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<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>Gulisano Law, PLLC</title> <atom:link href="https://gulisanolaw.com/feed/" rel="self" type="application/rss+xml" /> <link>https://gulisanolaw.com/</link> <description>Better Legal Talent and Quality Work than the Large Firms. More Focus and Attention to Each Matter than the Small Firms.</description> <lastBuildDate>Thu, 14 Mar 2024 19:15:07 +0000</lastBuildDate> <language>en-US</language> <sy:updatePeriod> hourly </sy:updatePeriod> <sy:updateFrequency> 1 </sy:updateFrequency> <generator>https://wordpress.org/?v=6.4.3</generator> <image> <url>https://gulisanolaw.com/wp-content/uploads/Gavel-3-150x150_OP.png</url> <title>Gulisano Law, PLLC</title> <link>https://gulisanolaw.com/</link> <width>32</width> <height>32</height></image> <item> <title>Sealing or Expunging a Criminal Record in Florida</title> <link>https://gulisanolaw.com/sealing-or-expunging-a-criminal-record-in-florida/?utm_source=rss&utm_medium=rss&utm_campaign=sealing-or-expunging-a-criminal-record-in-florida</link> <dc:creator><![CDATA[Gulisano]]></dc:creator> <pubDate>Thu, 14 Mar 2024 19:15:07 +0000</pubDate> <category><![CDATA[Miscellaneous]]></category> <guid isPermaLink="false">https://gulisanolaw.com/?p=4211</guid> <description><![CDATA[<p>Sealing or Expunging a Criminal Record in Florida If you have a criminal history in Florida, you may be able to get the associated records sealed or expunged. First, we should start with what is meant by “criminal history.” Usually, it consists of two things, a record of an arrest (including a notice to appear … <a href="https://gulisanolaw.com/sealing-or-expunging-a-criminal-record-in-florida/" class="more-link">Continue reading<span class="screen-reader-text"> "Sealing or Expunging a Criminal Record in Florida"</span></a></p><p>The post <a href="https://gulisanolaw.com/sealing-or-expunging-a-criminal-record-in-florida/">Sealing or Expunging a Criminal Record in Florida</a> appeared first on <a href="https://gulisanolaw.com">Gulisano Law, PLLC</a>.</p>]]></description> <content:encoded><![CDATA[<p><img fetchpriority="high" decoding="async" class="aligncenter size-full wp-image-4217" src="https://gulisanolaw.com/wp-content/uploads/Deja-Vu-Handcuff.png" alt="record seal" width="640" height="640" srcset="https://gulisanolaw.com/wp-content/uploads//Deja-Vu-Handcuff.png 640w, https://gulisanolaw.com/wp-content/uploads//Deja-Vu-Handcuff-300x300.png 300w, https://gulisanolaw.com/wp-content/uploads//Deja-Vu-Handcuff-150x150.png 150w" sizes="(max-width: 709px) 85vw, (max-width: 909px) 67vw, (max-width: 984px) 61vw, (max-width: 1362px) 45vw, 600px" /></p><h2 style="text-align: center;">Sealing or Expunging a Criminal Record in Florida</h2><p>If you have a criminal history in Florida, you may be able to get the associated records sealed or expunged. First, we should start with what is meant by “criminal history.” Usually, it consists of two things, a record of an arrest (including a notice to appear if you were not formally arrested), which is maintained by a police or sheriff’s department and a case file, which is maintained by the courthouse.</p><p>Sealing and expunging are two different processes for clearing a criminal record in Florida. These processes are governed by <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.0585.html" target="_blank" rel="noopener">Fla. Stat. § 943.0585</a> for expunging records and <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0943/Sections/0943.059.html" target="_blank" rel="noopener">Fla. Stat. § 943.059</a> for sealing records. This article provides a brief overview of the process for getting a clean slate in the Sunshine State.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">What is the Difference between Sealing and Expunging a Criminal Record in Florida?</h3><p>Sealing a record means that the record is hidden from public access making it inaccessible to most people without a court order. However, a sealed record still exists and it can still be viewed by certain governmental entities. The specific entities, which have access to the sealed record information in its entirety, are listed in Fla. Stat. § 943.059(4)(a).</p><p>Expunging a record means the record is physically destroyed or erased such that it can never be recovered. If that sounds too good to be true, it is. First, as we all know, in our modern electronic world it is not entirely possible to erase something from the internet. Second, only copies of the record that are maintained by the court and/or the local police or sheriff’s department involved is physically destroyed. However, a copy of the expunged record is still retained by the Florida Department of Law Enforcement (the “FDLE”).