Since more people qualify to seal a record and than expunge a record (for reasons that will be explained later), we will begin with sealing a record.
When a Florida expungement attorney is hired to seal a criminal record, there are a number of steps that must be followed before the record can be sealed. The very first thing a Florida expungement lawyer must determine is whether or not his/her client qualifies to seal the criminal record in question. While sealing a record is relatively easy to do, the rules that regulate sealing of records are very strict. The outcome of your case and the type of criminal charge(s) in question will determine whether or not you are permitted to seal and expunge a criminal record, assuming you otherwise qualify.
How do you seal a criminal record in Florida?
To seal a criminal record in Florida, a person must not have been convicted of crime and must not have sealed a record in the past, among other requirements. In the coming sections, we will be discussing the step by step process that must be followed in order to successfully seal a record.
STEP 1: Obtain a Certificate of Eligibility
Before an expungement attorney can file a petition to seal your criminal record, he/she must first obtain a certificate of eligibility from the Florid Department of Law Enforcement. Once a certificate of eligibility is obtained, it will be attached to the petition that will ultimately be filed with the court. Without a certificate of eligibility, the petition to seal your record will be insufficient.
In order to obtain a certificate of eligibility from the Florida Department of Law Enforcement, the following steps must be completed by your expungement lawyer.
- Your expungement attorney must submit a certified copy of the disposition sheet pertaining to the charge in question. A disposition sheet is a document produced in court when your case is closed. It is an official document that indicates what the final outcome of your case was.
- A $75.00 processing fee must be paid to the Florida Department of Law Enforcement Operating Trust Fund.
- Your expungement lawyer must submit an application with the Florida Department of Law Enforcement that includes a completed fingerprint card.
Once these steps are completed, the Florida Department of Law Enforcement will review your application to determine if you qualify for a certificate of eligibility. To qualify for a certificate of eligibility to seal a record, an applicant must meet the following criteria:
- The applicant must not have been adjudicated guilty of a criminal offense or any comparable ordnance. Additionally, the applicant must not have been adjudicated delinquent of any offense listed in Fl. Stat. 943.051(3)(b). (These offenses include assault, battery, carrying a concealed weapon, cruelty to animals, and other offenses.)
- The applicant must not have been adjudicated guilty or delinquent of any of the acts stemming from the arrest or criminal conduct relating to the petition to seal at issue. In other words, you cannot have been convicted or received an adjudication in your case. Only those who received a withhold adjudication are eligible to seal their record.
- The applicant must not have ever sealed a record in the past.
- The applicant must no longer be on court supervision in regards to the charge at issue. In other words, if you were sentenced to probation, you must have completed probation before the Florida Department of Law Enforcement will issue you a certificate of eligibility.
Once all of the above criteria have been met and your expungement attorney has filed the appropriate documents with the Florida Department of Law Enforcement, a certificate of eligibility will be issued. The certificate is valid for one year and must be filed along with the petition to seal your record.
In the coming sections, we will discuss the next steps that a Florida expungement attorney must take in order to seal a record in Florida. Specifically, the coming section will address the filing phase of sealing a record in Florida.