Florida's New Rules to Seal or Expunge a Criminal History Record

As of October 1, 2019, the rules for a court-ordered seal or expunction of a criminal history record in Florida have changed. The biggest changes include:

• out-of-state convictions no longer matter; and
• any juvenile arrest that resulted in an adjudication of delinquency will not bar an adult expungement or sealing (assuming the requirements of s. 943.0515, F.S., are met).

As a result, more people are now eligible to seal or expunge a criminal record. FDLE is applying these new rules retroactively, as long as the application is submitted after October 1, 2019.

Contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL, to see if you are now eligible to seal or expunge your criminal history record.

We charge $950 for the attorney fees to seal or expunge any criminal record in Florida. We can begin the process today so that it is completed without delay.

Call 813-250-0500.

Determining Eligibility to Seal or Expunge a Criminal History Record

When determining if you are eligible to seal/expunge your criminal history record, please answer the following questions:

• How was the case resolved?
• You might be eligible to seal your record if: 
• the case was nolle prossed or dropped by the State Attorney’s Office;
• the court dismissed the charge; or
• you were found "not guilty" by a judge during a bench trial or by a jury during a jury trial.
• You might be eligible to seal the record if: 
• you received a withhold of adjudication, regardless of whether you entered a "guilty" or "no contest" plea.
• If you were "adjudicated guilty" of the offense, then you are not eligible to seal or expunge that particular record.
• Do you have any other "convictions" in Florida that you make you ineligible?
• you are not eligible if you were ever "adjudicated guilty" in Florida of any felony offense;
• you are not eligible if you were ever "adjudicated guilty" in Florida of any misdemeanor offense include:
• arson under s. 806.031(1);
• assault under s. 784.011;
• assault on a law enforcement officer, a firefighter, or other specified officers under s. 784.07(2)(a);
• battery under s. 784.03;
• carrying a concealed weapon under s. 790.01(1);
• cruelty to animals under s. 828.12(1);
• exposure of sexual organs under s. 800.03;
• neglect of a child under s. 827.03(1)(e);
• open carrying of a weapon under s. 790.053;
• petit theft under s. 812.014(3);
• unlawful possession of a firearm under s. 790.22(5);
• unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property under 790.115; or
• unlawful use of destructive devices or bombs under 790.1615(1).

• If you want to seal a record, be aware that the following offenses are not eligible to be sealed: 
• sexual misconduct, as defined in s. 393.135, s. 394.4593, or s. 916.1075;
• illegal use of explosives, as defined in chapter 552;
• terrorism, as defined in s. 775.30;
• murder, as defined in s. 782.04, s. 782.065, or s. 782.09;
• manslaughter or homicide, as defined in s. 782.07, s. 782.071, or s. 782.072;
• assault or battery, as defined in ss. 784.011 and 784.03, respectively, of one family or household member by another family or household member, as defined in s. 741.28(3) (often called "domestic violence");
• aggravated assault, as defined in s. 784.021;
• felony battery, domestic battery by strangulation, or aggravated battery, as defined in ss. 784.03, 784.041, and 784.045, respectively;
• stalking or aggravated stalking, as defined in s. 784.048;
• luring or enticing a child, as defined in s. 787.025;
• human trafficking, as defined in s. 787.06;
• kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02;
• any offense defined in chapter 794 (sexual battery);
• procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03;
• lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04;
• arson, as defined in s. 806.01;
• burglary of a dwelling, as defined in s. 810.02; 
• voyeurism or video voyeurism, as defined in ss. 810.14 and 810.145, respectively;
• robbery or robbery by sudden snatching, as defined in ss. 812.13 and 812.131, respectively;
• carjacking, as defined in s. 812.133;
• home-invasion robbery, as defined in s. 812.135;
• a violation of the Florida Communications Fraud Act, as provided in s. 817.034;
• abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102;
• lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025;
• child abuse or aggravated child abuse, as defined in s. 827.03;
• sexual performance by a child, as defined in s. 827.071;
• any offense defined in chapter 839; 
• certain acts in connection with obscenity, as defined in s. 847.0133;
• any offense defined in s. 847.0135;
• selling or buying of minors, as defined in s. 847.0145;
• aircraft piracy, as defined in s. 860.16;
• manufacturing a controlled substance in violation of chapter 893;
• drug trafficking, as defined in s. 893.135; or
• any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, or sexual offender pursuant to s. 943.0435, without regard to whether that offense alone is sufficient to require such registration.