</p><p>That copy, like a sealed record, is hidden from public access making it inaccessible to most people. The main difference is that when a record has been expunged, most of the governmental entities that would have access to a sealed record will not have access to the expunged record itself without a court order. Rather, those entities are simply informed that the individual has had a record expunged with no further information.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">What are the Effects of Sealing or Expunging a Criminal Record in Florida?</h3><p>The subject of a criminal history record that is expunged “may lawfully deny or fail to acknowledge the arrests covered by the expunged record ….” Fla. Stat. § 943.0585(6)(b). Similarly, the subject of an expunged record is not subject to “perjury or … otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.” Fla. Stat. § 943.0585(6)(c).</p><p>However, there are several exceptions when the subject of the record that is expunged is <em>still</em> required to disclose the matter. The main exceptions include: (1) when the subject is a candidate for employment with a criminal justice agency; (2) when the subject is a defendant in a subsequent criminal prosecution; (3) when the subject applies for admission to the Florida Bar; (4) when the subject is seeking employment or licensing in certain fields involving minors, the disabled, and the elderly; (5) when the subject seeks to become a licensed insurance agent; (6) when the subject seeks to be appointed as a guardian. The full list of exceptions is found at Fla. Stat. § 943.0585(6)(b).</p><p>The effect is nearly identical for sealed records. The subject of a criminal history record that is sealed “may lawfully deny or fail to acknowledge the arrests covered by the sealed record ….” Fla. Stat. § 943.059(6)(b). Similarly, the subject of a sealed record is not subject to “perjury or … otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge a sealed criminal history record.” Fla. Stat. § 943.059(6)(c).</p><p>However, there are several exceptions when the subject of the record that is sealed is still required to disclose the matter. This includes all of the exceptions applicable to expunged records and one additional exception: when the subject attempts to purchase a firearm requiring a criminal history check. The full list of exceptions is found at Fla. Stat. § 943.059(6)(b).</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">What are the Benefits of Sealing or Expunging a Criminal Record in Florida?</h3><p>The benefits of getting a criminal record sealed or expunged in Florida should be obvious. It allows individuals to legally deny the existence of the sealed or expunged matters in most instances. This allows those individuals to maintain their privacy and prevent discrimination based on their past criminal record.</p><p>For example, it can be helpful in employment and housing opportunities, as many employers and landlords conduct background checks before making hiring or rental decisions. Others might choose to have their records cleared in order to avoid issues during immigration interviews, mortgage applications, non-employment related background checks, or for a sense of freedom and peace of mind from removing the stigma associated with a criminal past.</p><p>Moreover, it is entirely possible that you were denied something based on a past criminal record without even knowing it. For example, the typical landlord or employer is not going to tell you a criminal record is the reason you are not getting the apartment or job. Therefore, expunging or sealing a record is a valuable investment in one’s future and can open up opportunities that may have been previously unavailable, or at least, previously unlikely.</p><h3 style="text-align: center;">What are the Eligibility Requirements to Seal or Expunge a Criminal Record in Florida?</h3><p>There are certain eligibility requirements that must be met to qualify to have a record sealed or expunged in Florida. Based on the above, clearly, it is preferable to expunge a record rather than seal it. However, the ability to expunge a record is limited and most people only qualify to get their record sealed. Further, not everyone is eligible to have their record sealed either.</p><p>To be eligible to have your record expunged in Florida, individuals must meet an initially threshold as to the underlying offense:</p><ul class="custom-list"><li>You were arrested but never formally charged with a criminal offense;</li><li>You were charged but the charges were dropped or <em>nolle prosequi</em> (<em>i.e.