GETTING STARTED
Welcome to the Erase The Case FAQ page. Please select the topic from our list to learn more information.
FOUR STEP PROCESS
Step 1 – Fill out the Erase the Case expungement or sealing packet
Step 2 – Application for certificate of eligibility to Florida Department of Law Enforcement (FDLE)
Step 3 – File petition to expunge or seal with the court
Step 4 – Send notices that the criminal history record has been ordered expunged or sealed by the court
LENGTH OF PROCESS
The process usually takes between 3-6 months because:
Step 1 – Requires that:
• We receive the fingerprint card and the necessary documents signed, notarized and completed.
Step 2 – Requires that:
• The FDLE process the application among thousands of other applications.
• This is usually the number one source for why the expungement and sealing process takes months.
• For example, as of January 2019, the FDLE was processing applications from April 2018, and as of February 2019, the FDLE was processing applications from June 2018.
• The following link (FDLE’s website) provides the FDLE’s current application updates.
Step 3 – Requires that:
• The court in which the petition will be filed have availability in its docket to hold the hearing as soon as the petition is filed.
• In some circuits, this could be within a week and in other busier circuits, it could be in a few weeks.
Step 4 – Requires that :
• The Clerk of Court send the notices to the various criminal justice agencies and that in turn, these agencies update their systems.
Nevertheless, while the current length of the process is delayed by a few months, Erase the Case is currently leading the State of Florida in working with the various government agencies involved in the process, to allow for the electronic submission of the applications.
We are hopeful that soon enough, we will be able to cut down the entire process by a couple of months! Making Erase the Case one of the fastest, if not the fastest, record expungement and sealing law firm in the entire State of Florida.
In the mean time, one thing is for sure! Erase the Case uses top of the line technology to make the process as fast, efficient, convenient, and effective as possible!
EXPUNGEMENT
An expungement is the physical destruction of a criminal history record from the government’s public-record systems through a judicial petition process, making the record confidential (i.e., inaccessible) to the public or various government entities absent a court order.
Expungement means:
The physical destruction of a criminal arrest record.
The criminal arrest record is made confidential.
The criminal arrest record is made non-public.
(Other forms of use of the word expungement, include: Expunction, expunged, expungeable, expunging.)
SEALING
A record sealing does not physically destroy the criminal history record but instead places a legal restriction on the government’s public-record systems through a judicial petition process, making the criminal history record confidential and hence inaccessible to the public or various government entities absent a court order.
Sealing means:
The criminal arrest record is made confidential.
The criminal arrest record is made non-public.
The criminal arrest record is unavailable absent a court order.
Sealed records must be sealed for a minimum of ten (10) years before becoming eligible to be expunged.
This almost exclusively applies to cases whose disposition involved a withhold of adjudication.
(Other forms of use of the word sealing, include: Seal, sealed, sealable, sealing.)
CRIMINAL HISTORY RECORD
A criminal history record (also known as a “criminal arrest record,” “arrest record,” “criminal record” or “record”) is the electronic and written documentation of any incident a person has had with the criminal justice system, and they are divided into two forms: nonjudicial criminal history records and judicial criminal history records.
1. A nonjudicial criminal history record is the set of documents (i.e., records) maintained by the various executive branch criminal justice agencies in the State of Florida containing criminal history information related to arrests.
2. A judicial criminal history record is the set of documents (i.e., records) maintained by the judicial branch court administrators in the State of Florida containing criminal history information related to the court proceedings and dispositions stemming from an arrest or notice to appear.
Criminal records are created when either:
A person is arrested and fingerprinted;
A notice to appear is issued;
An indictment (also known as “true bill”) is issued;
An information is filed; or
Through some other charging document, the person was required to appear in court to answer for an alleged criminal matter.
Pursuant to Florida law, adult criminal history records are considered public records unless ordered expunged or sealed.
Records include all documents, writings, computer memory, and any other form in which facts are memorialized.
(Court orders involving expungements or sealings generally encompass both judicial and nonjudicial criminal history records.)
PUBLIC RECORD
A public record means all documents, papers, letter, photographs (including mug shots), or other material, regardless of physical form, made or received pursuant to law or ordinance or in connection with the transaction of official business by any government agency.
