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.