Whenever you look for a job, buy a house, take out student loans, or apply to college, someone checks your criminal record. If you have such a record in Florida, that simple mistake can come back to haunt you for years.
Fortunately, there is hope. By taking advantage of expungement and sealing laws (officially called “expunction” and “sealing”), people with past convictions can move forward with their lives.
Here is a broad exploration of how someone with a criminal past can benefit from expungement and sealing in Florida.
The Difference Between Criminal Expungement and Criminal Sealing in Florida
Expungement completely erases your criminal record. It is available only for certain misdemeanor offenses.
Sealing limits who can access your criminal record. Employers, licensing agencies, and law enforcement may still have access to a sealed record. It applies to misdemeanors and some felony convictions.
To be eligible for expungement or sealing, you must first meet certain criteria. For instance, you must complete probation and stay conviction-free for a certain period.
Criteria for Sealing or Expunction in Florida
To be eligible for sealing or expunction in Florida, you must meet certain criteria.
Sealing requirements include:
- No prior adjudications of guilt for any criminal offense or comparable ordinance violation
- No prior adjudications of delinquency (juvenile cases) for any criminal act outlined in Florida Statutes Section 943.051(3)(b)
Expunction requirements include:
- The charges were ultimately dropped, dismissed, or resulted in an acquittal
- The individual has not been adjudicated guilty of any other criminal offense or comparable ordinance violation
Many crimes cannot be sealed or expunged in Florida. These include most violent, sexual, and high-level drug crimes.
The Benefits of Expungement and Sealing
- Better housing options
- More employment opportunities
- Improved eligibility for loans and licenses