All public records are subject to Florida Statutes, Chapter 119.
The Public Records law is the reason why background check companies are able to purchase the public records and mug-shots of your arrest and offer it for sale via the internet! (that is, until you expunge or seal your record!)
DISPOSITION
A disposition means the details relating to the termination of an individual criminal defendant’s case with a criminal justice agency.
The following is a list of the most relevant types of case dispositions:
A. Acquittal by Court: judgment by a court finding the defendant not guilty (i.e., innocent).
B. Acquittal by Jury: judgment by a jury finding the defendant not guilty (i.e., innocent).
C. Adjudication of Guilt: Defendant was judged to have committed the crime and hence convicted.
D. Adjudicated Delinquent: Juvenile was judged to have committed the crime and hence convicted.
E. Conviction: Defendant is adjudicated guilty of having committed the crime as charged.
F. Dismissed: termination of court jurisdiction over a defendant in relation to criminal charges.
G. Dropped: criminal charges not pursued by prosecutor.
H. No Actioned: criminal charges not pursued by prosecutor.
I. Not Prosecuted (i.e., Nolle Prosequi): criminal charges formally abandoned by prosecutor.
J. Pre-Trial Diversion (PTD): an alternative to the prosecution of a misdemeanor criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.
K. Pre-Trial Intervention (PTI): an alternative to the prosecution of a felony criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.
L. Withhold of Adjudication or Adjudication of Guilt Withheld: Court decision to suspend entry of an adjudication of guilt.
• This is a legal fiction created by the Florida Legislature which doesn’t exist in many other states!
• It is a legal fiction because it allows a court to find a defendant guilty of a crime but for disposition purposes, the court can suspend the entry of guilt into the record and instead enter the disposition of the case as an adjudication withheld.
• Criminal History Records whose disposition involves a Withhold of Adjudication must first be sealed for a minimum of ten (10) years before they become eligible for an expungement.
COMPARABLE ORDINANCE VIOLATION
A comparable ordinance violation means a violation of a municipal ordinance (which can be a law, rule or regulation) that has all of the same essential elements of a statutory misdemeanor or felony criminal offense.
In other words, the ordinance is a local law, rule or regulation that is enacted by a local governing body (i.e., municipality) whose legal consequence is essentially the same any other criminal law in the state.
An example of a “comparable ordinance violation” would be as follows:
• The City of Jacksonville Beach has an ordinance which prohibits the possession or consumption of alcoholic beverages in public;
• A person in the City of Jacksonville Beach violates that ordinance by doing the prohibited act (i.e., consuming an alcoholic beverage in public);
• Should a police officer observe such a violation, the officer may briefly detain a person for violating this ordinance and issue a Notice to Appear (which essentially means the person must not only appear in court but that they now also have a criminal history record created from that “comparable ordinance violation”).
COURT OF COMPETENT JURISDICTION
A court of competent jurisdiction means any local, state or federal court with the legal authority to deal with the subject matter of the proceeding.
COURT HEARING
A court hearing means a proceeding before a court of competent jurisdiction.
DISSEMINATE
To disseminate means to transmit information, whether orally or in writing.
CASELAW
Caselaw is the entire set of judicial decisions or court rulings involving issues of law which require interpretation and guidance from the courts. These decisions or caselaw, are also known as judicial precedent or common law.
CREATING ARREST RECORDS
You have a criminal history record in the State of Florida if you have ever:
1. Been arrested and fingerprinted.
2. Been issued a notice to appear in court.
3. Been issued an indictment (also known as “true bill”).
4. Had an information filed against you.
5. Been issued some other charging document, requiring you to appear in court to answer for an alleged criminal matter.
AUTOMATIC EXPUNCTION & SEALING
Aren’t criminal history records deleted automatically if the charges in my case were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or if I was found not guilty (i.e., acquitted)?
No. Even when your case is thrown out of court through any of the above-mentioned favorable dispositions, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059.
What if I successfully completed Pre-Trial Diversion (PTD) or Pre-Trial Intervention (PTI), isn’t my criminal history record automatically deleted upon successful completion?
