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Florida Record Sealing Frequently Asked Questions Florida Flag

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What effect does sealing my record have?

Under Florida law, a sealed 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. Also, information regarding the criminal offense that was sealed is removed from the Criminal Justice Information System so that it does not come up on any background checks.  The only time the Florida Department of Law Enforcement (FDLE) may reveal the existence of a sealed 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

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.  Sealing seals the records so that the public cannot view the case.

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 and/or court case.

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.

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

Even though certain agencies will be able to see the sealed record, it will increase your chances of being hired because they will see that a judge granted the sealing of 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 can a sealed record be seen?

Even though the sealed record will be hidden from the public (will not be shown on any background checks) the Florida Department of Law Enforcement (FDLE) may reveal the existence of a sealed 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

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 records sealed.

Do I have to go to court?

Typically, no because we go 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. 

Will I need a hearing?

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

How long does it take? 

Typically, it takes six months to seal 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 the 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 sealed.

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 than you can expunge that same case but you can’t seal or expunge multiple cases.

What if I would rather have it expunged?

Unfortunately, you cannot have it expunged unless it is sealed for ten years first.

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 Florida?

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 “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 “withholding 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 (nolle prossed) can be expunged. An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged.

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.   Please view the pricing for details regarding the payment plans.

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.

What happens after my case is sealed?

You will receive a court order signed by the judge sealing your records.  Public criminal record databases and the FDLE will be updated to reflect your records were sealed

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.

How do the agencies know it is granted?

Once the court grants the sealing, 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 seal to the FBI.

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

Sealing 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.

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.

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 believe that an appeal of the decision will be beneficial then we will determine if that is what should occur next.

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 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.

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 sealing then your voting rights have not been 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.

Can I seal 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.

Will this restore my right to own a firearm?

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

SERVING ALL OF FLORIDA

Call us 561-515-1276 or Toll Free 877-573-7273
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Higbee & Associates
301 Clematis Street Suite 3000
W. Palm Beach, FL 33401
*By Appointment Only