An arrest record, even if you’re acquitted or never actually charged, can impede your efforts to get a job, housing, loans and other benefits and can damage your reputation in the community. The good news is that it might be possible for you to eliminate or substantially limit the stigma of a criminal record by making it unavailable to the public or by eliminating it altogether. But the circumstances that allow such options are limited and it’s not easy to get a record sealed or expunged without experienced legal help.

Under Florida law, sealing and expungement (also known as expunction) are two different processes. Sealing preserves the criminal record but makes it inaccessible to all but a limited number of government agencies. Expungement is the court-ordered physical destruction of all or part of a criminal record, except for one copy retained by the Florida Department of Law but kept confidential.

You must petition the court for either form of relief, but the conditions under which you may do so differ. Sealing is available if you weren’t convicted of a crime or, in some cases, if the judge withheld adjudication. When a Florida judge withholds adjudication, a guilty plea or guilty verdict is not treated as a conviction. However, you may not seal your records in the following circumstances:

• They relate to certain serious crimes.
• They concern crimes to which you pled guilty or no contest or of which you were found guilty, even if adjudication was withheld.
• A court previously sealed or expunged your records.
• You have another petition to seal or expunge pending in court.

An experienced criminal defense attorney can advise you whether you meet the strict standards for sealing records.

Expungement is available in more limited circumstances. You may expunge records of an alleged crime if any of the following apply:

• You were never charged with a crime.
• The charges against you were dismissed.
• The records were sealed for 10 years.

All of the exceptions that prevent sealing a record also prevent expunging it.

If your criminal record is sealed or expunged, you may legally deny having it, except in certain limited circumstances, such as if you apply for a job in the criminal justice system, law enforcement or child services.

Because of the difficulties of sealing or expunging your criminal records and the fact that you can only do it once, you need a well-qualified sealing and expungement attorney to represent you in the proceedings.

With 27 years of Florida criminal practice experience, the Law Offices of Tad A. Yates, P.A. in Orlando can advise you on the availability of sealing or expunging your records and guide you through the process. Call 407-608-7777 or contact us online for a free consultation.