St. Petersburg expungement lawyer

Sealing vs. expunging a criminal record in Florida

Both remove a record from public view, but they work differently. When a record is sealed under section 943.059, the file still exists but is kept confidential. When a record is expunged under section 943.0585, criminal justice agencies destroy their copies. FDLE keeps one confidential copy that can only be opened by court order.

Which one you qualify for depends on how your case ended. Expunction is for cases where no charges were filed, the charges were dropped or dismissed, or you were found not guilty. Sealing covers cases where you pleaded guilty or no contest and the judge withheld adjudication, meaning you were never formally convicted. A case that was sealed for at least 10 years can later be expunged if you otherwise qualify.

In both cases, you can generally deny the arrest ever happened, on a job application or a lease form, without risk of a perjury or false statement charge.

Who can still see a sealed record

Sealed does not mean gone. Florida law lets these people and agencies see a sealed record: you, your lawyer, criminal justice agencies (including for firearm purchase background checks), and state court judges handling a case. Some employers and licensing boards also have access.

You also have to disclose a sealed or expunged record in certain situations, including when you:

• apply for a job with a law enforcement or other criminal justice agency
• apply for admission to The Florida Bar
• seek a job or license involving direct contact with children, the elderly or people with disabilities
• apply for a teaching or school job, or a license from the Division of Insurance Agent and Agency Services
• are a defendant in a later criminal case

A sealed record (but not an expunged one) must also be disclosed when you buy a gun from a licensed dealer or apply for a Florida concealed weapon license.

Can my record be sealed? Florida eligibility rules

To seal or expunge a record by court order, you generally have to meet all of these conditions:

• You have never been adjudicated guilty of a criminal offense in Florida. A single prior conviction, even for a misdemeanor, usually ends the inquiry.
• You were not adjudicated guilty of any charge from the arrest you want cleared.
• You are no longer on probation or under any other court supervision for that case.
• You have never had another record sealed or expunged by court order.
• The charge is not on the list of disqualifying offenses described below.

Expunction has one more step: the State Attorney's Office must sign a certified statement that the charges were dropped or dismissed. The short quiz below gives you a first read on whether your record might qualify. It can't replace a review of your actual court file, which we do at a free consultation.

Crimes that can't be sealed or expunged in Florida

Section 943.0584 bars sealing or expunction when you were found guilty or pleaded guilty or no contest to certain offenses, even if the judge withheld adjudication. The list is long. It includes:

• murder or manslaughter
• sexual battery or any offense that requires sex offender registration
• child abuse or abuse of an elderly or disabled adult
• aggravated assault or aggravated battery
• domestic battery or domestic assault
• stalking or kidnapping
• robbery, carjacking or burglary of a dwelling
• arson
• drug trafficking or manufacturing a controlled substance

A DUI conviction can't be sealed either, because Florida law doesn't allow a judge to withhold adjudication on a DUI. If your DUI arrest ended in a dismissal, though, that record may be eligible for expunction. This is one reason the plea you take in a criminal case can decide whether you can clean up your record later, and why we look at sealing eligibility before any client accepts an offer.

Automatic sealing for dismissed cases and acquittals

Section 943.0595 requires automatic sealing of some records. If no charges were filed, the charges were dismissed or dropped on every count, or you were found not guilty or acquitted on every count, the clerk sends the disposition to FDLE, which seals its record. The clerk then keeps the court file confidential. Forcible felonies and certain sex offenses are excluded.

Automatic sealing has two advantages. It doesn't count against your one-time limit, and there's no limit on how many times it can happen. The catch is that it only seals the FDLE record and the court file. The arresting agency, whether that's the St. Petersburg Police Department or the Pinellas County Sheriff's Office, doesn't have to seal its own records. Mug shot and background check websites may still show the arrest too. Many people with a dismissed case still choose a court-ordered expunction for that reason.

How to expunge a record in Pinellas County

The process has two stages. FDLE reviews your eligibility first, then the court decides:

1. Get a certified copy of the final disposition from the Pinellas County Clerk of the Circuit Court.
2. For an expunction, get the certified statement from the State Attorney's Office for the Sixth Judicial Circuit.
3. Have your fingerprints taken by a law enforcement agency, sign the FDLE application in front of a notary or deputy clerk, and mail the packet with the $75 processing fee.
4. Wait for FDLE's review, which typically takes about 12 weeks. FDLE does not expedite applications. The certificate of eligibility it issues is good for 12 months.
5. File a petition in Pinellas circuit court with the certificate and a sworn statement of eligibility, and serve it on the State Attorney and the arresting agency.

Even a qualified person has no automatic right to sealing. The judge has discretion to deny the petition, so it has to be complete and accurate. Doug Greenberg started his career as a state prosecutor, so he knows what the State Attorney's Office looks for when it reviews a petition, and we prepare each one with those questions answered. Once the order is signed, the clerk sends it to FDLE and the agencies that hold your records.