anyone without Court order.
When a record has been expunged, those 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. All they would receive is a
caveat statement indicating that
"Criminal Information has been Expunged from this Record.”
5. When is my criminal history record
sealed or expunged?
Answer:
Once an order has been issued by the court of
competent jurisdiction to seal or expunge your criminal history
record and a certified copy of this order has been received by the
FDLE, it will be complied with in accordance with state statutes.
6. How many dates of arrest can I have
sealed or expunged?
Answer:
Unfortunately, you can only seal ONE charge from ONE
incident or MULTIPLE CHARGES only if from the SAME incident.
The eligibility criteria for an applicant to have a
record sealed or expunged include the requirement that the applicant
be able to attest that he or she has never previously had a record
sealed or expunged in Florida or in another jurisdiction. This
means, in effect, that 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.
A record that is initially ineligible for expunction
(e.g., where adjudication is withheld) may become eligible after it
has been sealed for 10 years. However, a person may not seal or
expunge one arrest record and then, later and in a different
proceeding, ask to have a different arrest record sealed or
expunged. 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, s. 943.0582(8), Florida Statutes, a juvenile
diversion expunge does not prevent the record subject from
seeking a judicial expunction or sealing under
s. 943.0585 or
s. 943.059,
Florida Statutes.
*CHARGES refer to each individual crime or ‘count.’ For example if
you were charged with Battery and petit theft all from the same
incident, that would be one case with TWO charges/counts.
7. What charges may not be sealed?
Answer:
A list of charges that may not be sealed when
adjudication is withheld is included with the application package,
and is also enumerated in
s. 943.059,
Florida Statutes. (The same listing is found in
s. 943.0585,
because the specified offenses may not be expunged either.) 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.
8. What charges may be expunged?
Answer:
The same eligibility requirements which apply to
sealing also apply to expunction, with certain additional
requirements. Any charge, which resulted in a withholding of
adjudication or in an acquittal (not guilty verdict) after trial,
may not be expunged unless and until it has first been sealed for at
least 10 years. See
s. 943.0585(2)(h),
Florida Statutes. 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.
9.
Why can’t I just expunge my
record instead of sealing it?
Answer:
You can only have your record
immediately expunged if you were: arrested but never charged by the
State Attorney (referred to as a "no action" or "no file"), the
State Attorney later nolle prossed (dismissed) the case, or the
Court dismissed the case. You can apply to have your record expunged
after is has been sealed for 10 years.
10.
I was arrested by mistake (mistaken identity), what
can be done?
Answer:
You do not have to use your one time
statutory privilege to seal or expunge a mistaken arrest. A mistaken
arrest can be sealed administratively and you can save your one time
seal or expunge privilege should you ever need it in the future.
11. Can I appeal the
denial of my application for a Certificate of Eligibility to
seal or expunge my criminal history record?
Answer:
If you believe that the denial of your application
for Certification of Eligibility is in error, you may ask that the
denial be reviewed. If the denial is based on information in your
criminal history record that is believed to be in error or
incomplete, the procedure for reviewing and correcting that record
is given in Rule 11C-8.001, Florida Administrative Code. If you
agree that the criminal history information is correct, but believe
that the law has been incorrectly applied or interpreted in your
case, you may appeal the decision of the FDLE. The appeal of a
denial is to be handled within the court of competent jurisdiction.
12. If I receive a full pardon can I
have my criminal history record sealed or expunged?
Answer:
Unless the pardon indicates on its face that it
entitles the record subject to seal or expunge his or her criminal
history record, the granting of a full pardon does not remove any
condition of ineligibility for sealing or expunging a criminal
history record imposed by the disposition of the pardoned offense.
See Randall v. Florida Department of Law Enforcement,
791 So. 2d 1238 (Fla. 1st DCA 2001).
13. If I receive clemency, will my record be automatically expunged?
Answer:
No. Neither a full pardon, nor any other type of
clemency, will automatically expunge or facilitate the expungement
of your criminal record. You should contact the Florida Department
of Law Enforcement at
seal-expunge@fdle.state.fl.us for
information on the expungement or sealing of records.
14. If I have my civil rights
restored, will my criminal history record disappear?
Answer:
No. In order to have your civil rights restored you
had to have been convicted (adjudicated guilty) of a felony that was
the basis for your loss of civil rights. Persons who have been
convicted (adjudicated guilty) of a felony are not eligible for a
seal or expunge of their criminal history under Florida law,
regardless of whether their civil rights have been restored.
15. Do I have to
apply for a Certificate of Eligibility to have my juvenile criminal
history record sealed or expunged?
Answer:
The following considerations are relevant to the
decision whether to seek the judicial sealing or expunction of a
juvenile criminal history record. Prior to October 1, 1994 (for
felonies), and July 1, 1996 (for specified misdemeanors), juvenile
arrest records were not maintained by FDLE in the criminal history
record system and would not be available to the general public
unless the juvenile were treated as an adult. Juvenile records are
subject to an abbreviated retention schedule, if certain
qualifications are met, which results in the automatic expunction of
the record after a specified period, under s. 943.0515, Florida
Statutes. Juvenile defendants who successfully complete a qualified
diversion program, as set out in s. 943.0582, Florida Statutes, may
be eligible for expunction of their record as the term is defined
therein. If a person wishes to pursue the judicial sealing or
expunction of his or her juvenile record, the eligibility criteria
and procedure, which are similar to those for adults, are found in
s. 943.059
and s.
