Expunction & Sealing of a Criminal Record in Florida

Clearing your record can be very beneficial to your future. An arrest, regardless of whether or not the case was dismissed, can follow you throughout life causing problems with employment and advancements in careers, as well as creating difficulties in renting property, and can damage your reputation.

In many cases, the arrest and criminal record may be sealed or expunged, preventing the public’s access and allowing you to not have to disclose the information in certain applications and situations.

Expunction of a Criminal Record:

A person may be eligible a criminal record expunction if:

1. The charges were dismissed and

2. They have never been adjudicated guilty of any other crime.

If a person’s criminal history record is expunged they may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record:

1. Is a candidate for employment with a criminal justice agency;

2. Is a defendant in a criminal prosecution;

3. Concurrently or subsequently petitions for relief under Florida Statute 943.0585 or Florida Statute 943.059;

4. Is a candidate for admission to The Florida Bar;

5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in Florida Statutes. 110.1127(3), 393.063, 394.4572(1), 397.451, 402.302(3), 402.313(3), 409.175(2)(i), 415.102(5), chapter 916, 985.644, chapter 400, or chapter 429;

6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

7. Is seeking authorization from a seaport listed in Florida Statute 311.09 for employment within or access to one or more of such seaports pursuant to Florida Statute. 311.12.

If you are not eligible for an expunction you may still be eligible to have your record sealed.

Sealing Criminal Record:

A person may be eligible to have their arrest and criminal record sealed if:

1. They plead guilty or no contest to the offense, and

2. They received a withhold of adjudication for the offense, and

3. They have never been adjudicated guilty of any other crime.

If a person’s criminal history record is sealed they may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record:

1. Is a candidate for employment with a criminal justice agency;

2. Is a defendant in a criminal prosecution;

3. Concurrently or subsequently petitions for relief under Florida Statute 943.059 or 943.0585;

4. Is a candidate for admission to The Florida Bar;

5. Is seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in Florida Statutes 110.1127(3), 393.063, 394.4572 (1), 397.451, 402.302(3), 402.313(3), 409.175(2)(i), 415.102(5), 415.103, chapter 916, 985.644, chapter 400, or chapter 429;

6. Is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;

7. Is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law; or

8. Is seeking authorization from a Florida seaport identified in Florida Statute 311.09 for employment within or access to one or more of such seaports pursuant to Florida Statute 311.12.

Florida Statutes:

Speak with an Orlando criminal lawyer or review the following Florida Statutes for more information on expunging or sealing a criminal history record:

Florida Statute 943.0585 – Court-ordered expunction of criminal history records.
Florida Statute 943.059 – Court-ordered sealing of criminal history records.

Expunction – Orlando Criminal Attorney Services:

Speak with a Orlando criminal attorney and review our website for more information on Florida criminal offenses: