Melbourne Lawyer for Record Sealing or Expunction

In Florida, record sealing and expungement (also known as expunction) are legal processes that allow individuals to hide or erase their criminal history from public access. These methods can help individuals by preventing their past from impacting future opportunities like employment, housing, and education.

However, these procedures are not automatic; eligibility requirements must be met, and an application must be submitted.

Melbourne Lawyer for Record Sealing and Expungement

Criminal convictions can hurt you in more ways than one. Records of a conviction can make it difficult to find a job, obtain housing, and can especially hurt teenagers applying to colleges or who rely on scholarships. As mentioned previously, record sealing is generally not automatic; obtaining a sealing or expungement order is typically best completed with the assistance of a strong criminal defense attorney like Mark Germain.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

Our office is located in Melbourne, Florida, and we proudly serve the surrounding Space Coast communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.

Types of Record Sealing and Expungement
Application Process
Reasons for Denial
Effect of Sealed Records
Effect of Expunction
Difference Between Sealing and Expunging a Record
Importance of Criminal Record Accessibility
What Can an Expungement/Record Sealing Lawyer Do For Me?
Additional Resources
Hire a Lawyer for Record Sealing and Expungement in Brevard County Florida

Types of Record Sealing and Expungement

Court-Ordered Sealing or Expungement (Florida Statutes Sections 943.059 and 943.0585)

To qualify, the individual must not have been adjudicated guilty of the offense or any other offense in the past. Additionally, certain offenses such as murder, sexual offenses, or serious violent felonies cannot be sealed or expunged, even if adjudication was withheld. An individual can only apply for one sealing or expungement in their lifetime unless multiple arrests are related to the same incident.

Administrative Expungement (Florida Statutes Section 943.0581)

The individual must prove that the arrest was because of a legal error or was unlawful. Evidence such as arrest records and official documentation showing the mistake is required to complete the application.

Diversion Expungement (Florida Statutes Sections 943.0582, 948.08)

Eligibility requires successful completion of an authorized diversion program for a misdemeanor or certain non-violent felonies. The offense cannot be a forcible felony or involve firearms or weapons.

Lawful Self-Defense Expungement (Florida Statutes Section 943.0578)

The key requirement is that the prosecutor or court dismissed the charges because of lawful self-defense. A written statement from the prosecutor verifying this must accompany the application.

Human Trafficking Expungement (Florida Statutes Section 943.0583)

The applicant must show that the offense occurred as part of their victimization in a human trafficking scheme. This process does not require a Certificate of Eligibility from FDLE, unlike other expungement types.

Automatic and Early Juvenile Expungement (Florida Statutes Section 943.0515)

Automatic expungement occurs at age 21 or 26, depending on the offense and commitment to a juvenile facility. Early expungement is available to those between 18 and 21 who have had no charges or convictions in the past five years.

Application Process

Filing for a Certificate of Eligibility: The first step is obtaining a Certificate of Eligibility from FDLE. The application must include personal information (name, date of birth, etc.), details about the arrest, and information on the charge(s). It must be signed in the presence of a notary public and accompanied by a $75 processing fee.

Fingerprint Submission: The applicant must include a completed fingerprint card. The fingerprints must be taken by law enforcement or a certified vendor, and the fingerprint card must contain the applicant’s name, date of birth, and signature, as well as the official’s signature and agency stamp.

Certified Disposition: Under Florida law, the applicant must provide a certified copy of the final disposition of the case from the clerk of the court. This document shows how the case was resolved (e.g., dismissal, no action, nolle prosequi) and is required for FDLE to verify eligibility.

State Attorney’s Statement: For certain types of expungement, such as lawful self-defense, a written certified statement from the state attorney or prosecutor is required to confirm that the charges were dismissed because of self-defense.

Submission to FDLE: Once the application is complete, it must be submitted to FDLE for review. FDLE will conduct background checks using the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC) databases. FDLE also checks driving records and local court databases to help ensure the applicant meets the legal requirements.

Court Petition: After receiving the Certificate of Eligibility, the applicant must file a petition in the court that handled the original case. This petition must include the certificate, an affidavit, and any supporting documents. The court will review the petition and decide whether to grant the sealing or expungement. Florida law gives the court discretion to approve or deny these requests.

Hearing: In some cases, the court may schedule a hearing to allow the prosecutor or law enforcement agencies to present objections. The judge will make a final decision after considering the evidence and arguments presented.

Notification: If the court grants the petition, FDLE will notify the arresting agencies and other relevant parties that the record has been sealed or expunged in compliance with Florida law.

