Can I Seal a Criminal Record in Florida?

David Weisselberger | February 9, 2023

DO I QUALYFY?
e-filing portal logo
national trial lawyers top 40 under 40 logo
bbb logo
florida bar logo
aba logo
shopper approved logo
lawpay logo

Life in Florida can be happy and enjoyable for many people, but it can also get a little complicated if you have a criminal history. As it happens in other states, people with an offense record have a hard time buying properties, asking for loans, and getting jobs.

That's because most people try to avoid any danger to their business or property, and they see people with criminal offenses under their names -regardless of what the offenses are - as threats to society. Fortunately, if you meet specific criteria, you can seal your offense records with no problem.

Whether you want to seal or expunge your Florida record, you have to consult your situation with a state attorney and see if you can ask for your offenses to be sealed or expunged. However, you can't ask a law enforcement agency to seal all criminal offenses, so you need to know some things about the process before getting into it.

You don't have to Google "seal criminal record in Florida." Read this page if you want to know how to seal your criminal offense record in Florida! The Florida Department of Law Enforcement has some of the most generous laws regarding this matter, so start your offense record sealing process as soon as you can!

What Does It Mean to Seal your Criminal History Record? Is It the Same as Expunging It?

Sealing your arrest records is not the same as expunging them; however, both processes give you similar benefits. When you seal your offense history, you are making it unavailable to the public.

If you seal your offense record, neither bankers nor companies can have access to it.

Regardless of that, individuals and entities that are legally authorized to access your records can do it with the permission of a judge. That means any criminal justice agency in the state can access your record.

However, you shouldn't worry about that unless you get involved in a new crime investigation that requires a criminal defense attorney or other legal entity to access offense records.

Expunging criminal records means destroying the offense record itself, so the only trace of it is a copy of the files that the Florida Department of Law Enforcement keeps for itself. Not all people who seal their records are eligible for expunction, but every minor who went through a juvenile correctional facility has its records destroyed when they get 21.

handcuffs and a gavel

When Can the Florida Department of Law Enforcement Seal My Criminal Offense History?

Sealing Florida records is not as easy as it seems since you need to meet specific conditions to be eligible to do it. For example, you can't seal or expunge a criminal history record pertaining to more than one arrest.

Everything related to sealing or expunging Florida criminal records is in the Florida Statutes, but we want to give you a brief overview of some situations in which you can't have your arrest record sealed, so you don't have to look it up yourself.

Naturally, not all offenses can be sealed from criminal history records. You can't apply for this process if you pled guilty for a crime in the past -as shown in the Florida Statutes, Section 943.051(3)(b) -, if you have more than a single arrest in your Florida Criminal Record, or if you want to seal disqualifying crimes listed in the Florida Statute.

Here are some of the disqualifying offenses for records sealing according to Florida Law:

 

    • Human Trafficking

    • Drug Trafficking

    • Aggravated Assault

    • Abuse of a Disabled Adult or Elderly Person

    • Abuse of a Disabled Person

    • If you are a sexual predator pursuant or any kind of sexual offender

    • If you are involved in sexual misconduct or any lewd or lascivious offenses committed to a developmentally disabled person

    • Aggravated child abuse

    • Domestic abuse or domestic violence of any kind

    • Sexual performance with a child

    • Violations of the Florida Communications Fraud Act

If you were involved in an arrest, alleged criminal activity, or any comparable ordinance violation mentioned before, you can't, under any circumstances, have your Florida criminal record sealed or expunged. That applies to Pinellas County and any other place in Florida.

Things to Take into Account About Having Your Criminal Record Expunged or Sealed

There are many other things you need to know about the entire process. Regardless of what you were accused of, if you were adjudicated guilty of such crime, you can't have a confidential record. The Florida Administrative Code allows lawful self-defense expungement, though.

Regardless of that, if the court withheld adjudication of your arrest, you may qualify to seal your records. These laws don't apply to out-of-state convictions.

Something that many people don't know is that some people can access criminal records if the person who sealed them is applying for a job in one of the following places:

 

    • Criminal justice agencies

    • Private or parochial school

    • Arresting agency

    • Local governmental entity

    • State attorney's office

    • Any university laboratory school

    • Juvenile prison

    • Law enforcement agencies

Conclusion

Whether you want to seal or expunge your records with a trial court, you can be put under court supervision. Although attorney fees can be expensive, we recommend you ask for legal advice if you want to go through this process. Keep in mind that the attorney-client relationship makes it impossible for lawyers to leak out anything you tell them.

Rate this post
best Florida expungement lawyers
David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
google reviews
  • google logo
    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
    Lee County
  • google logo
    "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. "
    Miami-Dade County
  • google logo
    "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!"
    Broward County
  • google logo
    "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything."
    Orange County
  • google logo
    "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you."
    Hillsborough County
  • google logo
    "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David"
    Palm Beach County
  • google logo
    "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue."
    Duval County
  • google logo
    "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case."
    Pinellas County
  • google logo
    "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process."
    Polk County
Click to see more reviews.
google reviews logoshopper approved logo
phone-handsetcrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram