If you want to seal your Florida criminal record, you must take certain steps. You want to make sure that the crime that you would like to seal is permitted to be sealed. Florida Statute Section 943.059 will not allow a criminal defendant to seal certain crimes. This Florida record sealing law states:
“A criminal history record that 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 any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435, may not be sealed, without regard to whether adjudication was withheld, if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act.”
If you pleaded guilty or no contest to a crime that is not prohibited in Section 943.059, you may be able to seal your Florida criminal record, but there are other requirements that must be met. For instance, you cannot have any criminal convictions. If you received a withhold of adjudication, you were not convicted of that crime. If adjudication was withheld and you were placed on probation, do not violate your probation. If you do violate your probation in Jacksonville Florida, you could be convicted of the crime. If the judge adjudicates you guilty, you will not be able to seal the arrest record.
In order to seal your record in Florida, you must finish your sentence. This means that your case must be complete. You cannot seal your record while you are still on probation. Florida Administrative Code (FAC) Rule 11C-7.007 states: “A certified copy of the disposition of the charge or charges to which the petition to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.” Your certified copy of the disposition will tell the Florida Department of Law Enforcement that the case was completed. It will also tell the FDLE that adjudication was withheld. You need this in order to start the record sealing process.
A record seal does not happen quickly in Florida. The FDLE processes many applications to seal and expunge Florida records. The FDLE takes a while to complete all of these applications. You want to make sure that your application packet is complete and that you are not missing anything. FAC Rule 11C-7.007 states: “If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.” A Jacksonville criminal lawyer can help you with this process. The application is just the first step you must take when sealing a record in Florida. A Jacksonville criminal attorney will help you avoid mistakes. Call 20 Miles Law to speak with a Jacksonville lawyer about your case.