943.0585, Florida Statutes.
16. If I have a
criminal history record sealed or expunged in another state or
jurisdiction, am I still eligible to have a criminal history record
sealed or expunged within the State of Florida?
Answer:
Maybe, if your out of state was 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 out of state 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.
17. How long does it
typically take to receive a response from my application for a
Certificate of Eligibility?
Answer:
The current processing time is thirty (30) working
days or less from the date the application is r
eceived, processed, and mailed back to the customer.
Special Note: If the application is not complete at the time of
submission the application will be returned. This will cause the
application process to be delayed beyond the thirty (30) working day
period.
If I had a criminal history record sealed or
expunged, and then had it vacated, could I apply to have a new date
of arrest sealed or expunged?
As
s. 943.0585(2)(f)
and s.
943.059(2)(e), Florida Statutes require that an applicant
have never secured a prior sealing or expunction of a criminal
history record under current or former law, having an earlier seal
or expunge order vacated does not remove this disqualification.
18. Will FDLE notify
the agencies involved with my case that the record has been sealed
or expunged?
Answer:
If eligible and the court grants relief, FDLE will
comply with the certified court order and seal or expunge the
appropriate criminal history record. Once FDLE seals or expunges the
criminal history record, a notification letter will be sent by FDLE
to the arresting agency or agencies involved with your case. The
notification letter is to inform the agencies that FDLE has received
and has complied with the order in accordance with the seal or
expunge statutes.
19. What type of
background check is conducted by FDLE to determine my eligibility to
have a criminal history record sealed or expunged?
Answer:
FDLE conducts criminal history record checks in
Florida through the Florida Crime Information Center (FCIC),
national record checks through the National Crime Information Center
(NCIC), and driving history checks through the Florida Department of
Highway Safety and Motor Vehicles (DHSMV). These databases are
utilized to determine the eligibility of an individual to have a
criminal history record sealed or expunged.
20. Why is the
Florida Department of Highway Safety and Motor Vehicles
checked to determine my
eligibility to have my criminal history record sealed or expunged?
Answer:
A criminal offense such as DUI, Driving While
License Suspended/canceled/revoked, or reckless driving may appear
in the DHSMV database even though it may not be entered in the
criminal history record system maintained by FDLE. Although
non-criminal traffic offenses (such as careless driving) have no
affect on eligibility to seal or expunge a criminal history record,
an adjudication of guilty for any criminal offense renders the
record ineligible for either form of relief.
21. Who should
receive a copy of the order to seal or expunge a criminal history
record?
Answer:
If the record is eligible and the court grants
relief, the Clerk of the Court by statute is responsible to certify
a copy of the court order to the State Attorney’s Office or the
Statewide Prosecutors Office and the arresting agency or agencies.
The arresting agency is then responsible for sending a certified
copy of the court order to all agencies that are known to have
received the criminal history information. In addition to FDLE,
these agencies may include the Department of Corrections, Teen
Courts, and Department of Juvenile Justice.
22. What do I do with my Certificate
of Eligibility?
Answer:
Once FDLE has issued the Certificate of Eligibility
to seal or expunge a criminal history record, the next step is to
file a petition for relief, along with the Certificate of
Eligibility and the required affidavit, in the court in the county
of the arrest. The issuance of the Certificate of Eligibility is not
the final step in the Sealing/Expunction process, nor does it
guarantee that a criminal history record will be sealed or expunged.
The final decision to Seal/Expunge your criminal history is placed
by law in the sound discretion of the court.
23. How much will it cost me to have
my record
sealed or expunged?
Answer:
Corzo & Kohrs charges a flat fee of
$1,200 which includes all court costs and related expenses. (Outside
of the Central Florida area and a hearing is required fee.)
In addition to your attorney’s fees, the costs for
Sealing or Expunging a Record is:
1.
Certified copy of final disposition (Osceola County)
$1.50 per page
2.
FDLE Certificate of Eligibility application fee:
$75.00
3.
Clerk of Court service fee( Osceola County)
$37.50
24. How Long Does It Take To Have A
Florida Criminal Record Sealed or Expunged?
Answer:
On average it takes 5 to 7 months to complete a Florida record
sealing or expungement.
However, the
exact length of time depends on various factors:
-
Expunging your record takes a bit more time than sealing your
record due to additional legal requirements;
-
How fast the state attorney signs off on the disposition of your
case (for expungements only);
-
The county your case is in as some county clerk’s offices are
more efficient than others;
-
How fast the FDLE can issue the certificate of eligibility.
(FDLE must grant the required certificate of eligibility or the
court will not consider your petition to seal or expunge. It may
take the FDLE up to 3-5 months to process your application to
seal or expunge your record;
-
The procedure for having the final petition considered. Each
county and each judge has their own time limits and procedures
for setting seal/expunge cases for final hearing. Depending on
the county and the judge's own procedure, this also can affect
the time it takes to finally complete the sealing or expungement
of your case.
Information provided above from the Florida Statutes and Florida
Department of Law Enforcement.
At Corzo & Kohrs we offer a
free initial consultation that allows you to meet personally
with Orlando and Kissimmee criminal defense attorney Will Corzo or
Sam Kohrs to confidentially discuss your case.
Corzo & Kohrs offers reasonable fees and flexible
payment plans available.
Contact Orlando and Kissimmee criminal defense
attorneys Corzo &
Kohrs to SEAL OR
EXPUNGE YOUR CRIMINAL RECORD.