Florida Expungement Frequently Asked Questions

What effect does expungement of my record have?

Under Florida law, an 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 had a criminal record, or that it was expunged. Also, information regarding the criminal offense that was 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, but not the details of the record, to the following parties if an individual is applying to them for employment or a professional license:   - 1. A criminal justice agency - 2.     The Department of Juvenile Justices, Department of Children and Family Services, Agency for Health Care Administration, Agency for Persons with Disabilities - 3.     A contractor or licensee dealing with children, the developmentally disabled, the aged, or elderly - 4.     The Department of Education, district school board, university laboratory school, charter school, private or parochial school, or local governmental entity that licenses child care facilities
- 5.     The Florida Bar

The existence of an expunged record could also be disclosed if: - you are a defendant in a criminal prosecution - you are seeking authorization from a FL seaport for employment within or access to one or more of such seaports

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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 through criminal justice agencies (except for government officials). Both sealing and expunging a record removes the information from public criminal justice agency 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 for the public to access an expunged record would be through a court order.

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Will it still show up on my background check?

No.  Expungement seals and destroys the records so that the public cannot view the case.

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Can it still be used against me for a future conviction?

Yes.  If you are ever prosecuted for a crime in the future, upon being asked you are legally required to disclose the arrest.

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Do I have to disclose it ever?

Yes, under certain limited circumstances.  These include (but are limited to) if you are (1) ever applying for employment with a criminal justice agency in Florida, (2) a defendant in a future criminal case, (3) in any future petitions for sealing or expungement, (4) applying for admission to the Florida Bar (to become a lawyer), (5) applying for employment or a license with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice,  or for any other position having direct contact with children, the developmentally disabled, or the elderly, (6) employment or licensing with an educational institution or school board, or (7) attempting to purchase a firearm.

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Can I become a schoolteacher, nurse, or other occupation?

Even though certain agencies will be able to see that you have had a record expunged but it will increase your chances of being hired because they will see that a judge has granted the expungement of the case.

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What if I want to work in a bank?

Section 19 of the FDIA (Federal Deposit Insurance Act) allows banks and other financial institutions to bar prospective employees who have had certain “Breach of Trust” convictions from jobs that they are otherwise qualified for even if they had the conviction expunged. If you have a “breach of trust” conviction and were denied a job with a financial institution because of that conviction, there still is another possible way to obtain that job. It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.

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Can the public access a sealed record easier than an expunged record?

No. Both procedures remove all information regarding the sealed or expunged criminal justice agency's 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.

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Can an expunged record be seen?

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, but not the details of the record, to the following parties if an individual is applying to them for employment or a professional license:   1.     A law enforcement agency 2.     The Department of Juvenile Justices 3.     A contractor or licensee dealing with children 4.     The Department of Education 5.     Any public school 6.     Any private school 7.     The Florida Bar

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Do I need to hire an attorney or can I do it myself?

You have an attorney to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay, (2) handle objections from the district attorney, (3) send an attorney to court to argue the case if need be, and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record.

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Do I have to go to court?

Typically, no because our attorneys attend for you.  However, certain courts request the presence of the defendants.  If the court requests your presence and you are unable to make it then we will request for your presence to be excused.

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How does the attorney know about my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answers the better we are able to argue the case in your favor.

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Will I need a hearing?

Typically, hearings are not required.  However, a few counties specific counties tend to hold hearings. Most of the time, if a hearing is held, it is due to the case involving a serious offense or if the case is extremely recent.

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How long does it take?

Typically, it takes six months to expunge a criminal record.

We base our estimates of how long a case will take on the average for that service in that state. However, some cases can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

Additionally, if you have another case we may have to obtain documents from the other case to demonstrate that you were not convicted. It may add around a month to the process in order to obtain that documentation from the other case. If time is a concern for you then you can supply the case documents if you have them to our office so that we do not have to wait for the court to supply them.

Lastly, Palm Beach county takes an additional two to three months due to the District Attorney requiring more time to process applications. This only applies to expungements.

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Can it be done faster?

The FDLE and courts work on a first-come, first-serve basis.  Therefore, the sooner you sign up, the sooner your case is heard and decided.  If it helps, we would be happy to write a letter to your employer or potential employer to let them know we have reopened the case and are in the process of having it expunged.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case or cases. You will have a user name and password for the account and it will have the information specific to the case. Whenever anything happens in your case we post it in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, it can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print it.

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Can I seal or expunge more than one case?

No, you can only seal or expunge one case.  If you have had a case sealed for ten years, you can expunge that same case but you cannot seal or expunge multiple cases.

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I had multiple charges from one arrest, can I seal or expunge them all?

Yes, as long as they stem from the same criminal episode and you were not convicted of any of the charges.

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What if I had a criminal history of another state sealed or expunged then am I eligible in Florida?

Yes, but only if the record was sealed or expunged by operation of law with no court order or petition by the defendant.

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What is the difference between “adjudicated guilty” and a “withholding” 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 delinquency.  Only charges that were either dropped or had a “withholding 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 (nolle prossed) can be expunged. An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged.

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What are the details of the guarantee?

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

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Do you have payment plans?

We can create a payment plan that meets your needs.  Please view the pricing for details regarding the payment plans.

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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 to help you.  We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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What happens after my case is expunged?

You will receive a court order expunging your records.  Public criminal record databases and the FDLE will be updated to reflect your records were expunged.

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How long does it take for the records to be updated?

The court updates their 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.

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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.  The arresting agency then sends the order to any other agency to which the arresting agency disseminated the criminal history information.  Additionally, the Florida Department of Law Enforcement forwards the order to expunge to the FBI.

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Will this clear my Florida Department of Highway Safety and Motor Vehicles record?

Expunging 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.

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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, (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, or (5) the judge can also deny a case due to the nature of the offense.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed.  If we believe that an appeal of the decision will be beneficial then we will determine if that is what should occur next.

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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 into Canada 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 the same information as the United States. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a pending case or conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

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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.

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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.

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Can I vote after this?

If you are eligible for an expungement then your voting rights have not been taken away and you can currently vote.

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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.

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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.

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Will this clear my Florida 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.

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Will this restore my right to own a firearm?

If you are eligible for an expungement then your gun rights have not been taken away and you can currently own or possess a gun.

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