Florida Sealing vs. Expungement Definitions
If you have a past offense on your record, you may be wondering what options you have to hide it. Old convictions showing up on background checks can be stressful. You’ve turned your life around; don’t you have the right to a blank slate? Depending on the offense, you may have the option of sealing or expunging your record.
Sealing Your Record
If you choose to have your record sealed, it means no one can see your past criminal record without a court order.
The following will no longer be able to see your past charges:
- Landlords
- Schools
- Employers
- The general public
Only in special circumstances will anyone be able to view your sealed record. If you are getting a particular background check through the FBI, your record can be seen.
Eligibility
You are eligible for record sealing if:
- You have completed probation
- You have no other charges pending against you
- You have no other convictions
- If you were not adjudicated guilty
Expunging Your Record
With a sealed record, your past offenses are still technically accessible. With an expungement, it essentially clears your record. Government entities can still see expunged records but will need a court order to do so.
Expungement keeps your past record as confidential as possible.
Eligibility
You are eligible if:
- You were not found guilty of the offense
- You have no previous expunged or sealed records
- You are seeking expungement for a record that has been sealed for at least ten years.
Ineligible Offenses
If you committed any of the following offenses, you would not qualify for sealing or expungement.
- Assault
- Battery
- Arson
- Kidnapping
- Homicide
- Sex crimes involving minors
Miami Expungement Attorneys
If you want to learn more about record sealing and expungement, or you’re still unsure of whether or not your case would qualify, contact Hager & Schwartz, P.A. today. We can determine if you’re eligible to seek expungement and guide you through the process.