How to Seal or Expunge Your Arrest Record in Florida
Find out if you qualify to have your criminal record sealed or expunged in Tampa. Learn the process and how the Law Office of Daniel J. Fernandez, P.A. can help.
Having an arrest record can create significant barriers in your life. A criminal record can have far-reaching consequences, from securing employment to finding housing or obtaining professional licenses. However, Florida law provides options for sealing or expunging certain arrest records under specific conditions. This guide explores the process, eligibility requirements, and benefits of record sealing and expungement, as well as how the Law Office of Daniel J. Fernandez, P.A. can help.
What Does It Mean to Have a Record Sealed or Expunged?
In Florida, sealing or expunging a record effectively limits public access to your criminal history.
- Sealed Records: A sealed record remains accessible only to certain government entities, such as law enforcement and the courts. The record is hidden from public view for most purposes, including employment background checks. (§ 943.059, Florida Statutes)
- Expunged Records: Expungement goes a step further by requiring criminal justice agencies to destroy the record. While the Florida Department of Law Enforcement (FDLE) keeps a confidential copy, it is only accessible through a court order. (§ 943.0585, Florida Statutes)
Both options provide significant benefits, such as allowing you to legally deny or fail to acknowledge the existence of your record in most situations.
Why Consider Sealing or Expunging Your Criminal Record?
Having your record sealed or expunged can provide life-changing advantages, including:
- Improved Employment Opportunities: Potential employers conducting background checks will not see the sealed or expunged record.
- Enhanced Housing Options: Landlords are less likely to deny housing based on a criminal record.
- Easier Licensing and Certification: Professional boards and licensing agencies generally cannot access sealed or expunged records.
- Restored Reputation: The process helps remove the stigma of a criminal record from your life.
If you’ve been arrested in Tampa or the surrounding areas, contact the Law Office of Daniel J. Fernandez, P.A., at 813-229-5353 to see if you qualify for record sealing or expungement.
Who Is Eligible for Sealing or Expungement in Florida?
Florida law outlines specific eligibility criteria for sealing or expunging criminal records. You may be eligible if:
Sealing:
- You were acquitted of a crime.
- Adjudication of guilt was withheld in your case.
- You have not had a prior record sealed or expunged.
- The offense is not disqualified by Florida law (e.g., arson, homicide, kidnapping, certain sex crimes). (§ 943.059, Florida Statutes)
Expungement:
- Charges against you were dropped or dismissed, or no charges were filed.
- Your record has been sealed for at least 10 years.
- The offense does not fall under crimes prohibited for expungement. (§ 943.0585, Florida Statutes)
Every case is unique, and the rules can be complex. Contact the Law Office of Daniel J. Fernandez, P.A., to determine your eligibility for a personalized consultation.
What Is the Process for Sealing or Expunging a Record?
The process for sealing or expunging a record involves several steps:
Application for Certificate of Eligibility: Apply to the FDLE. This includes:
- A certified copy of the final disposition of your case.
- A full set of fingerprints.
- Any required fees.
Filing the Petition: Once the certificate is issued, you must file a petition with the court that handled your case. This petition must also be provided to the arresting agency and the state attorney or prosecutor.
Court Decision: The court will review your petition and make a decision. If approved, your record will be sealed or expunged as appropriate.
Given the legal complexities involved, working with an experienced criminal defense attorney ensures a smoother process and increases the likelihood of success.
Why Daniel J. Fernandez, P.A. is the Best Choice
Navigating Florida’s record sealing and expungement laws can be challenging without skilled legal assistance. The Law Office of Daniel J. Fernandez, P.A. offers decades of experience helping clients in Tampa and surrounding areas clear their records and move forward with their lives.
- Comprehensive Legal Guidance: From eligibility assessment to filing petitions, our attorneys guide you through every step.
- Proven Track Record: We’ve successfully handled numerous sealing and expungement cases for clients across Florida.
- Bilingual Services: Our team, led by Daniel J. Fernandez, provides services in English and Spanish, ensuring clear communication for all clients.
If you or a loved one has been arrested or charged with a crime in Tampa, call the Law Office of Daniel J. Fernandez, P.A. today at 813-229-5353 for a free consultation. Take the first step toward reclaiming your future.
