Did you know that if you have ever been arrested and even if you were never formally charged or your case was dismissed or you were found not guilty, the record of your arrest and court case is still out there? It’s PUBLIC RECORD.

Many people believe a criminal record is automatically sealed or will just go away over time. NOT TRUE. It remains public and permanent until ordered sealed or expunged by a judge.

Florida law allows a person who has never been convicted (adjudicated) of a crime and who has never received a previous record sealing or expunction to request that the court seal or expunge non-judicial records (police and corrections records) and judicial records (court case records). That means all records of your arrest and/or subsequent court case are removed from the public record!

Benefits of Sealing or Expunging Your Record...

• The record of your arrest and/or subsequent court case is no longer public record!
• This allows you to LEGALLY deny or fail to acknowledge that you were arrested for the incident that you have sealed or expunged.
• Protects your privacy and may allow you to take advantage of job, school, housing, and other financial opportunities once unavailable to you because of your arrest being a part of the public record.

How Does one Qualify?

In order to qualify for a records sealing or expunction you must meet the following criteria:

• You have never been found guilty of a misdemeanor, felony, or comparable ordinance violation either as an adult or a juvenile.
• You never secured a prior criminal history record sealing or expunction.
• You are not currently under court supervision such as probation, community control, etc.
• You received a withhold of adjudication and the crime of which you were accused isn't one of the crimes listed as an "exception" under the Florida Statutes. (However, if charges were never filed, or if they were dismissed, or if you were found not guilty, then you can expunge the record even if your crime is listed as an “exception”).

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What’s the Difference Between Sealing and Expunging?

Sealing your record means that all police, state attorney, other agency, and court records are physically sealed and put away in a vault so that no one without a court order may have access to them. Your information regarding the charge is removed from the Criminal Information Justice System (CJIS) and the record will not appear in any background check relating to you. After 10 years of having your record sealed, you may ask the Court to expunge (destroy) the record. If you received a withhold of adjudication you can only seal your record assuming you qualify.

Expunging your record means that it is physically destroyed. Only one copy of your record is retained by the Florida Department of Law Enforcement and that copy is not viewable by anyone without a court order. In addition, information regarding the charge expunged is removed from Criminal Justice Information System (CJIS) so that it does not appear on any background checks.

No agency is allowed to say that you even had a record sealed or expunged or the person divulging the information may be charged with a first degree misdemeanor.