Understanding the Difference Between Sealing and Expunging
In Florida, sealing and expunging are two distinct processes for handling arrest records. Sealing an arrest record means that the record is no longer publicly accessible, but it still exists and can be viewed by certain authorized parties. Expunging, on the other hand, means that the record is completely destroyed, as if the arrest never occurred.
To be eligible for either sealing or expunging, an individual must meet specific criteria, including not having been adjudicated guilty of a crime, not having any prior expungements or sealings, and not being under current prosecution for a crime.
Eligibility Requirements for Sealing and Expunging
To seal an arrest record in Florida, the charges must have been dropped or dismissed, or the individual must have been found not guilty. Additionally, the individual must not have been adjudicated guilty of a crime, unless it was a misdemeanor and the individual has completed a diversion program.
For expungement, the individual must meet the same eligibility requirements as for sealing, and the charges must have been dropped or dismissed, or the individual must have been found not guilty. The individual must also not have any prior felony convictions, unless they have been expunged or sealed.
The Sealing and Expunging Process in Florida
To seal or expunge an arrest record in Florida, an individual must first obtain a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). This involves submitting an application and paying a fee.
Once the certificate of eligibility is obtained, the individual must file a petition with the court, along with the certificate and other required documents. The court will then review the petition and make a determination on whether to grant the sealing or expungement.
Benefits of Sealing or Expunging Arrest Records
Sealing or expunging an arrest record can have significant benefits for an individual's personal and professional life. It can help to protect their reputation, increase their job prospects, and reduce the risk of discrimination.
Additionally, sealing or expunging an arrest record can provide peace of mind and a sense of closure, allowing the individual to move on from a difficult experience and start fresh.
Seeking Professional Help with Sealing or Expunging
While it is possible to seal or expunge an arrest record without the help of an attorney, it is highly recommended that individuals seek professional guidance to ensure the best possible outcome.
An experienced attorney can help guide the individual through the process, ensure that all necessary documents are filed correctly, and represent them in court if necessary.
Frequently Asked Questions
Can I seal or expunge a felony arrest record in Florida?
It depends on the specific circumstances of the case, but in general, felony arrest records can be sealed or expunged if the charges were dropped or dismissed, or if the individual was found not guilty.
How long does it take to seal or expunge an arrest record in Florida?
The process typically takes several months to a year or more, depending on the complexity of the case and the court's schedule.
Do I need an attorney to seal or expunge an arrest record in Florida?
While it is possible to seal or expunge an arrest record without an attorney, it is highly recommended that individuals seek professional guidance to ensure the best possible outcome.
Can I seal or expunge multiple arrest records at the same time?
Yes, it is possible to seal or expunge multiple arrest records at the same time, but each record must meet the eligibility requirements and must be handled separately.
Will sealing or expunging an arrest record completely erase it?
Expunging an arrest record will completely destroy it, as if the arrest never occurred. Sealing an arrest record will make it inaccessible to the public, but it will still exist and can be viewed by certain authorized parties.
Can I seal or expunge an arrest record if I have a prior conviction?
It depends on the specific circumstances of the case, but in general, having a prior conviction can make it more difficult to seal or expunge an arrest record.