Can I Seal Or Remove Part Of My Arrest Or Charges?

Yes!  Depending on the circumstances, you may be eligible to have your criminal record and charges expunged or sealed. In Florida, when someone wants to seal or expunge a case from their record, they must meet specific criteria to qualify.

For example, if you are charged with certain types of crimes, like sex crimes, regardless of whether the case was dropped, you CANNOT expunge or seal the case.  If you have ever been convicted of ANY crime, even something as minor as trespassing, you CANNOT seal or expunge a case. If you have been adjudicated delinquent as a juvenile, you CANNOT seal or expunge any case.  If you have already sealed or expunged a case in your past, you CANNOT seal or expunge a case.                        

However, if your case is not on the list of excluded crimes and all charges against you were dropped, you will likely be able to expunge your case. This means the record will be totally destroyed at the local police agency that arrested you and at the clerk’s office in the county which you were arrested. The only organization that will have a master file, which is NOT viewable to the public, is Florida Department of Law Enforcement (FDLE).  So how do I know if my case can be expunged or sealed?

If you plead guilty BUT were NOT convicted, meaning you received a WITHHOLD OF ADJUDICATION OR ADJUDICATION WITHHELD, then you will likely qualify to SEAL your case.If you completed a diversion program like drug court, pre-trial diversion, pre-trial intervention, or the like where your charges were dropped, then you would likely qualify to have your case expunged.Sealing a case has the same practical effect as expunging the case, meaning no record is viewable to the public, however, the record can be unsealed upon a signed order from a Judge.