Should I Petition the Court to Seal or Expunge My Criminal Record?
The Florida Department of Law Enforcement provides a service through which certain criminal records can be expunged(removed from their records database) or sealed (made subject to extremely limited access). The laws and rules which govern expunction or sealing of criminal history record(s) include: Sections s.943.0585 – s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code. Florida Statute 943.0585 provides the mechanism for seeking to have your record expunged in Florida; only criminal offenses that were allegedly committed in the State of Florida may qualify for expunction.
What are the qualifications to have an individual’s criminal history sealed? Provided they have no criminal convictions on their record, an individual may have their Florida criminal record sealed. If the individual had adjudication of guilt withheld, they are eligible for sealing as long as the charge is not listed in Section s.907.041, which is comprised of a list of certain ineligible criminal offenses. What are the qualifications to have an individual’s Florida criminal history expunged? An individual may have their Florida criminal history expunged when the charges are dismissed, or “nolle prosequi,” or “no info’ed,” when no information, or charging document, is filed.
Why is this important, you ask? If a person has had formal criminal charges in which a “Nolle Prosequi” was filed, then that means the charges were dropped from prosecution. An individual who has had their Florida criminal record sealed or expunged faces a brighter future when considered by prospective employers, lending institutions, insurance companies, and professional associations. If you have questions pertaining to the sealing or expunction of your, a friend’s or a family member’s criminal record, contact the Soud Law Firm for a free consultation. The Soud Law Firm has the answers.