</em>, voluntarily dropped) by the state;</li><li>You were charged but the charges were dismissed by a judge or the judge entered a judgment of acquittal; or</li><li>You were charged, went to trial, and were found not guilty by a judge or jury.</li></ul><p>Assuming the threshold is met, the following requirements as reflected in Fla. Stat. § 943.0585 must also be met to get a record expunged:</p><ul class="custom-list"><li>You have never been adjudicated guilty of <em>any</em> felony or <em>certain specific</em> misdemeanors even if you are attempting to expunge a <em>different</em> unrelated charge for which you were not convicted and that would otherwise be eligible for expungement;</li><li>You have completed all of the requirements the court imposed as part of your sentence, including probation and payment of any fines or restitution related to the case;</li><li>You have never had a criminal record sealed or expunged before. In Florida, you can have one and only one criminal record sealed or expunged.</li><li>The crime you were charged with is NOT one of the types of crimes that cannot be sealed or expunged. Disqualifying crimes are discussed in the next section.</li></ul><p>To be eligible to have your record sealed in Florida, individuals must meet the following requirements as reflected in Fla. Stat. § 943.059:</p><ul class="custom-list"><li>You were not adjudicated guilty of any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains;</li><li>You have never been adjudicated guilty of <em>any</em> felony or <em>certain specific</em> misdemeanors even if you are attempting to seal a <em>different</em> unrelated charge for which you were not convicted and that would otherwise be eligible for sealing;</li><li>You have completed all of the requirements the court imposed as part of your sentence, including probation and payment of any fines or restitution related to the case;</li><li>You have never had a criminal record sealed or expunged before. In Florida, you can have one and only one criminal record sealed or expunged.</li><li>The crime you were charged with is NOT one of the types of crimes that cannot be sealed or expunged. Disqualifying crimes are discussed in the next section.</li></ul><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><p><img decoding="async" class="aligncenter size-full wp-image-4218" src="https://gulisanolaw.com/wp-content/uploads/Uninvited-Behind-Bars.png" alt="record seal" width="640" height="635" srcset="https://gulisanolaw.com/wp-content/uploads//Uninvited-Behind-Bars.png 640w, https://gulisanolaw.com/wp-content/uploads//Uninvited-Behind-Bars-300x298.png 300w, https://gulisanolaw.com/wp-content/uploads//Uninvited-Behind-Bars-150x150.png 150w" sizes="(max-width: 709px) 85vw, (max-width: 909px) 67vw, (max-width: 984px) 61vw, (max-width: 1362px) 45vw, 600px" /></p><h3 style="text-align: center;">What Crimes are Not Eligible to be Sealed or Expunged?</h3><p>There are well over 34 criminal offenses that Florida law specifically states are ineligible to be sealed or expunged. A detailed discussion of each such offense is beyond the scope of this article. However, the vast majority of those crimes fall into four categories: (1) violent crimes; (2) sex crimes; (3) crimes against minors, disabled people, or the elderly; and (4) a handful of random miscellaneous offenses.</p><p>The specific offenses, which may not be sealed, even if adjudication is withheld, are set out in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0943/Sections/0943.0584.html" target="_blank" rel="noopener">Fla. Stat. § 943.0584</a> and include:</p><ul class="custom-list"><li>Sexual misconduct;</li><li>Illegal use of explosives;</li><li>Terrorism;</li><li>Murder;</li><li>Manslaughter or homicide;</li><li>Assault or battery of one household member by another household member;</li><li>Aggravated assault;</li><li>Felony battery, domestic battery by strangulation, or aggravated battery;</li><li>Stalking or aggravated stalking;</li><li>Luring or enticing a child;</li><li>Human trafficking;</li><li>Kidnapping or false imprisonment;</li><li>Sexual battery and several related offenses;</li><li>Procuring a person less than 18 years of age for prostitution;</li><li>Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;</li><li>Arson;</li><li>Burglary of a dwelling;</li><li>Voyeurism or video voyeurism;</li><li>Robbery or robbery by sudden snatching;</li><li>Carjacking;</li><li>Home-invasion robbery;</li><li>A violation of the Florida Communications Fraud Act;</li><li>Abuse or aggravated abuse of an elderly person or disabled adult;</li><li>Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person;</li><li>Child abuse or aggravated child abuse;</li><li>Sexual performance by a child;</li><li>Certain offenses by public officers and employees;</li><li>Certain acts in connection with obscenity;</li><li>Any offense defined in the Computer Pornography and Child Exploitation Prevention Act;</li><li>Selling or buying of minors;</li><li>Aircraft piracy;</li><li>Manufacturing a controlled substance;</li><li>Drug trafficking; or</li><li>Any violation specified as a predicate offense for registration as a sexual predator.