If you believe that you are now eligible to seal or expunge a criminal history record in Florida, then contact an experienced criminal defense attorney at Sammis Law Firm, in Tampa, FL.

We can help you apply to FDLE for a Certificate of Eligibility to Seal or Expunge your criminal history record.

Obtaining the certificate of eligibility is the first step toward obtaining the court-ordered sealing or expungement of that record under Sections 943.059, and 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code.

Call 813-250-0500.

This article was last updated on Monday, October 14, 2019.

New Law in Florida Increased the Theft Threshold Amount

Effective on October 1, 2019, a new law in Florida passed under 2019 CS/HB 7125 increases the threshold amounts for the following theft offenses:

	Offense			Current Threshold			New Threshold
	First-degree petit theft			≥ $100, but < $300			≥ $100, but < $750
Third-degree grand theft			≥ $300, but < $20,000			≥ $750, but < $20,000
	Third-degree grand theft of property from a dwelling or its enclosed curtilage			≥ $100, but < $300			≥ $100, but < $750

This means that effective on October 1, 2019, 2019 CS/HB 7125 increased the threshold amount for third-degree felony theft and retail theft from $300 or more to $750 or more.

Critics of raising the threshold amounts argued that the change would incentivize offenders to steal items of greater value, although studies in other states to make this change did not have that problem.

For example, a study of 23 states that changed felony theft thresholds between 2001 and 2011 revealed:

• increasing the felony theft threshold had no impact on the states' overall property crime or larceny rates;
• the states that increased the thresholds reported roughly the same average decrease in crime as the 27 states that did not; and
• the amount of a state's felony theft threshold did not correlate with the state's property crime and larceny rates.

See Lauren Krisai, Stuck in the 80s: Time for Reform of Florida's Felony Theft Threshold, The Journal of the James Madison Institute (Spring 2017).

Changes to the Way the Amounts in Theft Crimes are Aggregated

The new legislation also increases the period for which the value of the property taken during multiple thefts may be aggregated to determine the offense level from 48 hours to 30 days.

This new crime has a 30-day aggregation period under which any property taken or placed within such period can be aggregated to determine the offense level of the crime.

For example, for the second-degree felony version of retail theft, a 30 day aggregation period applies to determine whether the value of the property taken over a series of retail thefts exceeds $3,000.

Conspiring to Commit Retail Theft with the Intent to Sell Stolen Property

The new legislation in Florida makes it a crime to conspire to commit retail theft with the intent to sell the stolen property for monetary gain when the person who commits the theft subsequently places the stolen property in the control of another person in exchange for consideration.

The new crime of conspiring to commit retail theft to subsequently place the stolen property in the control of another person also qualifies as a second-degree felony if the value of the property taken, aggregated over 30 days, exceeds $3,000.

Changes for Other Types of Theft Crimes in Florida

Florida new theft law that takes effect on October 1, 2019, also increases the threshold amounts for other theft offenses including:

• Theft of State Funds 
• Second Degree Misdemeanor was < $300 now < $1,000 
• Third Degree Felony was ≥ $300 now ≥ $1,000 
• Obtaining Food or Lodging with Intent to Defraud 
• Second Degree Misdemeanor was < $300 now < $1,000 
• Third Degree Felony was ≥ $300 now ≥ $1,000 
• Removal of Property Upon Which a Lien Has Accrued 
• Second Degree Misdemeanor was ≤ $50 now < $1,000 
• Third Degree Felony was > $50 now ≥ $1,000 
• Sale of Used Motor Vehicle Goods as New 
• First Degree Misdemeanor was None now < $1,000 
• Third Degree Felony was > $100 now ≥ $1,000

Special Rules for Theft of a Fire Extinguisher

Under the new legislation, theft of a fire extinguisher qualifies as a third-degree felony regardless of the actual value of the item, but only when the fire extinguisher is actually installed in a building for the purpose of fire prevention or control at the time of the taking.

The new legislation specifically excludes the theft of a fire extinguisher from the inventory at a point-of-sale business as a third-degree felony, but the theft offense level will be determined by the actual value of the property.

Attorneys for Theft Crimes in Florida

The criminal defense attorneys at Sammis Law Firm represent clients accused of theft crimes throughout Tampa, Hillsborough County, and the greater Tampa Bay area. Our main office is located in downtown Tampa, FL, just a few blocks from the courthouse.

We also have a second office located in New Port Richey in Pasco County, across from the courthouse at the West Pasco Judicial Center.

Our criminal defense attorneys are experienced fighting a variety of theft crimes including petit theft, grand theft, and retail theft.

Call 813-250-0500.