If you want to seal or expunge your Florida criminal record, you need a certificate. A certificate is required, because it must be submitted with your petition. Before your Jacksonville criminal attorney can expunge or seal your arrest record, he or she must obtain this document. The Florida Department of Law Enforcement is the agency that issues this certificate. Before issuing a certificate of eligibility, the FDLE will run a background check. Your Jacksonville lawyer will not receive a certificate if any of the following circumstances apply:
1. The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation. If applicable, that you have been adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.
2. The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains.
3. The criminal history record reflects that you have received a prior sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s.893.14, former s.901.33 or former s.943.058.
4. The criminal history record to which the application pertains relates to a violation of s.393.135, s.394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.14, s.817.034, s.825.1025, s.827.071, chapter 839, s.847.0133, s.847.0135, s.847.0145, s.893.135, s.916.1075 a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, F.S., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).
5. The criminal history record reflects that you have another petition to seal or expunge pending before a court or competent jurisdiction.
6. The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.
This list can also be found on the FLDE’s website.
There is another condition that applies to expunging a record in Florida. If you want to expunge your Florida criminal record, you must qualify for a record expunction. The FDLE will not issue a certificate of eligibility for an expunction if “the criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication.” It is important to note that this only applies to people that are trying to expunge a Florida record. If you are not eligible to expunge the record, you may still be able to seal your Florida record. Contact a Jacksonville criminal lawyer for help clearing your record. Call (904) 564-2525 to speak with a Jacksonville Florida attorney about your case.