Kinds of Sealing and Expungement in Florida

Many jurisdictions offer very few “second chances” to people with criminal convictions on their records. It’s difficult, or impossible, to seal or expunge (remove) these records. But Florida has some of the broadest sealing and expungement laws in the country. As outlined below, most former defendants are eligible for multiple kinds of relief in this area.

These broad laws create multiple opportunities, but only a Tampa criminal defense lawyer helps defendants take full advantage of these opportunities. Judges don’t give away this relief like candy on Halloween. Furthermore, each court has specific rules, many of which are unwritten. So, unless an experienced lawyer handles a sealing or expungement petition, the matter could be doomed from the start.

Administrative Expungement

An arrest (adult or juvenile) made contrary to law or by mistake may be expunged by applying to the Florida Department of Law Enforcement, in one of the ways provided in statute and rule. Identity theft is the biggest mistake in this area, followed closely by people who give false names to police officers.

Court Ordered Sealing or Expungement

Any person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his/her criminal history record. This is the required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a Certificate of Eligibility, FDLE determines if the applicant is statutorily eligible to petition the court to have his/her Florida criminal history record sealed or expunged.

Juvenile Diversion Expungement

People who have completed an authorized juvenile diversion program for a misdemeanor or a felony offense, other than a forcible felony or a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon, may apply for a juvenile diversion expungement.

This law is somewhat narrower than the juvenile expungement laws in other states. In many jurisdictions, juvenile criminal convictions automatically fall off a permanent record once the defendant turns 18 or 21. That’s usually not the case in Florida.

Lawful Self-Defense Expungement

A person may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense, and the charge(s) were not filed on, or were dismissed by the state attorney or the court.

Human Trafficking Expungement

Victims of human trafficking (as defined in Sections 943.0583(1)(c) and 787.06, Florida Statutes) may petition for the expungement of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed as a part of the human trafficking scheme of which he/she was a victim.

Automatic Juvenile Expungement

Limited automatic expungement is available. The criminal history record of a minor maintained by FDLE will automatically be expunged (by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (i.e., not having been charged with or convicted of a forcible felony as an adult or when treated as an adult).

Early Juvenile Expungement

Former defendants between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his/her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding five years.

Work With a Thorough Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=943.0595&URL=0900-0999/0943/Sections/0943.0595.html