No. Even when you successfully complete all of the conditions imposed in your case through a pre-trial diversion program and where the case is ultimately nolle prosequi, dismissed or dropped, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059.
ONE EXPUNGEMENT FOR LIFE
Are all criminal history records (i.e., arrest records) capable of being expunged or sealed?
No. The first condition which may disqualify a person from receiving an expungement or sealing is if they’ve ever been convicted (i.e., adjudicated guilty) of any criminal offense or comparable ordinance violation in the State of Florida.
This is true even if there exist other cases whose disposition involved a dismissal, acquittal, abandonment, nolle prosequi, PTD, PTI, or no action.
• Remember: If convicted (i.e., adjudicated guilty) then cannot expunge or seal.
•In addition to never having been convicted in Florida, there are certain criminal offenses (i.e., “Dangerous Crimes”) which may not be expunged or sealed even if the disposition involved a Withhold of Adjudication. (See below for list)
• In other words, unless the person’s criminal charges were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or the person was acquitted (i.e., found not guilty or innocent), by pleading no contest (i.e., nolo contendere) or pleading guilty to any statutorily enumerated (or related) offense, the statute prevents that record from being expunged or sealed.
FLORIDA LEGISLATIVE BRANCHFor your convenience, below please find a list of the relevant Florida Statutes applicable to the expungement and sealing process.
1. Court-ordered expunction of criminal history records:
Florida Criminal History Record Expungement Statute – F.S. 943.0585 2. Court-ordered sealing of criminal history records:
Florida Criminal History Record Sealing Statute – F.S. 943.059 3. Administrative expunctions:
Florida Administrative Expunction of Non-Judicial Record – F.S. 943.0581 4. Criminal history records; access, review, and challenge:
Florida Correcting Records Statute – F.S. 943.056 5. Retention of criminal history records of minors:
Florida Juvenile Automatic Record Expungement Statute – F.S. 943.0515 6. Diversion program expunction:
Florida Juvenile Diversion Program & Expungement Statute – F.S. 943.0582 7. Dissemination of criminal justice information; fees:
Florida Dissemination of Criminal Justice Information Statute – F.S. 943.053 8. Human trafficking victim expunction:
Florida Human Trafficking Victim Expunction Statute – F.S. 943.0583 FLORIDA JUDICIAL BRANCH
Florida Rules of Criminal Procedure:
According to the Florida Rules of Criminal Procedure, all petitions seeking relief pursuant to the Florida Criminal History Record Expungement Statute – F.S. 943.0585 or the Florida Criminal History Record Sealing Statute – F.S. 943.059, must be made in accordance with the following rules:
• Rule 3.692 – Petition to Seal or Expunge. (See pages 215-217)
• Rule 3.989 – Affidavit, Petition, and Order to Expunge or Seal Forms. (See pages 384-391)
FLORIDA EXECUTIVE BRANCH
Florida Department of Law Enforcement (FDLE):
For your convenience, here is a link to the official FDLE Website for the Expunge & Seal Section where you can find:
• The most up-to-date updates on which months’ applications are being processed;
• The FDLE’s FAQs section; and
• Other relevant information:
• Florida Administrative Code:
Further below and for your convenience, you will find five (5) embedded documents which include the relevant Florida Administrative Codes that relate to the expungement and sealing process.
GENERAL BENEFITS
√ Make more money by getting the job you want!
√ You’ll have the legal right to deny that the arrest ever occurred, and best of all, it will be the truth!
√ Be worry free about people finding your mug shot!
√ Be worry free about people finding you on background check websites!
√ Apply to scholarships knowing you are squeaky clean!
√ Get better loan terms by showing you’re not a risk!
√ Get reduced insurance rates by showing you’ve never been arrested!
√ Get the fresh start you’ve wanted by erasing your criminal mistake!
EXPUNGEMENT BENEFITS
√ Increase chances of obtaining employment by cleaning your record.
√ Reduce the risk of being denied a housing or lease application by cleaning your record.
√ Get more favorable loans by showing you have a clean criminal history record.
√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.
√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.
