Sealing and Expungement

Florida law allows an individual a ONCE in a lifetime opportunity, under certain circumstances, to seal or expunge a criminal record. Mistakes or moments of bad judgment are a part of life, and we hope to learn valuable lessons from these mistakes. However, one mistake should not have the effect of permanently damaging your reputation and livelihood.

Florida has an “open book” policy when it comes to having access to criminal records and the court system and law enforcement agencies make this information readily available to the public. This sensitive information is given to anyone who seeks an inquiry ranging from the general public to large corporations that are in business solely for the purpose of running criminal background checks.

Nearly every institution in our society are now running background checks looking for prior criminal arrests. These institutions include employers, colleges and universities, credit card agencies, insurance companies, and landlords. If they discover any criminal history, it is likely that they will reject your application.

However, there is light at the end of the tunnel. For those that qualify, an expunged or sealed record can give individuals a fresh start. It can have the effect of putting you back in the position prior to the arrest and disposition of your case. It is a vital investment in your future.

The Law Office of Dave L. Simmons, P.A. offers experienced and skilled representation for sealing and expunging of records in Broward County, Florida. Mr. Simmons is an experienced criminal trial attorney serving as a former Broward County Prosecutor and former Broward County Public Defender. The Law office, conveniently located near the courthouse in downtown Ft. Lauderdale, offers a free consultation so that we may discuss you case in person, and affordable payment plans can be arranged.

In Florida, expunging or sealing is the statutory process by which a criminal record is destroyed or eliminated from the view of the public upon a criminal background check. If you are in need of a criminal record sealed or expunged, contact Broward Seal and Expunge Lawyer, Dave Simmons at the Law Office of Dave L. Simmons, P.A. for a free consultation.

Expunging of Records

Under Fla. Statute 943.045(16), the expunction of a criminal record is defined as a court ordered physical destruction of of all documents and information pertaining to the criminal records by any criminal agency that is in possession of those records.

Eligibility Requirements

The eligibility requirements for expunging a criminal record are as follows:

• The information or charging document that is the subject of the Expunction must have a disposition of a dismissal by the Court, a Nolle Pros (dismissal) by the State Attorney or the case was never formally filed by the State attorney, often referred to as a “no information”;
• No prior adjudication of guilt for any criminal offense or comparable municipal ordinance violation;
• No adjudication of guilt in the case that is the subject of the expunction;
• No prior sealed or expunged cases under Florida Law;
• No pending seal or expunge petitions before any court;

Benefits of Expunging and Sealing a Criminal Record

• Criminal history is eliminated from the public view;
• No adverse public reputation;
• Employers or potential employers will not have access to the record;
• With some limited exceptions, a person can lawfully deny the charge or arrest;
• Colleges and Universities will not have access to the record;
• Circumventing workplace policies that prevent advancement;

Sealing of Records

Under Fla. Statute 943.045, the sealing of a criminal record is defined as preventing access to any person not having a legal right to the information. In essence, a sealed record is protected by the court and bars the public from having disclosure to the record. The documents and information remain on file with the criminal agency and the court system under “seal” and the record is confidential.

Egilbilty Requirements

• No prior adjudication of guilt for any criminal offense or comparable municipal ordinance violation;
• No adjudication of guilt in the case that is the subject of the expunction;
• No adjudication of guilt in the case that is the subject of the expunction;
• No pending seal or expunge petitions before any court;
• The charge for which the applicant plead is not a disqualifying offense;

• Criminal history is eliminated from the public view;
• No adverse public reputation;
• Employers or potential employers will not have access to the record;
• With some limited exceptions, a person can lawfully deny the charge or arrest;
• Colleges and Universities are will not have access to the record

Disqualifing Offenses

Under Fla. Statutes 943.0585 and 943.059, certain offenses are not eligible to be sealed regardless of whether adjudication of guilt was withheld. Charges enumerated under Fla Statute 907.041 are also precluded from being sealed, regardless of whether adjudication of guilt was withheld, including the following:

• Arson
• Aggravated Assault
• Aggravated Battery
• Illegal use of Explosives
• Child Abuse or Aggravated Child Abuse
• Abuse of the Elderly Person or Disabled Adult
• Aircraft Piracy
• Kidnapping
• Homicide
• Manslaughter
• Sexual Battery
• Robbery
• Carjacking
• Lewd, Lascivious, or Indecent Assault upon or in Presence of a child under age 16.
• Sexual activity with a child, who is 12 years of age or older but less than 18.
• Burglary of a Dwelling.
• Stalking and Aggravated Stalking
• Act of Domestic Violence as defined in Fla. Statute 741.28
• Home Invasion Robbery
• Act of Terrorism
• Manufacturing any Substance in Violation Chapter 893 Fla. Statute.
• Attempting or conspiring to commit any such crime.

Duty to Disclouse Seald and Expunged Records

Generally, the beneficiary of an expunged or sealed record is legally protected from having to disclose that a record has been expunged or sealed with the following exceptions:

• Is a candidate for employment with any law enforcement agency;
• Applicants to the Florida Bar;
• Is seeking employment/licensing/contracting with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities or the Department of Juvenile Justice;
• Is seeking to be employed or licensed by the Department of Education and District School Board, any university laboratory school, and charter school; any private or parochial school or any local government entity that licenses child care facilities;
• Is attempting to purchase a firearm form a licensed importer, licensed manufacturer or licensed dealer and is subject to a criminal history check under state or federal law (this applies only to a sealed record);
• Is seeking authorization from a Florida Seaport identified in Fla. Statute 311.09 for employment within or access one or more of such seaports pursuant to Fla. Statute 311.12;
• Is seeking to be appointed a guardian;
• Is seeking a concealed Firearm license;

The Process of Sealing and Expunging Your Criminal Record

Having your record sealed or expunged can be a complex and protracted process. It requires contact with multiple entities including the State Attorney’s Office, Florida Department of Law Enforcement and the Court system. It is necessary to have a skilled and Fort Lauderdale Seal and Expunge Lawyer working on your behalf to obtain the best possible result.

If you are in need of having a criminal record sealed of expunged or have additional questions regarding this legal process, contact the Law Office of Dave L. Simmons, P.A. for a fee consultation. (954) 765-3540