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Does Marsy’s Law Impact Your Expungement or Sealing?

Aggressive Trial Attorney With a Reputation for Success

A few years ago, Florida voters passed what became known as Marsy’s Law - a law that ensures certain rights for Florida crime victims.

One of those rights is the right for an alleged victim to be notified and heard regarding the expungement or sealing of a defendant’s arrest record.

If your case involved a “victim,” Florida law gives that victim a right to be notified and heard before the Court should they choose. 

Marsy’s Law defines a victim as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act or against whom the crime or delinquent act is committed.”

If your case involved a victim, be advised that sealing or expunging your record may take longer than usual as the State Attorney will need to reach out to them prior to the Judge signing your Order.

If the victim so desires, Marsy’s Law guarantees them an opportunity to be heard before the Judge.

Typical “victim” cases are domestic violence, violent crimes, theft crimes, and property crimes.

If you are expunging or sealing an arrest wherein the crime involved a "victim," please reach out to me to discuss how your sealing or expungement process may be affected.

In most cases - in fact, the overwhelming majority of cases - the only impact on your process is that it may take just a little bit longer.