Does My Client Qualify for a Sealing or Expungement in Florida?
Let’s face it. No one wants to get arrested let alone have a criminal record. The collateral consequences of having a criminal record open to the public scrutiny can be devastating. Client’s call our office all the time to ask about getting their cases sealed an expunged. Others call because their mug shot has been plastered all over the internet. Let me share a few of the answers to frequently asked questions to educate attorneys who do not practice criminal defense about what can be done regarding cleaning someone’s criminal history record.
Please do not hesitate to call a qualified attorney if you have any questions about clearing up someone’s criminal record or questions about any other criminal matter.
Q: My case was dismissed. Why do I have a criminal history record?
A: Under Florida law, all criminal history records are open to the public unless the record is sealed or expunged. Florida statute section 943.045(4) defines what is considered “criminal history information.” Section 943.045(4) says: “Criminal history information” means information collected by criminal justice agencies or persons, which information consists of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal criminal charges and the disposition thereof. The term does not include identification information, such as fingerprint records, if the information does not indicate involvement of the person in the criminal justice system.”
Q: I won my case and want to get my arrest record cleaned up. How long does it take to get my record expunged?
A: There are a few steps that need to be taken in order to get a case expunged. First, the State Attorney needs to approve the application, then the Florida Department of Law Enforcement (FDLE) needs to conduct a background check to confirm eligibility. Once FDLE approves, the Certificate of Eligibility needs to be filed with the court as an attachment to a motion for expungement. If your attorney knows what they are doing, it should not take more than approximately 9 months to have the job done.
Q: I was charged with DUI and beat the case. I was told that a DUI case cannot be sealed or expunged. Is that true?
A: Yes and no. Anyone who is found guilty of DUI cannot get their record sealed or expunged. Only qualifying cases where adjudication of guilt has been withheld are eligible to be sealed. For example, let’s say a driver was arrested for DUI, but the charges were reduced to Reckless Driving and adjudication of guilt was withheld. The driver can get the case sealed. After 10 years, the sealed case can be expunged. If the driver was found not guilty of the DUI, they are eligible to apply to get the record expunged right away without having to wait 10 years.
Q: I have been arrested more than once. How many cases can I get sealed or expunged?
A: In order for someone to meet the eligibility requirements to have a record sealed or expunged, the applicant must be able to swear under oath that he or she has never previously had a record sealed or expunged in Florida or elsewhere. A person can only seal or expunge one arrest record. More than one case can be sealed or expunged only if the court finds that the arrests arise out of the same episode of facts.
If someone contacts you seeking advice about how to clean up their criminal history, and you do not know how to advise them, the best thing you can do is to contact a qualified attorney who is well-versed in the intricacies of criminal history record sealing and expungements.
(Excerpts from Broward County Bar Association Barrister article dated December 2015, written by Robert Malove)
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