Expunging & Sealing

Sealing and expunging your record have similarities. However, hiring an attorney well-versed in this area can save a lot of time and money. The number one difference between the ability to have a case sealed or expunging it is what the result was of your case.

You can only go with the expunging route in a case that was not filed, dropped by the prosecutor, or dismissed by the court. You can seal a case if you received a withholding of adjudication (that you were not formally convicted). And, there are a number of types of crimes that are ineligible to be sealed (such as domestic violence).

Do not confuse sealing your record or expunging it with having your rights restored if you are a convicted felon. That is a completely different process, for different reason, with different results. Before attempting to seal or expunge your record, contact Shulman Law to assist you with the process. If you make a mistake or incorrectly apply, the wait can be substantial. At the moment, the Florida Department of Law Enforcement (who oversees this process) is running behind by at least four months. That means a properly filed application can sit waiting for FOUR MONTHS for review. Contact Shulman Law to make sure you application is done the correct way, or you could be waiting for over a year to get the results you need.

What does it mean to have my record sealed? & What does it mean to have my record expunged?

Florida Law allows for one case (or multiple cases if related) to be expunged in your life. If you have previously had a case sealed or expunged in Florida, you will not be eligible for this process. Florida Statute 943.045(16) allows for a case to be expunged if the requirements are met.

Once a case is expunged, it is removed from the public records for the county clerk’s office where the arrest occurred. There is also a copy of the order to expunge that is forwarded to the agency involved in the arrest. In effect, the information related to the case is destroyed. A public records search will show no record for that case. The case will not appear in background checks.

Is every crime able to be sealed or expunged?

No. There are crimes listed in the Florida statute, 943.045 that are not eligible for this process. A common issue that arises in Domestic Violence cases is that such a case is NOT eligible to be sealed if there is a disposition in the case. It may, however, be expunged if the charges are not filed or dropped. In other words, if a person enters a plea to a Domestic Violence charge, the case will forever remain on their record.

What is the process for having my record sealed or expunged?

Once the case has come to an end – whether the charges are not filed, the case is dropped or dismissed, or you end up on probation, there may be options available. But, it is important to note that the case MUST be over before the process can begin.

The application to seal and the application to expunge are similar. An application to seal must be completed and signed in front of a notary. Fingerprints must be taken by a local law enforcement agency. And, then the packet, along with a certified copy of the disposition (clerk’s certified document) is forwarded to the Florida Department of Law Enforcement. The application must be accompanied by a $75 check or money order.

The application to expunge is the same process as above, except that the Office of the State Attorney for the county in which the case proceeded must review AND sign off on the application before it is sent to the Florida Department of Law Enforcement.

The application process is typically takes 6 to 8 months for the Florida Department of Law Enforcement to review, complete the criminal history checks, and return a certificate of eligibility.

Once a certificate of eligibility is received, that document, along with a petition and an affidavit with very specific requirements are submitted to the court for the process to be finalized. Some jurisdictions require a hearing in court to finalize the process and some jurisdictions allow for this process to be completed without needing a hearing. The necessity of a hearing will also depend on whether the Office of the State Attorney has an objection to the request.

How long does the sealing or expunging process take?

Shulman Law can immediately prepare the initial paperwork and provide you with a packet to complete. Then, the length of time depends on the applicant. As soon as the completed packet is returned, the process can begin. It is recommended to complete and return the packet immediately, as the Department of Law Enforcement backlog can be 6-8 months.

Following the response by the Department of Law Enforcement, the petition and supporting documents will be filed immediately. Then, the finalization process depends on when the assigned judge reviews the documents and the length of time the clerk’s office will need to process the paperwork. Typically, this final step takes and additional month to 6 weeks.

At Shulman Law, you are provided aggressive and knowledgeable representation in all criminal matters, in the tri-county area: Palm Beach, Broward, and Miami-Dade. Having more than a decade of experience as a prosecutor before handling criminal defense matters, you will have top notch representation in Assault and Battery, Aggravated Battery, Arson, Bribery, Burglary, Capital Offenses, Criminal Conspiracy, Criminal Defense, Domestic Violence, Drug Crimes, Fraud, Investigations, all Prosecutions, Driver’s License Suspension, Driving while Intoxicated, DUI/DWI, Sealing and Expungements, Extortion, Extradition, Felonies, Forensic DNA cases, Forgery, Grand Jury Practice, Gun Charges, Hit and Run, Homicide, Manslaughter, Misdemeanors, Murder, Parole and Probation, Search and Seizure, Sex Crimes, Sexual Assault, Shoplifting, Stalking, Ten-Twenty-Life cases, Theft, Traffic Violations, Trafficking, Vehicular Homicide, Victim’s Rights, and Weapons Charges.