Record Expungement: Florida Statutes and Details on the Associated Processes

David Weisselberger | February 9, 2023

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Having a criminal history record can be quite a problem, even if you’ve put the bad days behind you. One of the challenges is that Florida law makes it incredibly easy to retrieve a criminal record. This applies as much to you as it does to those who may wish to collect information on any criminal offense that you may have committed in the past.

Job hunting, for example, may be severely impacted, as may attempting to secure housing. Even less formal and personal relationships can be adversely affected by your having a Florida criminal history record. Thankfully, people who qualify to have an arrest record sealed or expunged have a chance at getting a fresh start and another chance to do things right. Below is a look at how both processes work and how an experienced law enforcement agency can assist you.

Expunging a Criminal History Record

Section 943.045(16) of the Florida Statutes speaks to expunging criminal records and describes it as the physical destruction of same by criminal justice agencies. Any criminal history records handled this way no longer loom over your life. Note, however, that there is a confidential record retained by the Florida Department of Law Enforcement (FDLE). Its use is for limited reasons that the statutes outline.

To be eligible for the expungement of your criminal history record, you must meet the following conditions:

  • No other seal or expunge requests are pending before the court
  • No prior seal or expunge requests have been pursued for a Florida criminal record
  • No adjudicated guilty or delinquency element exists for the case the expungement is being requested for
  • No prior adjudicated delinquency state of any juvenile cases for criminal acts detailed in Florida Statutes Section 943.051(3)(b)
  • No information, indictment, or charging documents related to the case that is the subject of the expungement was filed; additionally, if the case was the subject of a noelle pros or was later dismissed, this counts

Provided these criteria are met, arrest records may potentially be expunged.

Florida statutes and laws

Sealing a Criminal Record

Sealing Florida criminal records is covered under Statute Section 943.045. It refers to sealing as the preserving of a criminal record in a way that prevents viewing to those who do not have the legal right to do so.

This is in contrast to when you have your criminal record expunged, which speaks to physical destruction. When you have your criminal history record sealed, it remains preserved but there is a boundary placed on who can access it. Additionally, there’s less of a battle against a state attorney. The eligibility criteria for having your record sealed are as follows:

  • No prior adjudicated delinquent state of any juvenile cases for criminal acts detailed in section 943.051(3)(b) of the Florida Statute
  • The charge in question is not under the Related Offenses Exclusion umbrella
  • The charge does not fall under disqualifying offenses (covered below)
  • No adjudicated guilty or delinquency element exists for the case the sealing is being requested for
  • No other seal or expunge requests are pending before the court
  • No prior seal or expunge requests have been pursued for a criminal record
  • Any prescribed probation or community control must have been completed and any court supervision must have been terminated

Sections 943.0585 and 943.059 of the Florida Statute indicate that certain offenses are not eligible to be sealed or expunged unless the charges were dropped or dismissed. These are as follows:

  • Sexual misconduct with a developmentally disabled person
  • Voyeurism
  • Drug trafficking
  • Florida Communications Fraud Act
  • Human trafficking
  • Sexual misconduct between employees and ill patients
  • Procuring minors with intent for prostitution
  • Lewd or lascivious offenses committed against persons less than 16 years old
  • Aggravated assault
  • Aggravated child abuse
  • Aggravated battery
  • Domestic violence
  • Illegal use of explosives
  • Indecent assault
  • Abuse of a disabled adult or elderly person
  • Aircraft piracy
  • Kidnapping
  • Sexual battery
  • Robbery
  • Carjacking
  • Stalking
  • Terrorism
  • Conspiracy to commit any of these crimes

Hire a Top-tier Criminal Justice Agency Today!

If you manage to prevent those who wish to access criminal records from finding yours by having them sealed or expunged, there are several benefits including peace of mind and the ability to carry out various aspects of life as normal.

Erase the Case has been helping Floridians with having a criminal history record sealed or expunged for many years. That’s the benefit of having an expert team of attorneys exclusively licensed in Florida.

You get the benefit of a lawyer who is quite familiar with the nuances of the system and its application process. For instance, an applicant must be fingerprinted either by one of several; authorized members of law enforcement agencies or other criminal justice agency.

Regain your peace of mind today by calling 1 (866) 372-7335 for an evaluation. Why continue to live with the worry of criminal offenses of the past looming over your shoulder?

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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.  
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  • google logogoogle reviews stars
    "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
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    "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. "
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