If you’ve been arrested, if your arrest photo comes up in a Google search or if you’ve been denied employment because of your criminal record then you need to speak to an attorney about sealing or expunging your record. Attorney Williams has sealed or expunged cases for over 50 clients and will make sure your background is sealed or expunged as well. If you want your arrest photo off the internet, or if you need your record sealed for employment purposes, give Attorney Williams a call now.
Sealing or expunging your record will keep your record from being viewed by the public, colleges and universities, and potential employers. In addition, in most cases, once your record is sealed or expunged, you can answer “no” when asked whether you’ve been arrested in the past. However, under Florida Statute 943.0585(4)(a) and 943.059(4)(a), a person must still disclose the incident that has been sealed or expunged when he or she:
- is a candidate for employment with law enforcement;
- is a defendant in a criminal prosecution;
- is seeking admission to the Florida Bar;
- is seeking employment/licensing/contracting with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile;
- is seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, or any local governmental entity that licenses child care facilities;
- is attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to the criminal history check under state or federal law (this only applies to sealing of records);
- is seeking authorization from a Florida seaport identified in section 311.09, Florida Statutes, for employment within or access to one or more of such seaports pursuant to Section 311.12, Florida Statutes;
- is seeking to be appointed as guardian; or
- is seeking a concealed carry license.
Difference Between
Getting Record Sealed and
Getting Record Expunged
Getting your record sealed and getting your record expunged has the same practical benefit: your criminal record will be hidden from public view. That being said, when your record is sealed it still exists, but the Clerk of Courts and the arresting agency are ordered to seal the file from public view. When your record is expunged the file is destroyed so the file no longer exists (a confidential copy is retained by the Florida Department of Law Enforcement but no other agency retains a copy).
Eligibility
Certain offenses are not eligible to be sealed or expunged under Florida Statute 943.0585 and 943.059, regardless of whether or not adjudication was withheld. If you entered a plea, or if a verdict was rendered to one of the following charges then you are not eligible to seal or expunge your record (if the charge was dropped or otherwise dismissed, you are still eligible to seal or expunge any of the following charges):
-F.S. §393.135 – sexual misconduct with a developmentally disabled person;
-F.S. §394.4593 – sexual misconduct between an employee and a mentally ill patient;
-F.S. §787.025 – luring or enticing a child;
-F.S. §794 – sexual battery;
-F.S. §796.03 – procuring a minor for prostitution;
-F.S. §800.04 – lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
-F.S. §810.14 – voyeurism;
-F.S. §817.034 – Florida Communications Act Fraud;
-F.S. §825.1025 – lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person;
-F.S. §827.071 – sexual performance by child;
-Chapter 839 – criminal conduct by employees and officials;
-F.S. §847.0133-F.S. § – providing obscene material to minors;
-F.S. §847.0135 – computer pornography; traveling to meet a minor;
-F.S. §847.0145 – selling or buying minors;
-F.S. §893.135 – drug trafficking (controlled substances);
-any violation specified as a predicate offense for registration as a sexual predator pursuant to F.S. §775.21;
-Offenses specified in F.S. §907.041, including:
- arson;
- aggravated assault;
- aggravated battery;
- illegal use of explosives;
- child abuse or aggravated child abuse;
- abuse of an elderly person or disabled adult;
- aircraft piracy;
- kidnapping;
- homicide;
- sexual battery;
- robbery;
- carjacking;
- lewd, lascivious or indecent assault upon or in the presence of a child under 16;
- sexual activity with a child, who is 12 years of age or older but less than 18;
- burglary of a dwelling;
- stalking and aggravated stalking;
- domestic violence;
- home invasion robbery;
- act of terrorism;
- manufacturing any substances in violation of chapter 893, Florida Statutes; and
- attempting or conspiring to commit any such crime.
If you have questions about how to seal your record, or if you want to speak to an attorney about whether or not you qualify to have your record sealed or expunged, contact Attorney Williams now for a free consultation.