sealing records | Fort Lauderdale criminal defense lawyer

Fort Lauderdale Trial Lawyer Dave L. Simmons Helps Broward County Clients Seal or Expunge Criminal Records to Secure a Fresh Start

Everyone makes mistakes—and in many cases, these uncomfortable experiences become learning and growth opportunities that can result in a better life. Unfortunately, when momentary lapses in judgment lead to criminal charges, your reputation and livelihood can suffer irreparable damage. Florida’s Sunshine law makes criminal records open to the public. Anyone from individuals to institutions can access this sensitive information, including employers, colleges and universities, credit card companies, insurers, and landlords. If your background check reveals a criminal record with a prior arrest, it could jeopardize your consideration. 

However, Florida law also gives eligible individuals a once-in-a-lifetime opportunity to seal or expunge a criminal record, effectively wiping the slate clean. Sealings or expungements eliminate public access and prevent your record from appearing in a criminal background check.

The Law Office of Dave L. Simmons, P.A. in downtown Fort Lauderdale offers highly skilled representation for record sealings and expungements. Simmons helps Broward County clients navigate complex criminal court processes to secure the fresh start they deserve. Learn more about this vital investment in your future and how our attorney can assist you.

Understanding Expungements 

Florida Statute 943.045(16) defines the expunction of a criminal history record as “the court-ordered physical destruction or obliteration of a record or portion of a record by any criminal justice agency” that has it in their custody. 

You might qualify for a criminal record expungement if:

  • The court dismissed your case, or the State Attorney voluntarily dropped the case or never formally filed charges
  • You have never pleaded guilty or been found guilty in this case or of any criminal offense or comparable municipal ordinance violation
  • You have no previous sealings or expungements in Florida or pending seal or expunge petitions before any court

Sealing or Expunging a Criminal Record Offers Many Benefits

Shielding a prior criminal record from the public through sealing or expungement can be beneficial in many ways. For example, it could help you:

  • Salvage your personal and professional reputations 
  • Prevent employers, potential employers, academic institutions, landlords, and others from accessing your criminal record 
  • Circumvent workplace policies that would prevent your advancement 
  • Lawfully deny the arrest or charge (with some exceptions) 

What to Know About Sealing Records in Florida

Florida Statute 943.045(19) explains that, unlike expungement, sealing a prior offense doesn’t remove it from your record; it preserves the record but prevents anyone without a legal right from accessing it. The documents and information remain on file with the criminal agency and court system under “seal,” making the record confidential.

You might be eligible to seal a Broward County criminal record if:

  • You have never pleaded guilty or been found guilty in this case or of any criminal offense or comparable municipal ordinance violation
  • The charge in question is not a disqualifying offense
  • The case ended in a dismissal, acquittal, nolle prosequi (dismissal by the state), or a withhold of adjudication (where the court does not formally convict you).
  • You’ve never previously sealed or expunged a criminal record 
  • You’re not under any form of court supervision, such as probation or community control

Not All Broward County Criminal Offenses Qualify for Sealing 

Under Florida Statutes 943.0585, 943.059, and 907.041, the following crimes are ineligible for sealing, regardless of whether there was a withholding of adjudication:

  • Arson
  • Aggravated assault
  • Aggravated battery
  • Child abuse or aggravated child abuse
  • Kidnapping
  • Homicide
  • Manslaughter
  • Sexual battery 
  • Carjacking
  • Burglary of a dwelling 
  • Robbery
  • Home invasion robbery
  • Lewd, lascivious, or indecent assault upon or in the presence of a child under 16
  • Sexual activity with a child who is older than 12 but younger than 18
  • Stalking and aggravated stalking
  • Domestic violence (as defined in Florida Statute 741.28)
  • Abuse of an elderly person or disabled adult
  • Acts of terrorism
  • Aircraft piracy
  • Illegal use of explosives
  • Manufacturing any substance in violation of Florida Statute Chapter 893
  • Attempting or conspiring to commit any of the above crimes 

When You Have a Duty to Disclose Sealed or Expunged Records

Though sealing or expunging a criminal record typically prevents others from accessing this information, there are some exceptions. For example, you’re required to disclose a sealed or expunged record if you are:

  • Applying to the Florida Bar
  • Applying for employment with any law enforcement agency
  • Seeking employment, licensing, or a contract 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
  • Applying for employment or licensure by the Department of Education and School Board, any university laboratory school or charter school, any private or parochial school, or any local government entity that licenses childcare facilities
  • Seeking to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (applies to sealed records)
  • Applying for a concealed firearm license
  • Seeking authorization from a Florida Seaport (identified in Florida Statute 311.09) for employment within or access to one or more seaports (pursuant to Florida Statute 311.12)
  • Asking the court to appoint you as a guardian

Why You Need an Experienced Fort Lauderdale Criminal Lawyer for Your Sealing or Expungement

Sealing or expunging a criminal record involves a complex and lengthy process. Fortunately, the Law Offices of Dave L. Simmons, P.A. can help. A former Broward County Prosecutor and Public Defender, Simmons opened his Fort Lauderdale private defense firm in 2003. He’s helped countless clients obtain a sealing or expungement to secure a brighter future.