Sealing or Expunging a Criminal Record in Florida (Frequently Asked Questions)
What Does It Mean to Have a Criminal Record Sealed?
In Florida, a sealed criminal record officially becomes confidential information. This means that the general public will no longer have any legal means to access it. However, state and local police officers may still access a sealed criminal record under certain circumstances.
What Is Expungement?
While expungement of a criminal record is somewhat similar to sealing a record, there is a significant difference. If your record has been expunged, the physical copy of that record held by a court or most law enforcement agencies will be ordered destroyed. However, a copy will remain on file with the Florida Department of Law Enforcement. The public will lose the ability to access this information.
Sealing and Expungement: Is It Worth It?
Yes. If your criminal record can be sealed or expunged, it is likely well worth the effort. For most people, there are tangible and intangible advantages to sealing or expunging a record. Three significant benefits include:
- Employment: Most Florida employers conduct criminal background checks on prospective employees. A clean record will go a long way toward helping you obtain employment. In some instances, expungement may also allow you to avoid disclosing your prior record to future employers. However, disclosure may still be required in specific fields like law enforcement.
- Housing: Florida landlords often perform basic criminal background checks on potential tenants. Sealing or expunging your records can increase your chances of approval and may even reduce your security deposit or rent obligations.
- Peace of Mind: Expungement can give you additional privacy, especially considering how easy it is to access personal information online. Many people report a deep sense of relief and satisfaction after sealing or expunging their records.
Can All Convictions Be Sealed or Expunged?
No. Certain convictions are never eligible for sealing or expungement under Florida law. A non-exhaustive list of ineligible convictions includes:
- Certain sexual crimes, particularly those involving minors
- Some domestic violence crimes
- Manslaughter
- Homicide
Always consult with a qualified criminal defense lawyer to determine your eligibility.
FAQ About Sealing or Expunging Criminal Records in Florida
Can a DUI conviction be sealed or expunged in Florida?
No, a DUI conviction cannot typically be sealed or expunged. However, if your DUI charges were dismissed or resulted in a “withhold of adjudication,” you may qualify for expungement or record sealing.
Are DWI convictions eligible for expungement in Florida?
A DWI(Driving While Intoxicated) conviction is not eligible for expungement. However, if the DWI charges were dropped or you avoided conviction, you might qualify for record sealing.
Can felony DUI or DWI charges be expunged?
Felony charges, such as a felony DUI or felony DWI, are not eligible for expungement if they result in a conviction. However, charges that were dismissed or reduced may be eligible for sealing.
Are DUI homicide or DWI homicide convictions eligible for expungement?
No, convictions for DUI homicide or DWI homicide are ineligible for expungement or sealing due to the severity of these offenses.
How does a Tampa criminal DUI lawyer assist with expungement?
A Tampa criminal DUI lawyer can help determine if you qualify for sealing or expungement, guide you through the process, and ensure all legal requirements are met. If you’re dealing with DUI charges, their expertise can be critical.
Can a first-time DUI or DWI charge be sealed?
Yes, if your first-time DUI or DWI charges resulted in a “withhold of adjudication” or dismissal, you might qualify for record sealing. A Tampa DUI defense lawyer can confirm your eligibility.
What if my DUI charge was reduced to reckless driving?
If your DUI charges were reduced to reckless driving and you were acquitted, you may qualify to have the record sealed. Consult with a Tampa DUI defense lawyer for further assistance.
Do You Need Legal Assistance?
At The Pawlowski//Mastrilli Law Group, our criminal defense lawyers have helped protect the rights of many people throughout the Tampa region. Whether you’re dealing with DUI charges, a DWI conviction, or seeking to seal or expunge your record, we can provide the guidance you need.
If you’re unsure about your eligibility or need help with expungement, contact our Tampa DUI defense lawyer for personalized support. Call 813-242-4404 to schedule a confidential review of your case today.
