Seals and expungement ATTORNEYS
ERASE YOUR CRIMINAL HISTORY
We assist clients in sealing and expunging their records throughout Florida. See below for more information.
Aggressive Advocates Lead To Satisfied Clients
See what others have to say about working with our firm.
If you ever need knowledgeable, compassionate and professional attorneys, call Landers & Sternberg to represent you. During the process, my son said he felt that the attorneys, Joseph and Parker, went above their call of duty. The outcome was successful whereby the case was dismissed. Thank you, Joseph and Parker, for a job well done. My son, family and I cannot thank you enough.
Yonnette P.
The Attorneys at Landers & Sternberg PLLC are attentive, knowledgeable, and what is most important to me is that they are honest about both the bottom line as well as potential outcomes of the case. They made my legal situation easier to bear with promptly addressing any concerns I had. Exceptional practice, one which I will continue to recommend to others and will be returning to if need be.
Mirand F.
Frequently asked questions
Common Questions on Seals and expungements
When it comes to expunging and sealing records, we get some very common questions, such as am eligible to get their criminal records sealed or expunged and what the difference is between seal and expunged? Below are answers to many of the most commonly asked questions about the sealing and expungement of criminal records.
A sealed criminal record cannot be viewed by the general public. While it is hidden from public search and view, certain law enforcement agencies are able to view sealed files. This is important because For example, if you picked up a criminal charge in the future, the sealed record could be used against you in sentencing.
An expunged record is the process by which your entire criminal file—e.g. arrest report and charges— is completely destroyed. When a record is properly expunged, there will be no record of the arrest, or that there was ever a charge. When a record has been expunged, most of the entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have access to the record itself without a court order. The response to a record search query from such an entity would be: “Criminal History Record Expunged Pursuant to Florida Statutes 943.”
In order to be eligible for an expungement, one of three things must occur.
The State of Florida decides to decline prosecution of your case before it goes to trial. This is commonly called a “nolle prosse.”
The court dismisses the charge or grants a motion for judgment of acquittal, or “JOA.”
The Defendant is given the opportunity to complete a court diversion program, such as drug court, and after a set period of time, either 6 months or 12 months, the charge is dismissed. This is also known as a “deferred prosecution.”
A record that was ineligible for expunction (but was eligible for a seal) may then be eligible after it has been sealed for 10 years.
Sealing of a criminal record is an option when someone pleads “no contest” or “guilty,” and while they may be found guilty, the court agrees to “withhold adjudication [Insert Link to Parker’s Blog article].”
A sealing takes approximately 5-6 months.
An Expungement takes approximately nine months during normal times. However, the Application for seal or expungement must be done properly or that will further delay the process. It will take longer than a seal because it must be processed by the State Attorney’s Office.
Even if adjudication is withheld, some crimes simply cannot be sealed or expunged. The list of these offenses are listed in Fla Stat § 943.0584, which include: arson, child abuse, carjacking, robbery, sexual battery, kidnapping, homicide, manslaughter, aggravated batter, and acts of domestic violence.
What Is The Process For A Seal or Expungement?
The first step is finding out if you are eligible for a sealing or expungement. At Landers & Sternberg PLLC, we usually recommend a background check for those who are not sure if they may have other past convictions that they may have forgotten about, perhaps in another state. Our firm will coordinate the background check and determine your eligibility for $75.
If there are no past convictions or disqualifying offenses we would begin the process.
If We Determine You Are Eligible:
We will send you a digital questionnaire with your specific and general information, the case and the charge(s). Then, we will complete the application with for you, which must be signed by you before a licensed notary. If an expungement is being sought, the application must then be turned into the local State Attorney’s Office in the county/circuit where the case begun. Attached to the application should be a certified court disposition which can be obtained for about $3 from the clerk’s office. The State Attorney’s Office may take about 45 to 60 days to process the application—they will either “not object” or “object” to the expungement.
Once the application is signed by the State Attorney’s Office, it must be sent to Florida Department of Law Enforcement (FDLE) to be processed. You must complete a fingerprinting card with your application, which must be completed at a Criminal Justice Agency. The petitioner must also include a money order or cashier’s check for $75 made out to FDLE for processing. The FDLE will process the application, which can take 6 months or more, depending on what time of year it is and other factors.
Steps After Receiving The Certificate of Eligibility:
If the FDLE approves of the application, you should be issued a “Certificate of Eligibility.” This certificate simply states that FDLE has determined the petitioner is eligible for an expungement. Nevertheless, only the Court can order a criminal file to be either sealed or expunged. Thus, a petition, an Affidavit and a proposed order need to be filed with the court in which the charge was disposed. A copy of everything needs to be provided to the State Attorney’s Office as well.
The State Attorney’s Office will then have an opportunity to object to the petition if they feel strongly that it should not be sealed or expunged. The judge would then sign the prepared order and it would be sent to the clerk’s office. Whether there is a hearing on a petition to expunge or seal is at the Court’s discretion.
In Orange, Broward and Seminole County, there are hardly ever hearings, while in Palm Beach County a hearing is always required for an expungement. Before the clerk will enter an order of expungement or sealing, they will charge a fee of around $75, and the cost of forwarding the order to all agencies which may have indicia of the charges. For example, this would include the arresting agency to expunge their records of your arrest, and Department of Corrections (D.O.C.) who in some cases will have probation records relating to an expunged or sealed case.
The Advantages After Sealing or Expunging a Record
The beauty of a seal or expungement is how you can respond to inquires about your criminal history. Therefore, after a seal or expungement of a record, you will be able to check the boxes: “Never been convicted” or “Never been arrested” on a job application or background check.
Nevertheless, there are five agencies that you are required by law to disclose your charges to if you are seeking employment with and/or through them. They include:
- Florida Bar (if you are applying to be an attorney)
- Dept. of Education (if you are applying to be a teacher)
- Any law enforcement agency, either State or Federal
- The Department of Health
- Any organization dealing with adolescents, the elderly or the disabled.
Disclosure: This page only addresses the sealing and expungement of criminal records in the state of Florida.
We’re happy to answer your questions about your eligibility of obtaining a seal or expungement. We can help you!