Expungement

Choose Your State

Expungement Lawyer

Success Stories

  • Getting my record clear has been the biggest blessing. I hold my head high as I apply for jobs.
    - J. Turner
  • I wish I would have done this years ago... Your service and professionalism are superb.
    - M. Brown
  • The expungement process was quick and simple and I was very satisfied with their efforts. Thank you!
    - A Foltz.
  • RecordGone.com secured me a fast and easy expungement even though I no longer lived in the state. I was kept informed the entire time and they delivered better then promised.
    - R. Wilson

Florida

Expungement Answers

What effect does sealing or expunging my record have?

Under Florida law, a sealed or expunged criminal record is confidential and not subject to disclosure by any State or Federal agency who possesses it. A criminal justice agency that possesses your criminal record is not allowed to say that you even had a criminal record, or that it was sealed or expunged. Also, information regarding the criminal offense that was sealed or expunged is removed from the Criminal Justice Information System so that it does not come up on any background checks. The only instance in which the Florida Department of Law Enforcement (FDLE) may reveal the existence of an expunged record to the following parties if an individual is applying to them for employment or a professional license:

What is the difference between Sealing and Expungement of my records?
The main difference is public accessibility. Sealing does not require certain agencies to actually “destroy” their records whereas a court order expunging records does. Once sealed, the public will not have access to the person’s criminal record (except for government officials). Both sealing and expunging a record removes the information from public records. Both require that the information be made confidential. Expungment goes one step further and physically destroys the records of arrest. Once expunged, the only way to a person from the public can access an expunged record would be through a court order.

Will it still show up on my background check?
No. Expungement seals the records so that the public cannot view the case.

Can the public access a sealed record easier than an expunged record?
No. Both procedures remove all information regarding the sealed or expunged record from the public view. A court order is necessary before a court record can be unsealed after a sealing or expungement has taken place.

When must an expunged record be divulged?
Even though the expunged record is destroyed and unavailable to the public (meaning it will not show up on any background checks) the Florida Department of Law Enforcement (FDLE) may reveal the existence of an expunged record to the following parties if an individual is applying to them for employment or a professional license:

How long does it take?
Typically, it takes four to six months to expunge a criminal record.

Can it be done faster?
The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed.

Can I seal or expunge more than one case?
No, you can only seal or expunge one case. If you have a case sealed for ten years than you can expunge that same case but you can’t seal or expunge multiple cases.


I had multiple charges from one arrest, can I seal or expunge them all?
Yes, if they stem from the same criminal episode and you were not convicted of any of the charges.

What if I had a criminal history of another state sealed or expunged then am I eligible in FL?
Yes, but only if the record was sealed or expunged by operation of law with no court order or petition by the defendant.

What is the difference between “adjudicated guilty” and a “withhold” of adjudication?
When you enter a plea to an offense the judge can either adjudicate you guilty (if an adult), adjudicate you delinquent (if juvenile), or “withhold adjudication” of guilt or delinquent. Only charges that were either dropped or had a “withhold of adjudication” can be expunged or sealed.

In Florida a defendant can be found guilty of an offense but not be “convicted” of it. When a judge “withholds” adjudication of guilt the defendant is not “convicted” although he or she is still “found guilty” of the offense. Being “found guilty” and being “adjudicated guilty/delinquent” are two separate things.
Offenses that have adjudication “withheld” may be eligible for sealing. Offenses that were dropped or dismissed or nolle prosequi (nol prossed) can be expunged. An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged.

What if I don’t know exactly what is on my record?
We will be glad to work with you to get a copy of your record and to review what can be done. We charge $250 per hour to do it and we apply that to the cost of any service that you hire us to perform.

Can I expunge my federal conviction?
You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

Do I have to go to court?
No. We are licensed attorneys so we go to court for you. However, in order for the attorney to appear in court for you, we charge $250/hour. Hearings are rare and we are typically able to have the case granted without a hearing.

When is there a hearing?
Typically, the judge only requests a hearing in extremely recent cases.

How long does it take for the records to be updated?
The court updates the court records within 48 hours and the agencies have up to 60 days to update their records. However, the agencies typically update their records before the 60 days expire.

How do the agencies know it is granted?
Once the court grants the expungement, the clerk of the court sends certified copies of the order to the prosecuting attorney, arresting agency, and any agency to which the court disseminated the criminal history information to. The arresting agency then sends the order to any other agency to which the arresting agency disseminated the criminal history information to. Additionally, the Florida Department of Law Enforcement forwards the order to expunge to the FBI.

What are the details of the guarantee?
Unfortunately, we are not able to offer a money back guarantee for FL cases due to the amount of work that our law firm performs on each case.

Do you have payment plans?
We can create a payment plan that meets your needs. We typically spread payments into equal amounts over 60 days, but in some instances, we can spread them out further.

Why are cases denied?
If it is denied, it is usually because the criminal history reflects (1) the person has been convicted or adjudicated guilty of any felony or misdemeanor, (2) a prior sealing or expungement, (3) a pending petition to seal or expunge, or (4) that some or all of the charges related to the arrest or case were not dismissed prior to trial, adjudication, or the withholding of adjudication.

Can I visit Canada after this?
If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) you may be prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so the Canadian government will have access to whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check or for entrance into Canada. At a minimum, this will show the Canadian government that the matter was resolved and no longer considered a conviction. In some cases, it will take in entirely out of the view of Canadian immigration officials.  Either way, clearing your record improve the odds of not being denied entry to Canada or being stuck at the border for lengthy and embarrassing interrogation.

Can I get a Sentri pass?
The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

If I had my civil rights restored, does my criminal history disappear?
No. Persons who have been convicted of a felony (which causes a loss of civil rights) aren’t eligible for a seal or expungement of their criminal history, regardless of restoring civil rights.

Can I vote after this?
If you are eligible for your expungement then your voting rights are not taken away and you can currently vote.

Will it help with immigration?
It can still be viewed and considered when determination your immigration; however, it will appear better and may increase your chances during the immigration proceedings.

Will this clear my FL Department of Highway Safety and Motor Vehicles record?
Expungement does not influence your driving record; however, that record, unlike your criminal history, only lasts for a certain period of time and the record will disappear after that period of time.

Will this restore my right to own a firearm?
If you are eligible for your expungement then your gun rights are not taken away and you can currently own or possess a gun.

Expungement Eligibility
FREE Eligibility Check

SERVING ALL OF FLORIDA

301 Clematis Street Suite 3000
W. Palm Beach, FL 33401
(561) 515-1276
or Toll Free 877-573-7273
Please take the free online eligibility test before calling