Can I Expunge Or Seal My Court Case?

One of the most common fears known to man is the fear of being accused of a crime that one did not commit. Although the laws may say you are innocent until proven guilty, true crime shows, and narrative police dramas, have done a good job of vilifying defense attorneys and making it look like criminals normally get off on technicalities.

A criminal record can make it difficult to get credit, buy or rent a home or even get a job. What is worse is that getting accused of a crime can be just as damaging as being convicted of one. Court records are public records, so a person doesn’t necessarily even need your authorization for a background check or to see a record of your criminal case. Fortunately, there are some situations in which a criminal record may be able to be sealed or expunged.

Sealing and Expungement in Florida

Sealing and expunging of criminal records are considered very similar to one another in the state of Florida. Neither of these actions obliterates a criminal record. However, only certain parties will be able to see the records once they have been sealed or expunged. The public will not be able to see the records at all.

In most cases, you can legally deny that the records ever existed. The only exception to this rule is if you are applying for a license for a job from certain government entities.

There is a difference between sealed and expunged records. If a case is expunged, the files are destroyed except for a copy that is kept by the Florida Department of Law Enforcement which is not available to the public.  When a case is sealed, the files are not destroyed but literally sealed with tape.

There are a handful of situations in which these records can be viewed. If you are applying for a job with any public school or government-run organization that deals with children, to be a police officer, or to be an attorney, your records may be viewed by the appropriate government entity. For example, if you were attempting to get a license to practice law, the bar association could view your record. You are not allowed to deny that the sealed or expunged records exist in these cases.

What Circumstance Must Exist

The Sunshine State is notoriously conservative when it comes to crime. You cannot have a record expunged if you were convicted of a crime. One of the following circumstances must exist for an expungement.

• You were taken under arrest, but they did not file charges.
• A grand jury decided that there was not enough evidence to proceed.
• You were arrested and charged with a crime, but a judge dismissed the case.
• The prosecutor charged you but decided not to proceed.

If you want to have a record expunged, you must never have had a conviction of a crime. You can only have one case expunged ever. There are certain crimes considered so heinous that they cannot be sealed. Many of them are of a sexual nature.

Finding an Attorney

You should have the assistance of an attorney if you want to have a record sealed or expunged. According to Strolenylaw.com, it can take up to a year and is a fairly complicated process. You will have to fill out an application and pay a fee. You will also have to get the prosecuting attorney to sign your application. Your application will be processed by the Florida Department of Law Enforcement, which will forward it to a judge for approval or denial.

An attorney can help you argue for the expungement or the sealing. There is not usually a hearing, so the attorney will just meet with a judge to discuss your case.