Florida Law for Expunging and Sealing Records in Jacksonville

Florida Criminal Record Expungment

Lock your criminal history up with a record seal.

You may be able to seal or expunge your criminal record in Jacksonville FL.  If you want to erase a Florida criminal record, you must be eligible.  There are two laws that are used to seal or expunge a Florida record.   The laws are FL Statute Sections 943.059 and 943.0585. Section 943.059 is used to seal your criminal record.  Most of the time, a person will seal his or her record if he or she was given a withhold of adjudication in the case.  This means that you pleaded guilty or no contest to a charge and the judge did not convict you.  Instead, the adjudication was withheld.  You may also be able to seal your record if you were found not guilty after a trial.

If your charges were dropped or the prosecutor declined to prosecute your case, you may be able to expunge your record.  This is also true if you successfully completed a diversion program.  Many Florida state attorney’s offices offer a diversion program.  Clay, St. Johns and Duval County all have diversion programs that may apply to certain defendants.  Make sure to talk to your Jacksonville criminal lawyer about this if you have been arrested.  If your charges have been dropped or dismissed, you may be eligible for a record expungment.  The law used for a record expunction is FL Statute Section 943.0585.

To clear your record, you must fall under one of these laws.  There is an exception.  Jacksonville juvenile delinquents have another law that deals with record expungments in Florida.  This is FL Statute Section 943.0582.  This law applies only to expunging a juvenile record in Florida.  Although FL Statute Section 943.5085 and 943.059 are different laws, there is a part that is the same with both laws.  Regardless of which record you use, you will be able to deny that you were arrested in Jacksonville.  There are only certain agencies that the law does not permit denial.  If you are:

1. A candidate for employment with a criminal justice agency;

2. A defendant in a criminal prosecution;

3. Concurrently or subsequently petitions for relief under this section or s. 943.059;

4. A candidate for admission to The Florida Bar;

5. Are seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in s. 110.1127(3), s. 393.063, s. 394.4572(1), s. 397.451, s. 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(5), chapter 916, s. 985.644, chapter 400, or chapter 429;

6. Are seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or

7. Are seeking authorization from a seaport listed in s. 311.09 for employment within or access to one or more of such seaports pursuant to s. 311.12.

(b) Subject to the exceptions in paragraph (a), a person who has been granted an expunction under this section, former s. 893.14, former s. 901.33, or former s. 943.058 may not be held under any provision of law of this state to commit perjury or to be otherwise liable for giving a false statement by reason of such person’s failure to recite or acknowledge an expunged criminal history record.

(c) Information relating to the existence of an expunged criminal history record which is provided in accordance with paragraph (a) is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that the department shall disclose the existence of a criminal history record ordered expunged to the entities set forth in subparagraphs (a)1., 4., 5., 6., and 7. for their respective licensing, access authorization, and employment purposes, and to criminal justice agencies for their respective criminal justice purposes. It is unlawful for any employee of an entity set forth in subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., subparagraph (a)6., or subparagraph (a)7. to disclose information relating to the existence of an expunged criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions. Any person who violates this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.


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