Can I Seal or Expunge My Criminal Record?

You may seal or expunge your Florida criminal record related to one* criminal episode if:

  1. You have never obtained a previous sealing or expungement.
  2. You have never been adjudicated guilty of any criminal offense.
  3. You are not currently under any type of court supervision, which includes probation, house arrest, or pretrial release.
  4. You did not enter a plea of guilty or nolo contendere (No Contest) to an offense ineligible under Florida law to be sealed or expunged.

*You may be able to seal or expunge more than one arrest if the second arrest is related to the first arrest.

If I meet the above criteria, can I seal or expunge?

You may or may not be able to seal or expunge your record if you meet the above criteria, depending on the nature of your charge and how the case was resolved. If the State dropped or dismissed the charges against you, then you may be eligible to have the charge(s) expunged, no matter what the charge was/is. However, if you entered a plea of guilty or no contest to any of the following charges, you cannot seal or expunge your record:

  • Aircraft piracy
  • Arson
  • Aggravated assault
  • Aggravated Battery
  • Burglary of a dwelling
  • Carjacking
  • Child (Abuse or Aggravated)
  • Capital Sexual Battery (Sex with child 12 to 18 by familial member)
  • Child (Sexual performance of)
  • Communications Fraud Act Violations
  • Domestic Violence (Resulting in Injury)
  • Drug Trafficking
  • Elderly (Abuse or Aggravated)
  • Explosives, illegal use of
  • Homicide
  • Kidnapping
  • Lewd or lascivious Acts on Children
  • Lewd or lascivious Acts on the Elderly
  • Manslaughter
  • Obscenity (Computer Pornography)
  • Prostitution (Procuring under 18)
  • Providing Obscene Materials to Minors
  • Public Officer or Public Employee Offenses
  • Robbery
  • Robbery (Home Invasion)
  • Selling Obscene Materials to Minors (or Buying for)
  • Sexual Battery
  • Sexual Misconduct
  • Sexual Misconduct (DCF)
  • Sexual Misconduct (Corrections)
  • Stalking and Aggravated stalking
  • Terrorism

What's the difference between a sealing and expungement?

Sealed records are kept by the courts and law enforcement agencies, but they cannot disclose them to the public. However, if your record is expunged, courts and law enforcement agencies that possess your record must physically destroy it.

What do I say if someone asks if I've ever been arrested or convicted of a crime, after my charge(s) were sealed or expunged?

You may lawfully deny or fail to acknowledge the arrests covered by the sealed or expunged record with limited exceptions that are outlined in the statute.

Free Sealing or Expungement Consultation

To find out if you are eligible and/or whether or not you would personally benefit from having your past criminal charges sealed or expunged, call Johnson & Montas P.A. at 321-307-2048 or fill out our contact form to schedule an attorney consultation.