√ Expunction orders issued by the court require that the relevant offices of the state attorney’s office, the arresting law enforcement agency and the sheriff’s office physically destroy their actual files.
√ The court’s order to expunge the criminal history record also requires the destruction of digitally stored information (Biometric information used to identify individuals such as DNA or fingerprints are however, excluded from this destruction).
√ Expunging a criminal history record changes the legal status of the record from being designated as a public record subject to Florida Statutes, Chapter 119, and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.
√ Nonpublic-records are afforded privacy law protections which restrict the internet’s background-check companies from being able to lawfully sell/publish the expunged criminal history records without facing the risk of facing a civil lawsuit for violating Florida’s privacy laws.
√ Expunged records allow a person to lawfully deny the expunged arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).
√ Once expunged, most of the government entities which would have access to a sealed record will be informed that the subject record has been expunged and would not receive access to the record absent a court order; the response to a record search from such an entity would be “Criminal History Record Expunged Pursuant to Florida Statutes 943.”
√ Live worry free that your past may ruin your future! You will be legally criminal record free!!!
SEALING BENEFITS
√ Increase chances of obtaining employment by cleaning your record.
√ Reduce the risk of being denied a housing or lease application by cleaning your record.
√ Get more favorable loans/financing terms by showing you have a clean criminal history record.
√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.
√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.
√ Record-sealing orders issued by the court require that the relevant offices of the state attorney, the arresting law enforcement agency and the sheriff’s office make the record confidential and prohibit them from disseminating the records to anyone absent a court order.
√ The court’s order to seal the criminal history record also requires the destruction of digitally stored information.
√ Biometric information used to identify individuals such as DNA or fingerprints are, however, excluded from this destruction.
√ Sealing a criminal history record changes the legal status of the record from being designated as a public record pursuant to Florida Statutes, Chapter 119 and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.
√ Nonpublic-records are afforded privacy law protections which restrict internet background-check companies from being able to lawfully sell/publish the sealed criminal history records.
√ Sealed criminal history records allow a person to lawfully deny the sealed arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).
√ Live worry free that your past may ruin your future! You will be legally criminal record free!!!
LAWFULLY DENYING ARRESTS
After a criminal arrest record is expunged or sealed, the record becomes non-public and hence designated as confidential. Consequently, if you were to be applying for a job (not listed below), you would have the legal right to deny or fail to admit that you were ever arrested for the expunged/sealed record and it would be telling the truth.
Alas, this benefit is not all encompassing. In other words, the Florida Legislature carved out a list of exceptions where a person must fully disclose that they’ve been previously arrest.
Again, yes, this means that you must be truthful about your criminal past even after your case was expunged or sealed. However, the list of exceptions is quite limited.
According to the expungement and sealing statutes – F. S. 943.0585(4)(a) and 943.059(4)(a) – a person must tell the truth about a previous arrest if he or she is:
a. Applying for employment with a law enforcement agency;
b. A defendant in a (new) criminal prosecution;
c. A candidate for admission into The Florida Bar;
d. Looking to enter into a contract with, or employed/licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice;
e. Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local government entity that licenses child care facilities;
f.Seeking to purchase a firearm from a licensed importer, licensed manufacturer or licensed dealer, and is subject to a criminal history check under state or federal law (this exception is only applicable to the sealing of criminal history records);
g. Requesting authorization by a Florida seaport as listed in Section 311.09, Florida Statutes, for employment within, or for access, to one or more of the seaports listed pursuant to Section 311.12, Florida Statutes;
h. Pursuing to be appointed as a legal guardian; or
i. Seeking a concealed weapons carrying license.
Erase The Case Fee
What does Erase the Case charge for a criminal record expunction or record sealing?
Flat Legal Fee:
$750.00 for one criminal history record expungement/sealing.
Government Cost of Process:
It is important to note that the record expungement or sealing process will involve costs which everyone must pay, such as:
•Court costs
• FDLE costs
•Mailing costs
•Fingerprint card costs,
•Notary costs.
These costs add up to somewhere between $150.00 to $300.00, depending on the case.
For more detailed information, see our Costs not included in fee page.
Other Firms' FeesWhat do other law firms charge?
