Sealing Your Records Will Prevent Public Access To Them.

Court proceedings and your criminal record are public record. Do you feel the need to prevent
potential employers, family, friends or the public from viewing court records that include your criminal records?  Your criminal record is created when you are arrested and fingerprinted, it does not matter if you were convicted or acquitted. Depending on the crime, you can have those records sealed or expunged.  It is possible for a lay person to seal their records. However, an attorney  can be contacted about sealing court records. Find a lawyer that practices in the area of law that represents your case in court. Sealing or expunging a record is a complicated process with many rules so it is best to consult with a lawyer who is familiar with and understands the procedure.  If you are in need of a lawyer for the South Florida area contact The Law Offices of Gilbert & Smallman they have the experience in criminal law that will be needed to aggressively and successfully help you seal or expunge your records.

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Listed below are a few answers to the most frequently asked questions about sealing and expunging criminal records. These answers and more can be found on The Florida Department Of Law Enforcement web site. Click here for more questions and answers.

1. Why do I have a criminal history record when the charges against me were dropped/dismissed?

The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term “criminal history information” is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

2. What is the difference between having a criminal history record sealed vs. expunged?

When a criminal history record is sealed, the public will not have access to it. Certain governmental or related entities, primarily those listed in s. 943.059(4)(a), Florida Statutes, have access to sealed record information in its entirety.
When a record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. All they would receive is a caveat statement indicating that “Criminal Information has been Expunged from this Record”.

3. What charges may not be sealed?

A list of charges that may not be sealed when adjudication is withheld is included with the application package, and is also enumerated in s. 943.059, Florida Statutes. (The same listing is found in s. 943.0585, because the specified offenses may not be expunged either.) In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated delinquent for any felony or for certain specified misdemeanors), whether or not related to the charge(s) that the person is applying for, the record is ineligible for sealing and the application will be denied.

4. What charges may be expunged?

The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements. Any charge, which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See s. 943.0585(2)(h), Florida Statutes. A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of, and the record is otherwise eligible.

5. If I receive a full pardon can I have my criminal history record sealed or expunged?

Unless the pardon indicates on its face that it entitles the record subject to seal or expunge his or her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record imposed by the disposition of the pardoned offense. See R.J.L. v. State, 887 So.2d 1268 (Fla. 2004).

Please note this process will seal or expunge your record from the Clerk of Court database in the county of the act.  They will likely still be tracks of your records on the internet through private background company.  Once your record is sealed or expunged you can contact those private services and present proof and request they remove your information as per the court order.

The Law Offices of Gilbert & Smallman provides quality representation with proven results to individuals looking to seal or expunge a criminal record. Serving the South Florida area and Tallahassee you can contact them at the following locations.

4601 Sheridan St. #220
Hollywood, FL 33021
(954) 251-3106

The White Building
One Northeast Second Ave,
Suite 200
Miami, FL 33132
(786) 371-4431

909 East Park Avenue
Tallahassee, FL 32301
(850) 391-7045