In the state of Florida, there are certain conditions under which you may be eligible to have your criminal record sealed or expunged. If you qualify to apply for expungement, the majority of governmental organizations will still have access to your information, but the general public (including private employers) cannot see it. Without a court order, there is no government agency that can view your criminal history if it has been purged.
In this blog post, we will cover the important points to note about expunging criminal records.
What Does Expungement Mean?
Expungement is the act of physically destroying all the documents pertaining to your criminal case that are kept by a criminal justice organization (also known as expunction). It is important to note that one copy of your criminal history is kept on file by the Florida Department of Law Enforcement and the Clerk of the Court. However, neither is accessible to the general public or most potential employers.
If Expungement is granted, it is forbidden for a criminal justice organization to disclose that you ever had a criminal record or that it was sealed or purged. Any disclosure of the information is a first-degree misdemeanor.
The courts and law enforcement organizations that hold your records must physically destroy them, making it impossible for them to be unintentionally disclosed. Most importantly, it’s key to note that the offense is deleted from the Criminal Justice Information System so that it won’t show up during any potential background checks.
What are the Requirements for Expungement?
You must fulfill a number of requirements in order to be eligible to have your criminal record sealed or expunged. This determination is made in accordance with rules established by the Florida Department of Law Enforcement (FDLE).
It’s possible to expunge your criminal record if you were detained but not found guilty of a crime. Being found guilty (in Florida, an “adjudication of guilt”) of any felony or misdemeanor disqualifies you from being eligible to have a criminal history record sealed or expunged. Likewise, you will not be eligible to have your record expunged if you have previously had records sealed or expunged in any other state.
To be eligible to have a criminal record expunged, one of the following conditions must apply:
- After your arrest, the State Attorney did not bring any charges against you.
- The State Attorney brought official accusations, but eventually dropped them.
- A judge or jury found you not guilty.
Is it Possible to Seal or Expunge Several Criminal Records?
Each person is only given one chance to seal or delete their criminal record throughout their lifetime. People who have been arrested more than once must choose which of their eligible records they want to seal or expunge.
In situations when a single arrest can result in several charges or cases, only the court has the power to expunge the criminal history record, either completely or partially.
Will Expungement Clear Any Record of My Arrest?
An order to seal or purge records is a directive to the clerk’s office and the appropriate law enforcement agency only. It is not a directive that applies to private organizations or people.
Therefore, even after your record is sealed or purged, your arrest history may still be available on websites or in some criminal history databases of private companies. If this is the case, there is some recourse that may be pursued.
Are You in Need Legal Assistance?
There are intricacies and varying circumstances to be explored concerning the options of expungement and sealing of criminal records. It is important to have an experienced attorney to guide you through the process of filing for expungement.
If you need assistance with your criminal charges or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation.
