If you want to expunge your criminal record, you must ask yourself the following:
1) Was my case dismissed? Remember - an expungement applies only to cases that have been dismissed, or to sealed cases that have been sealed for ten years or more.
Cases can be dismissed by the State Attorney prior to the filing of formal charges ("no action" or "no info"), after the filing of formal charges ("nolle prosse"), or by the Court (motion to dismiss).
2) Do I have any prior convictions (adjudications) in my criminal history? ANY prior convictions for misdemeanors and felonies will render you ineligible to expunge any record, even if the arrest you want to expunge occurred before the conviction.
Criminal traffic offenses, such as driving while license suspended (DWLS), reckless driving, DUI, and no valid driver's license (NVDL) will prevent you from expunging if you have a conviction for any one of those charges.
3) Have you ever expunged or sealed a record before? It doesn't have to be in the State of Florida. If you have previously sealed or expunged a record, you cannot do so again. Juvenile expungements typically do not count.
If you answered "yes" to questions 1, and "no" to questions 2 and 3, you may be eligible to expunge.
If you want to seal your criminal record, you must ask yourself the following:
1) Did you receive a withhold of adjudication to the charge that you want to seal? You cannot seal a conviction (adjudication).
2) Is the offense an ineligible offense? Click on the link to find out.
3) Do you have any prior convictions?
4) Have you ever expunged or sealed a record before?
If you answered "yes" to question 1, and "no" to questions 2, 3, and 4, you may be eligible to seal.
Eric Matheny is a criminal attorney who helps clients seal or expunge their records throughout the State of Florida. Call today to discuss your case.