You should apply for an
expungement if all of the charges in the case were either
dismissed by the judge or dropped by the State and did not proceed to trial.
If you pled guilty or no contest to the charges, or were found guilty after a trial, and
adjudication was withheld (meaning you were not convicted), then you can apply for sealing. Before you apply for a sealing, you should have completed all parts of your sentence, including completing your probation, paying all court costs and paying all
restitution that was ordered by the judge.
Click here to see if your charge is eligible to be sealed.
If your criminal history record is ordered sealed you may lawfully deny the existence of the record, except when you are
1. Applying for a job with a criminal justice agency,
2. A defendant in a criminal prosecution,
3. Applying for another sealing or expungement,
4. Applying for admission to the Florida Bar,
5. Seeking employment or licensing by the Department of Children and Family
Services, the Agency for Health Care Administration, the Agency for Persons
with Disabilities, the Department of Juvenile Justice, or in a sensitive position
having direct contact with children, the developmentally disabled, the aged or
the elderly,
6. Seeking employment or licensing with the Department of Education, any
district school board, university laboratory school, charter school, any private
or parochial school or any local governmental entity that licenses child care
facilities,
7. Attempting to purchase a firearm and are subject to a criminal history
background check, and
8. Seeking authorization from a Florida seaport for employment within or access
to one or more seaports.
Your sealed record is available only to you, your attorney, criminal justice agencies for their criminal justice purposes, judges in the state courts system for the purpose of
assisting them in their case-related decision-making responsibilities, or any of the groups listed above when you apply for employment, licensing or access authorization.
When your criminal history record has been ordered expunged, it may be lawfully
denied, with the exception of the same circumstances listed above (except number 7).
A record that has been ordered expunged is to be physically destroyed or obliterated (except for the record held by FDLE) and is not available to anyone without a court order, even you.
Remember – you are only permitted to have one criminal history record sealed or
expunged in your lifetime, so make your choice carefully.
Eric Matheny is a criminal defense attorney who assists clients in sealing or expunging their Florida criminal records. Attorney Eric Matheny can seal or expunge a record in any Florida county. Call today to speak with Eric Matheny regarding your sealing or expungement matter.