Sealing And Expungement: How To Legally Erase An Arrest From Your Record
Many people are shocked to learn that even if they were able to avoid conviction after being arrested, it does not mean the arrest is automatically removed from their record. Your arrest still may show up on basic background checks, and the records remain in the court’s system.
The good news is you can legally have your record sealed or expunged. At Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law, our team of lawyers has helped hundreds of people achieve the sealing and expungement of criminal records.
What Is The Difference Between Sealing And Expungement?
You are eligible for expungement only if your charges were dropped or if you were acquitted at trial. You are not eligible if your case was disposed of by a plea. If you have no prior convictions and your charges were either dropped or you were acquitted, you are eligible for an expunction of your record. This is regardless of the crime for which you were arrested.
By contrast, you can seek the sealing of your criminal record even if you have pleaded guilty or no contest. However, you may only do so if you received a withhold of adjudication for the charge. Unlike with an expungement, there are crimes that cannot be sealed under Florida law.
Exceptions For Sealing And Expungement
When you have received a sealing or expungement, you can lawfully deny that an arrest occurred. However, some crimes cannot be sealed or expunged. These include:
- Engaging in sexual misconduct with a person with a disability
- Luring or enticing a child
- Child pornography
- Distributing obscene materials to children
- Child sex trafficking
- Violations of the Florida Communications Fraud Act
- Voyeurism
Here are two more things to remember. If you have ever been convicted, you are not eligible for sealing or expungement. You can seek to seal or expunge only one arrest in your lifetime.
How Long Does The Sealing Or Expungement Process Take In Florida?
The sealing or expungement process in Florida typically takes six to nine months from application to completion. This includes obtaining a Certificate of Eligibility from the FDLE, filing a petition with the court, and awaiting the judge’s final order. Our attorneys can help you manage this process efficiently.
What Are The Costs Involved In Sealing Or Expunging A Criminal Record?
Sealing or expungement costs include FDLE processing fees (approximately $75), court filing fees (typically $42-$75 depending on the county), and legal representation fees. Our firm offers transparent pricing and can discuss payment options during your initial consultation.
How Will Sealing Or Expunging My Record Affect Employment Opportunities?
Once your record is sealed or expunged, you can legally deny the arrest when applying for most private-sector jobs. This can significantly improve employment prospects, though certain government positions and professional licensing boards may still have access to sealed records.
Don’t Let A Past Arrest Define Your Future
Time is of the essence when seeking to seal or expunge your record. With only one opportunity for sealing or expungement in your lifetime, ensure it’s done correctly the first time. At Sheppard, White, Kachergus, & DeMaggio, P.A., our experienced attorneys will guide you through every step of this critical process.
If you’re ready to clear your record and move forward with your life, call us anytime at 904-701-0589 or contact us online. Our after-hours number is 904-233-2443.