Florida Juvenile Record Sealing Frequently Asked Questions

What can I do about my Florida juvenile charges?

For juvenile offenses, Florida has three avenues for expungement. The first way is an automatic expungement pursuant to Section 943.0515 of a juvenile record, at age 24 or 26, depending on prior history and arrest or conviction as an adult.

The second way calls for action when the juvenile was arrested “contrary to law or mistake” pursuant to Section 943.0581.

The third way is expunction by petition of some misdemeanors after successful completion of completed a pre-arrest, post-arrest, or teen court diversion program under Section 943.0582. An application for a juvenile diversion expunction must be filed within six months of completing the diversion program. After that time, the individual would have to apply for a regular sealing or expungement.

Once your record is expunged, it is as though the charge never existed.

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Why would I want to expunge my juvenile record?

Once your record is expunged, it is as though the charge never existed, which will ensure that no record of the case will appear on a background check which could hinder future employment opportunities.

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Will it still show up on my background check?

No. Your records are sealed so that the public cannot view the case.

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

Yes, it can be used as a part of a criminal investigation.

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Do I have to disclose it ever?

Yes, but only in limited situations. You must disclose the juvenile adjudication when you are a candidate for employment with a criminal justice agency. For all other purposes, a person whose record is expunged under this section may lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record.

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Why do I have a criminal history record when the charges against me were dropped/dismissed?

A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

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

You can truthfully say you were not convicted to any question for employment other than for employment with a criminal justice agency.

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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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What if I join the military?

If you want to join the US military, then it becomes a matter of federal law, not Florida state law. All branches of the military will want to know about your juvenile offenses, even if they have been expunged. There is still a risk of being discharged from the military if you don’t tell them and they later find out about it. It's always advisable to disclose that you had a conviction, but it was taken before a judge and he deemed it in the interest of justice to expunge/seal the record from public view.

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What if I want to become a police officer?

You must disclose the juvenile adjudication when you are a candidate for employment with a criminal justice agency.

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What if the new job wants to call the court or my probation officer?

Your probation officer and the court are required to say that they have no record of your arrest.

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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 juvenile adjudication off of your record.

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Do I have to go to court?

No, we go for you. 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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How long does the process take?

Typically, the case takes about four to five months.

We base our estimates of how long a case will take on how long the average is 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.

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Can it be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case 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 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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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price and a money back guarantee.

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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. 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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Does it matter if I pled guilty or no contest?

No, it does not matter. We can expunge your adjudication regardless of what you pled.

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What is the main reason that a request to expunge is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation and (5) not paying fines.

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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 do not believe that refiling would be successful then we may recommend the person wait longer to refile.

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Will FDLE notify the agencies involved with my case that the record has been sealed or expunged?

Once an order has been issued by the court to expunge your criminal history record they will send the order to the FDLE to expunge the records. We suggest allowing 30 days for this process. Once FDLE expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency or agencies involved with your case. The notification letter is to inform the agencies that FDLE has received and has complied with the order.

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Can I expunge or seal a later adult conviction if I have the juvenile case expunged?

Yes, the juvenile expungement does not make the adult case ineligible.

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Does the arresting agency or state attorney have to agree?

For an administrative expunction of a arrest alleged to have been made contrary to law or by mistake, the arresting agency or the state attorney of the judicial circuit in which the arrest occurred must agree to the expunction.

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What happens if one is convicted of a forcible felony after the age of 18 and has yet to expunge anything from the juvenile record?

If the minor is charged or convicted of a forcible felony after reaching the age of 18, the person’s record as a minor will be merged with the person’s adult record if the minor’s record has not been destroyed.

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Can I seal my traffic and parking violations?

No.

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Can anyone access my juvenile record once I have gone through the process of sealing it?

Yes, but only in limited situations. The criminal history record of a person whose record is expunged after successful completion of completed a pre-arrest, post-arrest, or teen court diversion program shall be made available only to criminal justice agencies for the purpose of determining eligibility for pre-arrest, post-arrest, or teen court diversion programs or when the record is sought as part of a criminal investigation.

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Will expungement clean up my DMV record?

Expungement does not affect your DMV records.

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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 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. This will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for a 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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Can I vote after this?

If you are eligible for your expungement then your civil rights were not taken.

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Will it help with immigration?

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

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Can I clear 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 restore my right to own a firearm?

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

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