Expungement in Florida
If you are interested in expungement in Florida, contact Tampa expungement attorney William B. Wynne today to discuss your options. Despite popular opinion, a criminal arrest record does not simply disappear over time. It doesn’t matter if the charges were dismissed against you, or if you were acquitted at trial. The fact that you were arrested or charged with a criminal law violation will remain public record permanently unless a judge orders it to be sealed or expunged. Even without a conviction, a criminal case can cause people serious problems with employment, housing and other important areas. In today’s modern age of high speed information, it is becoming increasingly popular and economically viable for both public and private parties to conduct background checks.
"A criminal arrest record does not simply disappear over time. It doesn’t matter if the charges were dismissed against you, or if you were acquitted at trial.”
Do You Qualify for Expungement in Florida?
The following is a list of qualifying criteria:
- No prior convictions: You cannot have been previously convicted (adjudicated guilty) for any criminal offense anywhere. This means that even if you were found guilty of a petty offense over thirty years ago, you will not be eligible for expungement in Florida. Update: As of October 1, 2019, a change in the allow now allows for out-of-state convictions. So, under the current law, only Florida convictions will disqualify you.
- No prior sealing/expungement: You cannot have previously had your records sealed or expunged. You may have your record sealed or expunged only once. Keep in mind, a prior expungement or sealing from a different state is okay.
- You cannot be currently under court supervision, community control, probation, etc.
- If you received a withhold of adjudication for your offense, your offense isn’t one of the crimes listed below. (See the list of crimes at the bottom of this page.) However, keep in mind, that if the charges were dismissed, or never filed, you can expunge the record even if the crime appears on the list below.
- Only arrest records that originated in Florida can be sealed or expunged by this firm. Each state has its own laws pertaining to the expungement and sealing process. If your arrest record pertains to charges that occurred in another state, you will need to contact an attorney licensed in that state.
For even more information, see my blog post, "Expungement 101."
We Can Help
If you are eligible, expunging or sealing your criminal record will prevent others from discriminating against you based on your criminal history. What exactly does this entail? We start by reviewing your criminal history and then applying for eligibility through the Florida Department of Law Enforcement (FDLE). After receiving a certificate of eligibility from the FDLE, we then petition the court to seal or expunge your arrest record. Once this process is complete, and your record is officially expunged, you may lawfully deny or fail to acknowledge anything having to do with the criminal case.
The Law Office of William B. Wynne, P.L.L.C., provides expungement and sealing services throughout the entire state of Florida. If you are interested in expungement in Florida, please call today for a free consultation.
The following is a list of crimes that cannot be sealed, even if adjudication was withheld.
- Luring or Enticing a Child – F.S. 787.025
- Sexual Battery and related offense – Chapter 794
- Procuring person under 18 for prostitution – F.S. 796.03
- Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age – F.S. 800.04
- Voyeurism – F.S. 810.14
- Violations of the Florida Communications Fraud Act (Scheme to defraud or Organized Fraud as defined in F.S. 817.034)
- Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult – F.S. 825.1025
- Sexual Performance by a child – F.S. 827.071
- Sexual misconduct with mentally deficient or mentally ill defendant and related offenses.
- A violation of any offense qualify for registration as a sexual predator under F.S. 775.21 or for registration as a sexual offender under F.S. 943.0435.
- Offenses by public officers and employees – Chapter 839
- Giving/showing/transmitting/loaning obscene materials to a minor – F.S. 847.0133
- Computer pornography(child related) – F.S. 847.0135
- Selling or buying of minors – F.S. 847.0145
- Drug Trafficking (Trafficking in Controlled Substances) – F.S. 893.135 (This does not include possession)
- Violations of Pretrial detention or release – F.S. 907.041
- Arson – F.S. 806.01
- Aggravated Assault – F.S. 784.021
- Aggravated Battery – F.S. 784.045
- Illegal use of explosives – F.S. 790.001
- Child abuse or aggravated child abuse- Chapter 827
- Abuse of elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft Piracy
- Kidnapping – Chapter 787
- Homicide – Chapter 782
- Manslaughter – F.S. 782.07
- Robbery – F.S. 812.13
- Carjacking – F.S. 812.133
- Sexual activity with a child, who is 12 years of age or older, but less than 18 years of age, by or at solicitation of a person in familial or custodial authority – F.S. 827.071
- Burglary of a dwelling – F.S. 810.02
- Stalking and aggravated stalking – F.S. 784.048
- Act of Domestic Violence as defined in F.S. 741.28
- Home invasion robbery – F.S. 812.135
- Act of terrorism as defined by F.S. 775.30
- Manufacturing any substances in violation of chapter 893
- Attempting or conspiring to commit any of the above crimes