SARASOTA SEAL AND EXPUNGE ATTORNEYS

What is an expungement?

 

Expungement in Florida is the process by which a criminal record is destroyed and/or rendered confidential and hidden from public view.  When a record is expunged in Florida, all Florida criminal justice agencies (like local courts, the clerk of courts, local police departments, etc.) destroy the record and it is unable to be viewed. The only caveat to this is that the Florida Department of Law Enforcement still has the record, but it is confidential. 

 

The effect of an expungement on local criminal justice agencies

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If one has a record expunged in Sarasota and Manatee Counties, and there was to be a search for the record with the local Clerk of Court, the Clerk of Court will no longer display a court case and there would be no indication that a case ever existed.  Likewise, if a company or employer were to do a local search for criminal records with the Sarasota or Manatee Clerk, they would not find the expunged case. 

 

However, if a Florida governmental agency were to search the Florida Department of Law Enforcement (FDLE) records, the FDLE would likely inform the agency that a record was in fact expunged, however the record would not be viewable. It would typically require a court order for the government agency to be able to view the record.

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If you have a record expunged in Florida you can deny you were ever even arrested!

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One of the best aspects about expungement in Florida is that Florida law allows a person to "lawfully deny or fail to acknowledge the arrest covered by the expunged record." (There are some exceptions: for instance, if you apply to be a Florida police officer or work with various Florida agencies that deal with children or the elderly, you will have to disclose the arrest. So be sure to consult with an attorney if you are unsure whether this applies to you).  The vast majority of people who have had a record expunged in Florida can completely deny not only that there ever was a case, but they can also deny that they were ever even arrested.

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How long does it take to expunge a record in Sarasota and Bradenton?

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There are many steps to having a criminal case expunged.  An expungement involves dealing with the State Attorney's Office, the Clerk of Court, the FDLE, and the judge.  On average, it takes approximately 4-8 months total to expunge a case.  This is not because of our local offices, they handle things relatively quickly.  Most of the wait is due to the time it takes the FDLE to prepare the Certificate of Eligibility to Expunge the record. 

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Is my charge eligible to be expunged?

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The answer to this question can be complicated and there are several exceptions that do not render this question able to be completely and adequately addressed in a small FAQ section.  It is important to contact an expungement attorney to adequately determine whether your case can or cannot be expunged rather than trying to figure it out yourself.

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Generally, a case can be expunged in Florida when:

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• A person has never been adjudicated guilty of any criminal offense in any state.

• There may have been an arrest but no charging document was ever filed (the prosecutor never went forward with charges).

• The case was dismissed or nolle prosequi (AKA dropped) by the state attorney, or was dismissed by the judge, there was a judgment of acquittal by the judge (as a result of a trial motion), or a verdict of not guilty was rendered by a judge or jury.

• In addition, Florida Statute 943.0584 lists many criminal charges that cannot be expunged (it is too lengthy to list them all here), some common disqualifying offenses: various charges involving sexual misconduct, sex crimes involving children, domestic battery, stalking, human trafficking, kidnapping, arson, burglary of a dwelling, robbery, car jacking, home invasion robbery, abuse of the elderly or children, and drug trafficking.

• The person has never sealed or expunged before.

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How to expunge a case in Sarasota or Bradenton, FL

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The first thing to do is fill out Section A of the FDLE Application for Expungement, sign it and have it notarized; send the application to the applicable State Attorney, wait for the State Attorney to complete Section B and return it to you; have your fingerprints taken by a police officer at a police station on an FDLE fingerprint form; obtain a certified copy of the disposition of your case from the Clerk of Court, prepare a money order or cashier's check in the amount of $75.00, made payable to the Florida Department of Law Enforcement (FDLE); and send all the above to the Florida Department of law Enforcement.  Wait approximately 5-7 months.  The FDLE will determine then whether the charge is eligible or not, in their opinion, to be expunged.  After you receive a Certificate of Eligibility from the FDLE (assuming the charge is eligible), you then prepare a Petition to Expunge, Affidavit in Support of Petition to Expunge, and Order to Expunge and bring them, along with the certificate of Eligibility you received form the FDLE, to the Clerk of Court.  The Clerk of Court (depending on the jurisdiction where you live) will usually present the documents to the Judge.  The Judge will then review them and, if they meet with the court's approval, the order will be signed.  You will then receive a call from the Clerk of Court asking for a final payment before the case is officially expunged.

 

Do I need to seal or do I need to expunge?

 

As stated above, the expungement of a record renders the record destroyed and deleted among all criminal justice agencies (the clerk of court, police departments, court system, etc.  The FDLE does still keep a copy of the record but it is rendered confidential and inaccessible absent a court order.

 

The sealing of a record essentially hides it from public view, but it is still accessible to law enforcement and state agencies.  One would always prefer to expunge a case.  However, if expungement is not possible (because, for instance, the case was not dropped and instead adjudication was withheld) one would then attempt to have the case sealed.

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What is a Lawful Self-Defense Expungement? 

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If you were charged with a crime and the case was later dropped, or not filed on, because you acted in self-defense, you may be able to get the record of the case and arrest expunged.

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Can my case be expunged if I was the victim of human trafficking?

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If you were the victim of human trafficking and as a direct result of being a trafficking victim, were charged with a crime, you may be eligible to have the case expunged, even if you were found guilty of the charge.  If you were a victim of human trafficking and would like to learn more about expunging a record, see our page here.