Determining your expungement qualification is as easy as answering a few questions. Just submit you information in the form at the bottom of this page or read through the questions in-between.
Step by Step Guide on Qualifying
The first thing you need to determine is if you qualify to have your arrest record either expunged or sealed. There is no sense in paying an attorney to help you with this if you do not qualify. Luckily, determining your qualification is quite simple.
Qualifying for a Florida Record Expungement
How to Qualify to Expunge an Arrest Record in Florida
- Find out the outcome of the arrest you want expunged.
You need to know what happened to your case. To expunge, your case needs to have been dismissed, dropped, or found not guilty (or it has been sealed for ten years). You can find this information out by contacting the Clerk of Court in the County where you were arrested.
- Know your criminal history.
If you have been arrested more than once in Florida, you need to make sure none of those arrests resulted in a conviction. You can run a Florida Criminal History on yourself through the Florida Department of Law Enforcement’s [FDLE] website.
- Know if you have ever sealed or expunged any other arrest in Florida.
Florida law only allows you to seal or expunge a single Florida arrest record. There is a juvenile record exception to this so don’t worry about juvenile cases now (discuss with attorney).
Qualifying for a Florida Record Sealing
To qualify for a Florida 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 or adjudicated delinquent of a criminal offense in Florida, and
- (3) you have never sealed or expunged another arrest in Florida.
Let’s Look at Some of These Questions
Let’s take a more in-depth look at some of these questions.
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. You may not remember how all of your arrests were resolved. If you have been arrested more than once, you should run an FDLE criminal history on yourself. The cost is $24.
Were You Ever Convicted?
We need to make sure you have never been convicted (adjudicated guilty) or adjudicated delinquent of a criminal offense in Florida. Some juvenile convictions may not count and we can discuss those if it is an issue.
Currently, an out-of-state conviction will disqualify you. However, a new law passed in Florida may change this. Still, it’s good to check if you have arrests in other states. Run a criminal history in other states.
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. See, differences between conviction and withhold of adjudication.
Specific Offenses Cannot be Sealed if You Were Found Guilty
If the arrest/case you want removed resulted in a withhold of adjudication, you may be able to have it sealed. However, there are some charges that cannot be sealed even if adjudication was withheld. FDLE maintains a list of offenses that are not allowed to be sealed even if adjudication is withheld.
For More Information Emailed to You
If you would like more information emailed to you or you feel you may qualify or have questions about qualifying, please submit your information in the form below and we will contact you.