Florida expungement qualification (including qualifying for a record sealing) requires that you must have:
- Never been convicted* of a criminal offense, and
- Never had a prior expungement under Florida law, and
- The charges you were arrest for are not prohibited by statute.
A step-by-step guide on how to expunge your record by first making sure you qualify.
*In Florida, you can be found guilty and not convicted. Don’t give up if you were found guilty of an offense.
If you just want us to determine if you qualify, skip done to the form below and submit your information.
Florida Expungement Qualification – Step by Step
Can you expunge your record? The specific disposition of your case and your past history determines if you qualify for sealing or expunging your record.
Record Expungement Qualification
To qualify for a Record Expungement, your case must have been either:
- no-billed (no information or not filed on), or
- acquitted after a trial, and
- (1) you have never been convicted of a criminal offense, and
- (2) you have never sealed or expunged another arrest in Florida.
Record Sealing Qualification
To qualify for a Record Sealing, your case must have been resolved in one of the following ways:
- You entered a plea of “Guilty” or “No Contest” and the Court “Withheld” the adjudication of guilt, or
- You were found guilty after a trial and the Court “Withheld” the adjudication of guilt, and
- (1) the offense you were found guilty of is not prohibited from being sealed, and
- (2) you have never been convicted of a criminal offense, and
- (3) you have never sealed or expunged another arrest in Florida.
STEP ONE – Determining What You Need Done
First, determine what type of record expungement (sealing) you really need.
- CORRECTING YOUR CRIMINAL RECORD: If you have never been arrested but have an arrest or arrests appearing on your criminal background, or your arrest and case information is inaccurate you need to correct records.
- MISTAKEN ARREST: If you were arrested due to a mistake (for example, arrested on a warrant for a person with the same name as you) then you may qualify for an administrative expungement.
- JUVENILE ARREST RECORDS: If you are a juvenile (under 18 years of age) and you are in or just completed a pretrial diversion program you may qualify for a Juvenile Expungement. This is time sensitive.
- CRIMINAL RECORD YOU WANT REMOVED: If you were arrested and you want the record expunged, please continue on to Step Two.
STEP TWO – Qualifying for an Expungement or Sealing
THIS IS IMPORTANT: Record expungement qualification requires answering just three simple questions (same for sealings). Ask yourself these three questions:
- How many times in your entire life (from the time you were born) have you been arrested?
- Have any of those arrests resulted in the Court
Adjudicatingyou guilty or delinquent?
- Have you ever sealed or expunged a different arrest record in the State of Florida before today?
#1-How Many Times Were You Arrested?
We need to know how each of your criminal cases were resolved by the court before we can determine if you qualify.
If you do not know this information you can run a criminal history check on yourself through FDLE. The cost is $24.
#2-Were You Ever Convicted?
We need to make sure you have never been convicted of a criminal offense anywhere.
In Florida, You Can Be Found Guilty AND NOT BE CONVICTED
In Florida you can be found guilty BUT NOT CONVICTED. This means that you may still qualify to have your record sealed even if you were found guilty or pled “no contest” or “guilty” to a criminal charge.
Finding Out If You Have Been Convicted
If you are not sure about the outcomes of your arrests, we can do a search for you. If that doesn’t work, you can run your own criminal history through FDLE’s website.
If you are unsure of the disposition of your juvenile records we can help you find out the answers.
If You Were Found Guilty And Had The Adjudication Withheld
If the case you want to try to expunge resulted in a withholding of the adjudication of guilt, you may be able to have your record sealed. There are some offenses that are prohibited from being sealed but we make sure that is not the case before you hire us.
STEP THREE – Getting Started
Getting started is easy. Just fill out the form below and submit it!
STEP FOUR – Sit Back And Relax
Here is the easy part. Once we get started, you’ll just have a few things to do at the beginning and then we will take it from there.
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