Sealing and Expungement

By Daveta Williams

Were you found not guilty of a crime? Was your case dismissed? Was adjudication withheld? Are you currently looking for employment or enrolling in school? If so, you should consider sealing or expunging your Florida criminal record.

Sealing is the process of concealing your criminal record from public access.
Expungement erases the arrest from your record completely.

You should get your record sealed or expunged if:

• You are actively looking for employment.

• You believe your criminal history and/or arrest record will appear in a background check.

When completing an application for employment or college, one of the most common questions is: “Have you ever been arrested or convicted of a crime?” If your criminal history is accessible to the public and has not been sealed or expunged, this question could prevent you from obtaining a career, advancing in your field, or even affect your college application.

Even if you are not actively seeking employment or applying to school, you should still consider getting your record sealed or expunged. In Florida, the process can take anywhere from five months to one year. Starting early can help avoid delays and benefit your future.

Why Should You Seal or Expunge Your Record?

• Sealing: Once your record is sealed, it becomes confidential and the public will not have access to it. However, certain government agencies and related entities will still have access. With very few exceptions, you can legally deny or fail to acknowledge that the arrest ever happened. After your record has been sealed for a period of time, you may be eligible to have it expunged.

• Expungement: If your record is expunged, no arrest record will appear at all. Similar to sealing, you can then legally deny or fail to acknowledge that the arrest ever happened, with very few exceptions.

If you are found guilty in court, you cannot have your record sealed or expunged. For this reason, it is always important to have an attorney represent you in court.

In Florida, there are at least 33 criminal violations that can prevent you from sealing or expunging your record. To determine your eligibility, call us at (407) 500-4267. One of our experienced attorneys will be more than happy to assist you.