Sealing & Expungement
What does it mean to get my record sealed or expunged?
By having your record sealed or expunged, the record of your arrest and the case against you will be removed from public record. You will also be permitted to legally deny or fail to acknowledge that you were even arrested in most circumstances. By retaining our firm to represent you, we will represent you through every stage of the sealing / expunging process. We will first determine whether you are eligible before we charge you for your representation.
What is the effect of having my record sealed?
A sealed record is confidential and no longer a matter of “public record.” The record would only be available to you, your attorney, to a criminal justice agency for their respective criminal justice purpose, to the Florida Bar if you become a candidate for admission, to the Department of Children and Family Services or the Department of Juvenile Justice if you are seeking employment or seek to become a contractor or licensee of one of these agencies, or if you are seeking to become a teacher or seek other specified employment with the Department of Education, district school board or other local governmental entity which licenses child care facilities. Once your record is successfully sealed, you may lawfully deny or fail to acknowledge the arrest unless you are applying for or are the subject of one of the previously mentioned situations.
What is the effect of having my record expunged?
An expunged record is physically destroyed or obliterated by any Criminal Justice Agency having custody of such record. Any criminal history record in the custody of the Florida Department of Law Enforcement is retained pursuant to Florida Statue. The retained record is confidential and exempt from public record and not available to any person or entity except upon order of a court. Once you record is expunged, you may lawfully deny or fail to acknowledge the arrest covered by the expunction unless you are a candidate for employment with a criminal justice agency; you are the defendant of a subsequent criminal prosecution; you are concurrently or subsequently petitioning for a sealing or expunction; you are a candidate for admission to the Florida Bar; you are seeking employment of licensure or to contract with the Department of Children and Family Services or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly; or you are seeking to be employed or licensed by the Office of Teacher Education, Certification, Staff development, and Professional Practices of the Department of Education, any district school board, or any local governmental entity that licenses child care facilities.
Can I have all of my criminal offenses sealed or expunged?
The courts may only order sealing or expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity. Let us help you determine whether you are eligible for the sealing or expunction of your record free of charge. A criminal history involving a plea to a violation of any of the following sections may not be expunged:
Luring or enticing a child
Procuring person under 18 for prostitution
Lewd and lascivious upon or in the presence of a person under 16
Lewd and lascivious upon or in the presence of elderly or disabled
Sexual performance by a child
Offenses by public officers and employees
Protection of minors; prohibition of acts in connection with obscenity
Selling or buying of minors
Arson; Aggravated assault
illegal use of explosives
Child abuse or aggravated child abuse
Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult
Robbery ; Home invasion robbery
Lewd and Lascivious or indecent assault upon or in the presence of a child under 16
Sexual activity with a child 12 or older but under 18
Burglary of a dwelling
Stalking and aggravated stalking;
Act of domestic violence
Act of terrorism; or Attempting or conspiring to commit any such crime.
Am I eligible to get my record sealed?
If you have never been adjudicated guilty of a criminal offense; have not been adjudicated guilty or adjudicated delinquent for committing any act stemming from the arrest or criminal charge which you wish to seal; you have never secured a prior sealing or expunction of a criminal record; you are no longer under court supervision applicable to the disposition of the arrest or criminal charge which you wish to seal; and you did not enter a plea to one of the above listed offenses, you should be eligible to have you record sealed. Let us help you determine if you are eligible to have you record sealed, free of charge.
Am I eligible to get my record expunged?
If you have never been adjudicated guilty of a criminal offense; you have never been adjudicated guilty or adjudicated delinquent for committing any of the acts stemming from the arrest or criminal charge you wish to have expunged; you have not secured a prior sealing or expunction of a criminal record; if no charging document was filed or issued in the case; or if an indictment or information was filed, the charge was dismissed or nolle prosequi by the state attorney or statewide prosecutor or was dismissed by the court; and you did not enter a plea to one of the above listed offenses you should be eligible to have you record expunged. Let us help you determine if you are eligible to have your record expunged, free of charge.
Restoration of Civil Rights
If you have been convicted of a MISDEMEANOR or had an ADJUDICATION WITHHELD you may be eligible to have your record sealed or expunged and protect the privacy of your conviction.
If you have been convicted of a FELONY in Florida you may be eligible to receive a form of clemency that absolves you from all or part of the punishment that your conviction previously bestowed upon you. The eight types of clemency available are: a full pardon, a pardon without firearm authority, pardon for misdemeanor, commutation of sentence, remission of fines and forfeitures, specific authority too own, possess, or use firearms, restoration of civil rights and restoration of alien status under Florida law. The governor has the absolute discretion to deny clemency at any time, for any reason, and has absolute discretion to grant clemency at any time with the approval of at least two members of the clemency board.
Each type of clemency procedure is substantially similar, however there are different types of eligibility requirements for each different form. Some forms require the applicant to attend a hearing in front of the clemency board, while with other forms of clemency presence at the hearing is optional.
Full Pardon: this unconditionally releases a person from punishment and forgives guilt for any Florida convictions. It restores to an applicant all of the rights of citizenship possessed by the person before his or her conviction.
Pardon Without Firearm Authority: This releases a person from punishment and forgives guilt. It entitles an applicant to all of the rights of citizenship except the specific authority to own, possess or use firearms.
Pardon for Misdemeanor: This releases a person from punishment and forgives guilt.
Commutating of Sentence: This may adjust an applicant’s penalty to one less severe but does not restore any civil rights including the right to own, possess, or use firearms.
Remission of Fines and Forfeitures: This suspends, reduces, or removes fines or forfeitures
Specific Authority to Own, Possess, or Use Firearms: This restores to an applicant the right to own, possess, or use firearms, which were lost as a result of a felony conviction. No requests can be made if the conviction was in a federal or out-of-state court.
Restoration of Civil Rights in Florida: This restores a person’s civil rights, including the right to vote and receive certain state licenses, but does not include the right to own, possess, or use firearms. This does not relieve a person from any obligations imposed by law upon sexual predators or sexual offenders.
Restoration of Alien Status Under Florida Law: This restores rights to a person who is not an American Citizen that were lost due to a conviction, except the right to use, own, or possess firearms. This does not affect the immigration status of an applicant.