Reasons for Denial

Adjudication of Guilt: Under Florida Statutes Section 943.0585, if the individual has been adjudicated guilty of any crime, they are ineligible for sealing or expungement. This applies to all criminal offenses, even if unrelated to the record in question.
Ineligible Offenses: Certain crimes, including those listed in Florida Statutes Section 943.0584, cannot be sealed or expunged. These include serious offenses like murder, sexual battery, arson, and drug trafficking. The record of these offenses remains accessible even if adjudication was withheld.
Prior Sealing or Expungement: Florida law allows only one sealing or expungement in a lifetime except for certain types like administrative expungement or human trafficking expungement. If an individual has already had a record sealed or expunged, they cannot apply for another.
Incomplete Application: Failure to provide all required documents, such as a certified disposition or fingerprint card, will result in the application being denied. FDLE requires a complete application package to process the request.
Pending Charges: Under Florida Statutes Section 943.059, if the individual has any open or pending criminal charges, the application will be denied. The person must resolve all legal matters before applying.

Effect of Sealed Records

When a record is sealed, it is hidden from the public, but certain agencies such as law enforcement, the courts, and specific employers can still access the information. This includes entities involved in licensing individuals who work with children, the elderly, or disabled individuals. However, for most people and businesses, the record is inaccessible, and the individual can legally deny the arrest.

Effect of Expunction

With an expunction, most details of the arrest and charges are removed from databases. However, certain entities like law enforcement can still see limited information about the record. They will know that a record has been expunged but will need a court order to access the full details.

Difference Between Sealing and Expunging a Record

Sealing a record means that it is physically placed in a vault and is no longer accessible without a court order. After ten years, a sealed record may be expunged or destroyed. Expunging a record means it is completely destroyed, and no one can view it without a court order.

Importance of Criminal Record Accessibility

It is important to understand that criminal and arrest records are public information, which means that anyone who is interested can easily access this information, particularly with modern technology. This can lead to significant issues such as limiting job opportunities or allowing unwanted parties to view one’s personal legal history. Ensuring that this information is sealed or expunged can provide peace of mind and help individuals move forward with their lives.

What Can an Expungement/Record Sealing Lawyer Do For Me?

Evaluate Eligibility: One of the first things a lawyer will do is review your case to determine whether you meet the eligibility requirements for expungement or record sealing. Not all charges can be cleared, and having a lawyer examine your criminal history can prevent you from filing unnecessarily if you’re ineligible. They can also help identify less obvious paths for clearing your record, such as administrative expungements or juvenile diversion expungements.

Gather Necessary Documents: The expungement process requires collecting several important documents, including your criminal history, certified dispositions, and possibly statements from prosecutors. A lawyer knows exactly which records are needed and can ensure everything is gathered in a timely manner. This reduces delays and avoids errors in the application process.

Complete the Application: The application for a Certificate of Eligibility can be tricky. Even a small error or missing document can result in a denial. A lawyer can help ensure that your application is filled out correctly with all the required information, notarizations, and supporting documents included. They will also help you submit your fingerprint form and ensure the proper fee is paid.

File the Petition in Court: Once the Certificate of Eligibility is received, the next step is filing a petition in court. This is a critical step, as the judge has the final say on whether or not your record will be sealed or expunged. An attorney can prepare your petition, ensuring it’s legally sound and formatted correctly. They can also draft affidavits or other necessary paperwork that supports your case.

Represent You in Court: In some cases, a hearing is required where the prosecutor may object to your petition. If this happens, a lawyer will represent you in court, arguing on your behalf and presenting your case to the judge. Having a legal professional with experience in these matters can make a big difference in persuading the judge to grant your petition.

Communicate with Prosecutors and the Court: Throughout the process, your lawyer will handle communication with the court, the state attorney, and any law enforcement agencies involved. They will also follow up to help ensure that once your petition is granted, the record is properly sealed or expunged across all relevant agencies.

Advise You on Future Steps: After your record is sealed or expunged, a lawyer can provide guidance on what this means for you in the future. They will explain who can still access your record, how to answer questions about your criminal history on job applications, and what steps to take if your record is still showing up on online databases. They can also assist if you run into any issues, such as a private company refusing to remove your information.

Avoiding Common Mistakes: The expungement or record sealing process can be denied for various reasons, such as filing incorrect paperwork, submitting incomplete applications, or misunderstanding eligibility requirements. A lawyer can prevent these mistakes from happening and help avoid costly delays or denials.

Additional Resources

Seal and Expunge Process – The Florida Department of Law Enforcement provides guidance on the process to seal or expunge criminal records. Processing takes about 12 weeks and is subject to eligibility criteria. A certified court order is required for final approval.

Florida Statutes Section 943.0585 – This Florida law addresses court-ordered expunction of criminal history records in Florida. To be eligible, individuals must meet certain conditions, such as having their charges dropped or acquitted. Additionally, they must apply for a Certificate of Eligibility from the Department of Law Enforcement. The law details the steps involved in petitioning the court and highlights that expunged records are confidential, with limited exceptions.

Hire a Lawyer for Record Sealing and Expungement in Brevard County Florida

Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.