Can My Juvenile Record Make Me Ineligible to Seal or Expunge?

The attorneys at the Sammis Law Firm help people throughout Florida seal or expunge a criminal history record. We charge a flat fee of $950 which also includes everything need to seal or expunge the record. For your convenience, we also contact data mining companies to demand they take down your mug shot from sites such as mugshots[dot com] or arrests[dot com].

When people call us, they often ask: "Will my juvenile record make me ineligible?" 

The current answer is that if you were "adjudicated guilty" of any of the following offenses in juvenile court, then you are not eligible for the court-ordered process to seal or expunge any other record as an adult. Those offenses include:

• Assault, as defined in s. 784.011; 
• Battery, as defined in s. 784.03;
• Carrying a concealed weapon, as defined in s. 790.01(1);
• Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1);
• Neglect of a child, as defined in s. 827.03(1)(e);
• Assault or battery on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a) and (b);
• Open carrying of a weapon, as defined in s. 790.053;
• Exposure of sexual organs, as defined in s. 800.03;
• Unlawful possession of a firearm, as defined in s. 790.22(5);
• Petit theft, as defined in s. 812.014(3);
• Cruelty to animals, as defined in s. 828.12(1);
• Arson, as defined in s. 806.031(1); and 
• Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as provided in s. 790.115.

Currently, if you were adjudicated guilty of one of these offenses, even a misdemeanor, then you become forever ineligible for the once in a lifetime court-ordered process to seal or expunge any other record. 

A bill pending in the Florida legislature would change that, making an exception to this rule if the adjudication of delinquency was for a misdemeanor and more than 10 years had passed.

The Impact of Florida's 2018 CS/SB 298

Florida law currently prohibits a person who has ever been adjudicated delinquent of a misdemeanor specified in s. 943.051(3)(b), F.S., from being eligible to have any criminal history record sealed or expunged. A bill pending in the Florida legislature, CS/SB 298, would allow a person who has not been adjudicated delinquent of a misdemeanor specified in s. 943.051(3)(b), F.S., in the past 10 years to be eligible to seek a sealing or expunction of a criminal history record.

Florida law currently requires a person to have a criminal history record sealed for a minimum of 10 years before seeking an expunction if their criminal history record resulted in a  judgment of acquittal or a not guilty verdict at trial. CS/SB 298, if passed, would also enable a person to seek the immediate expunction of a criminal history record associated with a judgment of acquittal or a not guilty verdict.

If it passed, the proposed legislation would become effective on July 1, 2018, and would increase the number of people eligible to have a record sealed or expunged. 

Additional Resources

2018 CS/SB 298: Criminal History Records - Read more about changes to Florida's rules to seal or expunge a criminal history record and pending legislation to revise the facts that must be attested to by a petitioner in a statement submitted in support of the expunction of a criminal history record so that an adjudication of delinquency for a specified misdemeanor that is more than 10 years old would not make a person ineligible to seal or expunge another record. The bill is currently pending in the Judiciary.

How Long Does it Take to Seal or Expunge the Criminal Record? - Find out why it takes 6-10 months to seal or expunge a criminal record in Tampa or Hillsborough County, FL. Learn more about why you might need an attorney to help you seal or expunge the record instead of trying to do it yourself to save money.

Finding Tampa Attorneys to Seal or Expunge a Criminal Record

If you want to seal or expunge a criminal record through the court ordered process described in Section 943.0582, F.S., then give us a call to determine if you might be eligible. 

We also represent clients in other types of processes to seal or expunge a criminal record including the administrative expunction explained in Section 943.0585, or the juvenile diversion expunction described in Section 943.0585(5).

Call 813-250-0500 to discuss your case.