Proven Winners
In Criminal Defense

What is expungement in Florida?

On Behalf of | Sep 20, 2022 | Expungement

If you get investigated for a crime, you may want to eliminate any public record of the matter.

Under Florida law, you can apply to the court to destroy your criminal file or seal the record.

Destruction of criminal history

Florida law permits the court to order the complete expunction of your criminal history file if you meet specific qualifications. For the record you want the court to delete, the investigation must have resulted in no charges or indictments against you. The prosecutor could also have elected not to prosecute the matter.

You also must not have any other charges on similar matters that led to findings of guilt on your behalf and no finding of guilt on the current investigation. You also are not allowed to have any other expungements on record or requests pending.

Barring public access

You can also petition the court to seal your criminal history file. A sealing prevents members of the public from accessing the record. Like an expungement, you cannot have a guilty finding for any of the current charges or on any similar matter. You also cannot have another sealing or expungement petition granted in the past or pending.

Disqualifying offenses

Under Florida law, certain crimes do not qualify for sealing or expungement. These offenses include a variety of violent crimes, such as sexual battery, assault and burglary.

Suppose you must protect your reputation for your job or community. In that case, you may consider applying for an expungement or sealing so others cannot access information on your criminal investigation.