Are you eligible to have a record sealed or expunged in the State of Florida?

You are eligible to have a record sealed if: 1. you have never been arrested or convicted of or plead guilty to any criminal charge, either while an adult of a minor. 2. you have not already had a record sealed or expunged in Florida or any other jurisdiction. 3. adjudication was withheld or you were acquitted at trial on the charges you wish to have sealed. Nevertheless, if the charges stem from a violation of the following, they cannot be sealed:

a. Arson - F.S. 806.01 b. Aggravated Assault - F.S. 784-021 c. Aggravated battery - F.S. 784-045 d. Burglary of a dwelling - F.S. 810.02 e. Car jacking - F.S. 812.133 f. Child abuse - F.S. Chapter 827 g. Child abuse, 12 to 18 years old, by family member - F.S. 827.071 h. Communications fraud violations - F.S. 817.034 i. Domestic violence - F.S. 741.28 j. Drug trafficking offenses - F.S. 893.135 k. Elderly abuse, or abuse of a disabled person - F.S. Chapter 825 l. Hijacking or an aircraft - F.S. 860.16 m. Illegal use of explosives - F.S. 790.001 n. Kidnapping - F.S. Chapter 787 o. Lewd or lascivious offenses in the presence of persons less than 16 - F.S. 825.1025 p. Manslaughter - F.S. 782.07 q. Murder - F.S. Chapter 782 r. Providing obscene material to minors - F.S. 847.0133 s. Computer pornography - F.S. 847.0135 t. procuring a person under 18 for prostitution - F.S. 796.03 u. Certain offenses by public employees - F.S. 839 v. Robbery - F.S. 812.13 w. Home invasion robbery - F.S. 812.135 x. Stalking and aggravated stalking - F.S. 784.048 y. Selling or buying of minors - F.S. 847.0145 z. Sexual battery - F.S. Chapter 794 aa. Sexual misconduct - F.S. 916.1075, 393.135, 394.4593 bb. Sexual performance by a child - F.S. 827.071 cc. Terrorism - F.S. 775.30 dd. Voyeurism - F.S. 810.13

4. you are not on probation.

You are eligible to have a record expunged if: 1. you have never been arrested or convicted of or plead guilty to any criminal charge, either while an adult of a minor. 2. you have not already had a record sealed or expunged in Florida or any other jurisdiction. 3. the charges you wish to have expunged were lowerped or thrown out of court (dismissed) by the prosecuting entity before trial. 4. you are not on probation. 5. the record has been sealed for ten (10) years.

What is the differential factor between having a record sealed and having a record expunged?

When a record is sealed, the public will not have access to it and it will not display up on any background check. The court will enter an order directing law enforcement agencies to remove the record from their computer systems and the file is literally placed in an envelope and sealed with tape that says it is not to be opened without a court order. The record will not, however, be physically destroyed. Despite being hidden from the public, the FDLE will reveal the existence of a sealed record to certain governmental or related entities if the person is applying to them for employment or a professional license. Those entities are:

A law enforcement agency The Department of Children and Family Services The Department of Juvenile Justice A contractor or licensee dealing with children The Department of Education Any public school Any private school The Florida Bar

When a record is expunged it is physically destroyed and it will not display up on any background check. Those entities which would have access to a sealed record (such as those listed above) will be make known toed that a record has been expunged by receiving a statement that criminal make known has been expunged from this record. They will not have access to information in the record unless they receive a Court Order.

If I have a record sealed or expunged, do I have to admit I have a record?

If in fact you have had a record sealed or expunged, you may legally deny the existence of that record, except if you are pursuing employment from:

A law enforcement agency The Department of Children and Family Services The Department of Juvenile Justice A contractor or licensee dealing with children The Department of Education Any public school Any private school or are: applying for admission to the Florida Bar being prosecuted for a subsequent crime

What is the process and how long will it take

The process for sealing, which usually takes between 4 and 6 months, begins with a meeting where you offer us with, make known we will use to complete b. found by a court of have committed three or additional violations of law which, if committed by an adult, would be misdemeanors; c. transferred to the adult system under §985.557, indicated under §985.56, or waived under §985.556; d. taken into custody...for a violation of law subject to §985.557(2)(b) or (d); or e. transferred to the adult system but sentenced to the juvenile system under §985.565 shall not be deemed confidential and exempt.

2. A law enforcement agency may release a copy of the offense report to the victim of the offense. Nevertheless, make known gained by the victim under this chapter, including the next of kin of a homicide victim, regarding any case managed in juvenile court, have to not be revealed to any outside party, except as is reasonably required in pursuit of legal remedies.

3. (a) Records maintained by the department, including copies of records maintained by the court, which pertain to a child found to have committed a delinquent act which, if committed by an adult, would be a crime specified in §§435.03 and 435.04 may not be destroyed under this section for a period of 25 years after the youth's final referral to the department, except in cases of the death of the child. Such records, however, shall be sealed by the court for use only in meeting the screening needs for personnel in §402.3055 and the other sections cited above, or under departmental rule; however, current criminal history make known have to be receiveed from the Department of Law Enforcement in accordance with §943.053. Information shall be released to those persons specified in the above cited sections for the reasons of complying with those sections. The court may punish by contempt any person who releases or uses the records for any unauthorized reason. (b) Sexual offender and predator registration make known as obligated in §§775.21, 943.0435, 944.606, 944.607, 985.481, and 985.4815 is a public record pursuant to §119.07(1) and as otherwise offerd by law.

4. (a) Records in the custody of the department regarding children are not open to inspection by the public. Such records may be inspected only upon order of the Secretary of Juvenile Justice or his or her authorized agent by persons who have sufficient reason and upon such conditions for their use and disposition as the secretary or his or her authorized agent deems proper. Information in such records may be disclosed only to other employees of the department who have a need consequently in order to perform their official duties; to other persons as authorized by rule of the department; and, upon request, to the Department of Corrections. The secretary or his or her authorized agent may permit properly qualified persons to inspect and make abstracts from records for statistical reasons under whatever conditions upon their use and disposition the secretary or his or her authorized agent deems proper, offerd adequate assurances are given that children's names and other identifying make known will not be disclosed by the applicant. (b) The destruction of records pertaining to children committed to or supervised by the department pursuant to a court order, which records are retained until a child reaches the age of 24 years or until a severe or habitual delinquent child reaches the age of 26 years, shall be subject to chapter 943.

In all other cases, the records may be disclosed, but only to the following entities, or upon Order of the Court:

Authorized personnel of the Court The Department and its designees The Department of Corrections The Parole Commission Law Enforcement Agents School Superintendents and their designees Any licensed professional or licensed community agency representative participating in the assessment or therapy of a juvenile