A criminal record can make it challenging to resume your life even after you’ve paid your debt to society. Your record may appear in background checks for jobs, housing, educational programs, or financial services. The stigma of a criminal record may lead employers, landlords, or educational and financial institutions to deny you the opportunities you deserve. Fortunately, Florida law permits eligible individuals to seal their criminal records, which restricts access for anyone without a legal right to access the information in the record, such as a law enforcement or corrections agency. Although sealing a criminal record does not destroy or delete the record, it significantly restricts access to it, allowing individuals who have resolved their criminal charges to move forward with their lives.
Florida has strict eligibility requirements for sealing a criminal record, though, and the process is not straightforward. Instead of going it alone, get help from an experienced criminal defense attorney from Reed Palacios Law Offices. We will review your circumstances, determine whether you qualify, and guide you through the process of sealing your criminal records in the Monroe County Court system. Contact us today for an initial consultation with a record sealing attorney in the Florida Keys.
Why Choose an Attorney From Reed Palacios Law Offices to Help You Seal Your Criminal Record?
Sealing a criminal record can give you a clean slate after favorably resolving criminal charges following an arrest. Hiring experienced legal counsel can help you through the sealing process. For years, people throughout the Keys have turned to the legal team at Reed Palacios Law Offices for advice and guidance because:
- We take the time to sit down with you to discuss your story, needs, and goals, identify your legal options, and advise you regarding the best paths forward.
- Our attorneys have over 30 years of experience in the criminal justice system. Having worked on both sides of the criminal courtroom, we know what it takes to achieve optimal results for our clients.
Who Can Seal Their Criminal Record?
Florida law imposes several eligibility requirements for offenders wishing to seal their criminal records. First, a person wishing to seal their criminal record must never have received a guilty verdict or
adjudication of delinquency in Florida for any felony or specific misdemeanor offenses, including:
- Assault
- Battery
- Assault on a law enforcement officer or firefighter
- Carrying a concealed weapon
- Open carrying of a weapon
- Unlawful possession or discharge of a firearm at a school event or on school property
- Unlawful use of a bomb or destructive device
- Unlawful possession of a firearm by a minor
- Exposure of sexual organs
- Arson
- Petit theft
- Child neglect
- Animal cruelty
Other eligibility criteria include:
- The person must not have received an adjudication of guilt or delinquency for the case they wish to seal
- The person has completed any court supervision in the case they wish to seal
- The person has no outstanding fines, fees, court costs, or restitution
- The person has never previously obtained sealing or expunction of a criminal record
However, the
law excludes specific criminal offenses from having conviction records sealed, including:
- Sexual misconduct
- Illegal issue of explosives
- Terrorism
- Murder
- Manslaughter
- Domestic assault or battery
- Aggravated assault
- Felony battery, domestic battery by strangulation, or aggravated battery
- Stalking/aggravated stalking
- Luring or enticing a child
- Human trafficking
- Kidnapping or false imprisonment
- Any sexual battery offense
- Procuring a child for prostitution
- Lewd or lascivious conduct committed in the presence of children under 16, an elderly adult, or a disabled person
- Arson
- Burglary of a dwelling
- Voyeurism
- Robbery
- Carjacking
- Home-invasion robbery
- Violations of the Florida Communications Fraud Act
- Abuse or aggravated abuse of an older adult or disabled person
- Child abuse
- Sexual performance by a child
- Offenses by public officials or employees
- Child pornography offenses
- Selling or buying minors
- Aircraft piracy
- Manufacturing a controlled substance
- Drug trafficking
- Any violation constituting a predicate offense for registration as a sexual predator or sex offender
The Process of Sealing a Criminal Record
Sealing a criminal record in Florida involves a multi-step process. First, a person wishing to seal their criminal record must apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility for sealing. A person applying for a certificate of eligibility must submit to FDLE a certified copy of the disposition of the charge whose record they wish to seal. When FDLE finds that an applicant meets the eligibility criteria to seal their criminal record for a specific charge, it will issue the certificate of eligibility, which remains valid for 12 months from the date stamped on the certificate.
After obtaining a certificate of eligibility from FDLE, an applicant can petition the Monroe County Court to seal their criminal record. A petition must include the certificate of eligibility and the applicant’s sworn statement stating that the applicant satisfies the statutory criteria for sealing and, to the best of the applicant’s knowledge, qualifies for sealing (including not having any other petition to seal pending before a court in Florida). The state attorney or statewide prosecutor and the arresting law enforcement agency must receive copies of the petition and have the opportunity to file a response to the petition.
When the court grants a petition to seal, the court clerk certifies copies of the court’s order and sends them to the appropriate state attorney and arresting agency; the arresting agency must forward the order to any other agency to which it sent the applicant’s criminal history information. FDLE will also forward a copy of the order to the FBI.
Sometimes, a person may qualify for automatic sealing of criminal records. Under Florida law, FDLE must automatically seal a criminal record for a charge that does not result in an indictment, criminal information, or other charging document if:
- Prosecutors did not file an indictment, information, or other charging documents (No Action).
- Prosecutors filed an indictment, information, or other charging document but ultimately chose to dismiss or nolle prosequi the charges, or the trial court dismissed all counts.
- A jury or judge rendered a not guilty verdict on all counts (however, verdicts of not guilty by reason of insanity do not qualify).
- The judge issued a judgment of acquittal on all counts.
Sealing of a criminal record restricts access to the record to:
- The arrested/charged individual and their legal counsel
- Criminal justice agencies for specific purposes, such as conducting criminal background checks for firearms purchases/transfers
- Judges for sentencing purposes
- Specific government agencies for licensing and employment decisions
Furthermore, a person who has their criminal record sealed may lawfully deny the fact of their arrest or charge, except when seeking employment with a criminal justice agency, facing subsequent criminal prosecution, filing a subsequent petition to seal, seeking admission to the Florida Bar, seeking employment or licensure with certain Florida agencies, seeking to purchase a firearm from a licensed dealer, or seeking appointment as a guardian.
Contact Reed Palacios Law Today
If you’ve resolved your criminal charges in Monroe County, you may have the right to request to seal your criminal history record. Take your first step on the way to a fresh start when you contact Reed Palacios Law Offices today for a confidential consultation with our knowledgeable
legal team to learn more about sealing criminal records in the Keys.
