Sealing & Expungements

Expungement is the “cleansing” of a person’s criminal record or the purging of arrest and conviction information related to a criminal offense.  Expungement is also referred to as “sealing” a person’s criminal record.  For many people, expungement presents several important benefits.  For example, once a criminal charge or arrest is removed from a person’s record, the public has no way of knowing it ever existed.  This means that future landlords and employers will not have access to expunged arrests and convictions, which can greatly improve the person’s employment, housing, and educational opportunities.

In Florida, there are several different types of expungement available, but each type has varying conditions.  The type of expungement a person is qualified to file for will depend upon whether they were an adult or juvenile when charged, if the offense was a misdemeanor or felony, and whether the person went to prison or was placed on probation.  The conditions and timelines related to expungement can be extremely confusing.  For this reason, it is always beneficial for the person seeking expungement to speak with a knowledgeable Florida attorney. 

Once a person has retained an attorney, the attorney will evaluate the person’s charges to see if he/she qualifies for expungement.  If the person meets the expungement qualifications, an attorney will draft and file an application with the Florida Department of Law Enforcement (FDLE).  When the FDLE receives an application, the Department will check to make sure the person meets the conditions for expungement.  If the Department finds that the person meets the requirements, they will send a petition for expungement back to the person’s attorney.  The attorney will then file the petition with the court and the court will then decide if the arrest or conviction will be removed from the person’s criminal record.

In most cases, the expungement process will take approximately 2 to 10 months.  Once the expungement process is complete, the person will be able to avoid future obstacles and complications that may have resulted from their prior criminal offenses and/or arrests.  In many ways, expungement presents an opportunity for people to have a fresh, new start without having to worry about past mistakes.