Most law firms and attorneys charge anywhere from $895.00, all the way up to $2,000.00! and usually that amount only covers their legal fees… (It’s only after those exorbitant fees that they then charge you for the government processing costs).
Not to mention, they don’t make your life easy like we do. (See our Bottom line section for more details).
So why then do they charge so much? Are they better lawyers?
No, they are not better lawyers.
In fact, the reason they charge so much is simple.
Because these firms and attorneys specialize in other types of criminal cases, the majority of their income comes from other type of legal work.
So for them, expungements and sealings are a side gig because if they don’t charge an huge amount of money to do expungements and sealings, they are better off just doing other types of legal work.
In other words, they charge too much!
Not us! Erase the Case gets it. Record expungements and sealings are not a luxury, but a necessity.
Payment Options
What payment options are available?
The Law Firm accepts the following methods of payment:
• Credit cards
• Debit cards
• Electronic checks
• Money Orders
• Cash
If you are unable to pay the entire fee + costs all at once, Erase the Case offers payment plans of $99.00 per month.
Because this process can take 5 to 8 months, we offer you the ability to enter into a interest free payment plans so that you can start the expungement or sealing of your criminal case right away with very little money down.
Expedited Process
Can I pay more money to expedite the process, so I can receive my record expunction or sealing faster?
No. The reason the process currently takes so long is because three different government agencies have to perform their individual functions, they receive thousands of applications per year and they have yet to digitize the process.
Another reason why it takes so long is because currently, these government agencies are still not accepting electronic submissions (which makes the process way faster).
Furthermore, none of these agencies offer an expedited process for a premium price. Instead, they process the submissions on a first-come first-serve basis.
If anyone tells you they can get your case expunged/sealed faster than the current waiting time for FDLE Applications, they are lying to you.
Bottom Line
Erase The Case is a great value law firm
Without an attorney, the starting cost to expunge or seal a criminal history record in the State of Florida is between $150.00-$300.00. However, given the legal and bureaucratic hurdles, we strongly advise against this.
On the other hand, with an attorney Erase The Case attorney, you pay as low as $695.00 for the attorney legal fee.
That is, for only $695.00 more you will get professional legal counsel to attentively, aggressively and diligently handle all aspects of your criminal history record expungement or sealing matter.
Authority To Represent
Included in the Erase the Case expungement or sealing sign-up packet, you will receive a document that includes an “Authority to Represent” provision.
This document will allow us to legally represent you in court even in your absence, so you won’t have to waste your time.
After all, you didn’t hire us just to have your record expunged or sealed but to have the work done for you!
Our goal is not only to successfully expunge or seal your criminal history record as fast as possible, but to do all of the work for you.
All you have to do is sign and notarize the Application and the Affidavits, and then sit back and relax.
Erase the Case wants you to have peace of mind from the very beginning!
Court Hearings
Erase the Case’s one-time flat fee for record expungement or sealing services includes the attorney’s attendance at the petition/motion hearing to expunge or seal your criminal history record in court.
We want to make your life as easy as possible and save you time and energy so you can do other things for you!
Legal Research
We are highly qualified, professional licensed attorneys in the State of Florida with focused knowledge and experience on Florida law.
Even if you took our DO I QUALIFY? test and qualified, once you contract our Services, we will double-check just to make sure that you are not wasting your time or money.
We will conduct the necessary legal research to make sure there is no record floating around the State of Florida which may disqualify you from obtaining a criminal history record expungement or sealing. If for some reason, you thought you qualified but end up not qualifying, we will return your money back* minus applicable legal costs, expenses and fees.
*The full details, applicable conditions and limitations of our Money Back Guarantee are available upon request prior to contracting our services, in addition to being clearly outlined in our Representation Agreement.
Confidentiality & Privilege
The attorney-client confidentiality oath is the most sacred promise an attorney can make towards their clients. We live and breathe by this strict standard.
• We are here for you!
• To fight for you!
• To do good by you!
• To work for you!
• To bring you peace of mind!
• We are 100% committed to you.
24/7 Client Portal AccessErase the Case uses top of the line, cutting edge software to provide you with the best service we possibly can. Once you contract our services, we will provide you with a link to our client portal that will allow you to:
• Stay informed with live updates.
