Sealing and Expunging Records Tampa, FL

Sealing and Expunging Records Tampa, FL

Sealing or Expunging Your Record in Florida

 

EXPUNGING RECORDS IN FLORIDA

As a general rule, criminal court and arrest records are public. That means anyone can go to online and find out if someone’s ever been arrested, charged, or convicted of a crime.

To maintain their privacy and avoid problems with potential employers, persons with prior brushes with the law may want to expunge their records.
Expunging records in Florida means that the record of your criminal arrest is physically destroyed.  The Florida Department of Law Enforcement retains only one copy and that copy is not accessible to the public.

In order to qualify for expunging records in Florida, you must meet the following eligibility criteria:

  1. You have never previously sealed or expunged a criminal arrest record.
  2. You have never been adjudicated guilty of a criminal offense nor adjudicated delinquent as a juvenile for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.
  3. You were not adjudicated guilty of the offense for which you are seeking expungement.
  4. You are not currently under court supervision.
  5. The criminal arrest record you are seeking to seal is not an ineligible offense (ineligible offenses include: a plea of guilty or no contest to charges of aggravated assault, aggravated battery, burglary of a dwelling, domestic violence, stalking, drug trafficking, and drug manufacturing).

Also, in order to have a criminal arrest record expunged in Florida, one of the following has to apply:

  1. The arrest record you are seeking to expunge has been sealed for at least 10 years.
  2. You were arrested, but the State Attorney’s Office did not charge you.
  3. The State Attorney’s Office charged you, but those charges were dropped by the prosecutor or dismissed by the court (this includes dismissal through the completion of a pretrial diversion program).

A person who has expunged records in Florida may lawfully deny the arrests covered by the expunged record, except when the person is:

  1. A candidate for employment with a criminal justice agency;
  2. A candidate for admission to The Florida Bar;
  3. Is seeking a job with a state agency that involves having direct contact with children, the disabled, or the elderly;
  4. Is seeking to be employed or licensed by the Department of Education, any district school board, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
  5. Is seeking to be licensed by the Division of Insurance Agent and Agency Services; or
  6. Is seeking to be appointed as a guardian

However, with respect immigration issues it’s very important that you consult with an experienced immigration attorney before making any statement about a record that has been expunged.

 

SEALING RECORDS IN FLORIDA

As a general rule, criminal court and arrest records are public. That means anyone can go to online and find out if someone’s ever been arrested, charged, or convicted of a crime.

To maintain their privacy and avoid problems with potential employers, persons with prior brushes with the law may want to seal their records.

Sealing records in Florida means that the courts and criminal justice agencies retain the record of your criminal arrest, but the records are not accessible to the public.

In order to qualify for sealing records in Florida, you must meet the following eligibility criteria:

  1. You have never previously sealed or expunged a criminal arrest record.
  2. You have never been adjudicated guilty of a criminal offense nor adjudicated delinquent as a juvenile for committing a felony or a misdemeanor specified in section 943.051(3)(b), Florida Statutes.
  3. You were not adjudicated guilty of the offense for which you are seeking sealing.
  4. You are not currently under court supervision.
  5. The criminal arrest record you are seeking to seal is not an ineligible offense (ineligible offenses include: a plea of guilty or no contest to charges of aggravated assault, aggravated battery, burglary of a dwelling, domestic violence, stalking, drug trafficking, and drug manufacturing).

A person who is sealing records in Florida may lawfully deny the arrests covered by the sealed record, except when the person is:

  1. A candidate for employment with a criminal justice agency;
  2. Is a candidate for admission to The Florida Bar;
  3. Is seeking a job with a state agency that involves having direct contact with children, the disabled, or the elderly;
  4. Is seeking to be employed or licensed by the Department of Education, a district school board, a university laboratory school, a charter school, a private or parochial school, or a local governmental entity that licenses child care facilities;
  5. Is attempting to purchase a firearm;
  6. Is seeking to be licensed by the Division of Insurance Agent and Agency Services;
  7. Is seeking to be appointed as a guardian; or
  8. Is seeking a concealed weapons or concealed firearm permit.

However, with respect immigration issues it’s very important that you consult with an experienced immigration attorney before making any statement about a record that has been sealed.

Are you looking for the best lawyer to seal and expunge your record in Tampa Florida? Contact Attorney David C. Hardy.

Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons looking to seal and expunge their records.  He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling all types of seal and expunging of records cases.

If you or a loved one is looking to seal and expunge their record in Hillsborough County Florida, Pinellas County Florida, or Pasco County Florida, contact  Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.