Can I Get My Florida Conviction Expunged or Sealed?

A criminal case can cast a long shadow over your life, affecting everything from job prospects to housing applications, professional licenses, and educational opportunities. If you have a criminal record in Florida, you may be wondering whether you can get your conviction expunged or sealed. The good news is that Florida law provides pathways for eligible individuals to clear their records and move forward with their lives. That said, eligibility requirements are hard lines. Working with an experienced criminal defense lawyer can make a difference in ensuring the matter is handled as quickly, quietly, and successfully as possible.

Understanding the Difference: Expungement vs. Sealing

Before diving into the process, it’s crucial to understand the distinction between expungement and sealing under Florida law:

Expungement is the complete removal of a criminal record from public view. Under Florida Statute § 943.0585, an expunged record is physically destroyed by the agencies in possession of it. Once expunged, you can legally deny the existence of the arrest or criminal proceeding in most situations.

Sealing is the restriction of access to a criminal record. Per Florida Statute § 943.059, sealed records are not destroyed but are made confidential and exempt from public disclosure. Only certain governmental agencies can access sealed records – and even then, only under specific circumstances.

The Life-Changing Benefits of Expungement and Sealing

Even if your conviction occurred years ago or you no longer live in Florida, clearing your record can provide significant advantages:

• Employment Opportunities
  • Most employers conduct background checks, and a criminal record can be an automatic disqualifier for many positions. With an expunged or sealed record, you can truthfully state on most job applications that you have not been convicted of a crime.
• Professional Licensing
  • Many professional licenses require disclosure of criminal history. A cleared record can help you obtain licenses in fields such as healthcare, real estate, finance, and law.
• Housing Applications
  • Landlords frequently run background checks on prospective tenants. An expunged or sealed record removes this barrier to securing housing.
• Educational Opportunities
  • Some colleges and universities consider criminal history in admissions decisions. A cleared record can open doors to higher education.
• Peace of Mind
  • Perhaps most importantly, expungement or sealing provides emotional relief and the ability to move forward without the constant worry of your past affecting your future.

Eligibility Requirements: What Cases Can Be Expunged or Sealed?

Florida law is specific about which cases qualify for expungement or sealing. The eligibility requirements are governed by Florida Statutes § 943.0585 and § 943.059.

Cases Eligible for Expungement

You may be eligible for expungement if:

• You were arrested but never charged.
• Charges were dropped or dismissed.
• You were acquitted at trial.
• You received a withhold of adjudication (no conviction entered).
• You completed a pre-trial diversion program.

Cases Eligible for Sealing

Sealing is available for cases where:

• You received a withhold of adjudication (meaning you were not formally convicted).
• You completed the terms of your sentence.
• You have not been convicted of any other criminal offense (with limited exceptions).

Disqualifying Factors

Unfortunately, not all cases are eligible. You cannot expunge or seal records if you:

• Were convicted of the offense (adjudication of guilt was entered)
• Have a prior conviction on your record
• Were charged with certain serious offenses listed in Florida Statute § 943.0584, including:
  • Aggravated assault
  • Aggravated battery
  • Domestic violence
  • Child abuse
  • Sexual offenses
  • DUI (even with a withhold of adjudication)

The Complex Process: Why You Need Professional Help

The expungement and sealing process in Florida involves multiple steps and strict deadlines. Here’s an overview of the process:

Step 1: Obtain a Certificate of Eligibility

You must first apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. This requires:

• Completing FDLE forms
• Paying required fees
• Providing fingerprints
• Submitting certified copies of court documents

Step 2: Court Petition

Once you receive your Certificate of Eligibility, you must file a petition with the court where your case was heard. The petition must include:

• The Certificate of Eligibility
• A sworn statement of facts
• Certified copies of relevant court records
• Proof of service to the State Attorney’s office

Step 3: Court Review and Hearing

The court will review your petition, and a hearing may be scheduled. The State Attorney’s office has the right to object to your petition.

Step 4: Final Order

If approved, the court will issue an order directing all relevant agencies to expunge or seal your record.

Why Local Legal Expertise Matters

Navigating Florida’s expungement and sealing laws requires deep understanding of state statutes, local court procedures, and prosecutorial practices. Here’s why hiring an experienced Fort Lauderdale criminal defense attorney is essential:

Technical Complexity

The process involves intricate legal requirements, strict deadlines, and specific forms. A single error can result in denial of your petition and lost time and money.

Court Relationships

Local attorneys understand the preferences and procedures of specific judges and prosecutors in Broward County courts. This knowledge can be crucial in presenting your case effectively.

Case-Specific Strategy

Every case is unique. An experienced attorney can evaluate your specific circumstances, identify potential obstacles, and develop a tailored strategy for success.

Maximizing Your Chances

Prosecutors may object to expungement or sealing petitions. Having skilled legal representation significantly improves your chances of success, especially if a hearing is required.

Recent Developments and Considerations

Florida’s expungement and sealing laws have evolved over time. Recent legislative changes have expanded eligibility for certain offenses while restricting it for others. Additionally, federal background checks may still reveal expunged or sealed records for certain purposes, such as employment in sensitive positions or gun purchases.

The Investment in Your Future

The cost of hiring an experienced criminal defense attorney for expungement or sealing is an investment in your future. The long-term benefits—improved job prospects, housing opportunities, and peace of mind—far outweigh the upfront costs.

Take Action Today

If you believe you may be eligible for expungement or sealing, don’t wait. The process can take several months, and the sooner you begin, the sooner you can enjoy the benefits of a cleared record. Contact an experienced Fort Lauderdale criminal defense attorney who can evaluate your case, explain your options, and guide you through the process.

Remember, everyone deserves a second chance. Florida’s expungement and sealing laws recognize that people can learn from their mistakes and move forward positively. With the right legal guidance, you can take the first step toward clearing your record and reclaiming your future.

If you are interested in having your conviction expunged or sealed, call The Ansara Law Firm in Fort Lauderdale today for your free initial consultation at (954) 761-4011.