A mistake from your past shouldn't cloud your future forever. However, a criminal record can follow you throughout your life and hinder your success. Florida offers two paths to clear certain criminal records: sealing and expungement. But the rules are tricky—and not everyone is eligible.
At the Law Offices of Dave L. Simmons, we understand how a criminal record can deny you numerous opportunities. If you're ready for a fresh start, our Broward County expungement lawyer can help guide you through the legal process, allowing you to reclaim your potential.
What's the Difference Between Sealing and Expungement in Florida?
While both expungement and sealing can help you move forward, they work in different ways:
- Record sealing. Sealing a criminal record means it's confidential—not erased. Sealed records are not public, but certain government agencies can still access them for specific purposes.
- Record expungement. Expunged records are physically destroyed or erased, with limited exceptions for specific agencies, such as the Florida Department of Law Enforcement (FDLE).
In both cases, you can legally deny the arrest or conviction on most job applications, and private background checks will not reveal the sealed or expunged record. However, specific sensitive fields, such as education, healthcare, and law enforcement, may still have access to expunged records under Florida law.
Do You Qualify for Sealing or Expungement?
Not all crimes are eligible for sealing or expungement in the state of Florida. In general, you may qualify if:
- You've never had a Florida record sealed or expunged before. (Exceptions exist for certain diversion programs.)
- You're not currently under any type of court supervision or facing criminal charges.
- The specific crime you want to seal or expunge is eligible under Florida statutes.
- You have never been convicted (adjudicated guilty) of a crime in Florida.
Eligible offenses typically include nonviolent misdemeanors and some third-degree felonies, such as:
- Simple drug possession
- Disorderly conduct
- Trespassing
- Petit theft and retail theft
- Criminal mischief
In most cases, convictions for violent crimes, sex offenses, crimes against children, burglary, and drug trafficking are not eligible for sealing or expungement. However, if charges were dropped or dismissed, you may still have options. An experienced Broward County expungement attorney can help determine your eligibility.
Understanding the Sealing and Expungement Process in Broward County
Once you've determined that you qualify, the actual application process requires several essential steps:
1. Get a certificate of eligibility
- For record sealing, you must first complete your sentence, including any probation, house arrest, or community service. You cannot have any new charges or arrests.
- For record expungement, the charges against you must have been dropped, dismissed, or never filed by the prosecutor (called a "no info").
2. File a petition with the court
- Your petition packet will include various forms, the certificate of eligibility, a fingerprint card, and an affidavit that you've never had a record sealed or expunged before.
- You'll need to serve copies of the petition to the Florida Department of Law Enforcement, the State Attorney's Office, and the arresting agency.
3. Wait for the court's decision.
- The assigned judge will review your petition and either grant or deny your request.
- If approved, the court will issue an order instructing the relevant agencies to seal or expunge your record. The process can take several months from start to finish.
While it's possible to handle the process yourself, a single mistake can lead to delays or denial. An experienced Broward County expungement lawyer can help you navigate the system efficiently and advocate for your fresh start.
Take Control of Your Future
Renting an apartment, landing a new job, securing a loan—a criminal record can stand in the way of your goals, even if the charges were ultimately dropped. Sealing or expunging eligible records can open new doors and help you move forward with confidence.
At the Law Offices of Dave L. Simmons, we understand the power of a second chance. We'll guide you through Florida's complex expungement rules and fight to clear your path to a brighter future. If you're ready for a clean slate, we're here to help. Together, we'll seal your past and unlock your full potential.