</li></ul><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">What is the Process to Seal or Expunge a Criminal Record in Florida?</h3><p>The process of getting your record expunged in Florida involves several steps. It starts with an application to seal or expunge your record, which must be completed and submitted to the FDLE. The FDLE acts as the gatekeeper for determining eligibility for getting a criminal history record sealed or expunged in Florida.</p><p>The application must include a certified copy of your criminal record, proof of completion of your sentence or probation, and a copy of your fingerprints. After processing the application, the FDLE will respond stating either the applicant is eligible to have their record sealed or expunged or stating that the applicant is ineligible to do so and the reasons why.</p><p>If the FDLE approves the application, it will issue a certificate of eligibility. An attorney then files a motion in your old criminal case asking the judge to enter an order sealing or expunging the record. The motion is accompanied by the certificate of eligibility and an affidavit. If everything was done correctly, the judge enters an order sealing or expunging the record.</p><p>Finally, that order is then served on the appropriate clerk of court and government agencies, directing them to seal or expunge the record on their end. Importantly, non-governmental entities do not receive copies of the order sealing or expunging your record. Therefore, if your criminal record appears online you will have to personally reach out to any website directly to have the information removed once the record is sealed or expunged.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">How Long Does it Take to Seal or Expunge a Criminal Record in Florida?</h3><p>You will need patience because from start to finish it will several months before your criminal record is officially sealed or expunged. The longest part of the process is waiting for the FDLE’s response to the application, which as of the date of this article can take three (3) months. However, once the certificate of eligibility has been received from the FDLE, the actual court part of the process can be resolved in a matter of weeks.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">How Much Does it Cost to Get Your Record Expunged In Florida?</h3><p>Investing in a skilled attorney can greatly increase your chances of achieving a favorable outcome. The cost of expunging or sealing a criminal arrest record in Florida is $1,000.00, which includes all necessary fees and costs associated with the process.</p><p>This fee covers the attorney’s fee, court fees, the FDLE’s application fee, and mailing costs. Our fee is lower than most law firms, which typically charge between $1,500.00–$2,000.00 for the same service but have a paralegal, not an attorney, do much of the actual work. Conversely, with our firm <a href="https://gulisanolaw.com/meet-michael-gulisano/">an experienced attorney</a> will handle your case exclusively from start to finish without the assistance of a paralegal or secretary.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><h3 style="text-align: center;">What Types of Payment do you Accept? Can I Pay in Installments?</h3><p>Cash, checks, money orders, or Zelle transfers are accepted for payment. We prefer payment in full. However, to make it easier for some clients to pay we can accept two (2) payments of $500.00. Either way, the entire fee must be paid before the final hearing in order for the case to be sealed or expunged.</p><div class="su-divider su-divider-style-default" style="margin:15px 0;border-width:3px;border-color:#9999BB"><a href="#" style="color:#9999BB">Go to top</a></div><p>The post <a href="https://gulisanolaw.com/sealing-or-expunging-a-criminal-record-in-florida/">Sealing or Expunging a Criminal Record in Florida</a> appeared first on <a href="https://gulisanolaw.com">Gulisano Law, PLLC</a>.</p>]]></content:encoded> </item> </channel></rss> If you would like to create a banner that links to this page (i.e. this validation result), do the following:
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