• Visually see the progression of your case from beginning to end.
• Write us should you have any questions or concerns about your case.
• And best of all, it is easy to use, safe, secure, and always at your fingertips.
Expungement RequirementsHow do I know if I qualify for a criminal record expungement?
Generally speaking, for your case to qualify for a criminal history record expunction, you must meet the following conditions below:
You received any of the following case dispositions:
• Acquitted
• Dismissed
• Dropped
• No Actioned
• Nolle Prosequi (i.e., Not Prosecuted)
• Successful completion of Pre-Trial Diversion (PTD)
• Successful completion of Pre-Trial Intervention (PTI)
If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).
You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.
You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.
There are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).
*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.
Please note that each and every case is unique. If you have specific questions about your case, Call Erase the Case today for a free professional consultation.
You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing.
Sealing RequirementsHow do I know if I qualify for a criminal record sealing?
Generally speaking, for your case to qualify for a criminal history record sealing, you must meet the following conditions below:
You received any of the following case dispositions:
• Acquitted
• Dismissed
• Dropped
•No Actioned
•Nolle Prosequi (i.e., Not Prosecuted)
•Successful completion of Pre-Trial Diversion (PTD)
•Successful completion of Pre-Trial Intervention (PTI)
If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’ listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.
You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.
It is important to note that there are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).
*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.
Because each and every case is unique, if you have specific questions about your case, Call Erase the Case today for a free professional consultation.
You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing.
Google Search
Within hours (or even minutes!) of being arrested, fingerprinted and having your mugshot being taken in jail, your public criminal history record is available for the entire world to see.
With a simple Google search, the public will see:
• That you were arrested.
• Your mugshot
• (Mugshots: Live feed from the entire State of Florida.)
• When you were arrested.
• Why you were arrested.
• For what you were arrested.
They will have access to your entire court docket showing every single entry about your case.
Not only are these embarrassing details about your life public but they could cost you your job, a pay raise, a scholarship, a housing application, and more.
Arrest Records For Sale
Because an arrest record (i.e., criminal history record) is a public record subject to Florida Statutes, Chapter 119, background search companies are legally allowed to sell your arrest record to anyone willing to pay. And make no mistake about it, people pay!
Within hours of having been arrested, these companies like beenverified.com (there are over 600 on the internet) will immediately add your record to their database.
What’s the big deal you might ask? (See Employers, insurance, loans & more to find out)
Employers, Insurance, & More
Employers:
If you ever apply for a job or have ever applied for one, it is more likely than not that your potential employer will or has run a criminal background search on you to see if you’ve ever been arrested.
Many people lose their jobs because of this or aren’t even called for an interview!
The worst your criminal history record, the less chances you have of having a good paying job!
Criminal arrest records usually result in less money in your pocket!
Insurance companies:
Insurance companies are very powerful business for good reason, they are in the business of measuring and taking on very little risk.
If you’ve ever been arrested, odds are insurance companies will not only find out but they will either charge you a higher rate (because arrested individuals appear to be more risky than people which have never been arrested).
You may not qualify to receive insurance from certain companies.
Your policy could be cancelled!
Your insurance rate could increase!
Schools and universities:
Schools and Universities can do find out about your arrest.
You could be suspended or even expelled from programs in some cases.
Scholarship grantors can find out about your arrest, which means you could lose the scholarship money you won or are applying for!
Landlords and condominium associations:
If you’ve ever applied for or are looking to apply for an apartment or house rental agreement, you can be sure landlords will perform a criminal background check.
Landlords are usually scared to rent to individuals with criminal records.
If you are already living somewhere, an arrest records could be in breach of your lease agreement and which could result in your eviction!
Condominium associations may reject your application to live in the condominium because of your arrest record.
Public housing:
Public housing involves government subsidies for living arrangements and an arrest record may inhibit your ability to live at a public housing project.
Business entities:
You could lose a contract or be in breach of your agreement due to your criminal arrest record!
Engaging in business is about trust and reassuring appearances, don’t let your criminal arrest record make you seem untrustworthy.
Other Important Questions
