FL Laws for Sealing or Expunging a Duval County Arrest

Jacksonville Criminal Record

If you were arrested, there is a record.

If you were arrested in Duval County, there is a record of your arrest. Multiple agencies have a record of this arrest. For instance, if you were arrested in Atlantic Beach FL, the Atlantic Beach Police Department has a record showing that you were arrested. The Atlantic Beach police officer took you to the Duval County Pretrial Detention Facility, which is the jail located in downtown Jacksonville. The Jacksonville Sheriff’s Office has a record of your arrest and the booking process that occurred. You were likely sent to first appearance court for a bond hearing at the jail. The Duval County Clerk of Court has a file showing this and all other events that occurred thereafter at the Duval County Courthouse. This includes all documents filed by your Jacksonville criminal lawyer and the Duval County State Attorney’s Office. Even if your charges were eventually dropped or dismissed, an arrest record still exists. In order to clear your Florida criminal record showing this arrest, you must expunge the arrest.

Florida Statute Section 943.0585 is the law that allows a defendant to expunge a record. In order to expunge your Florida criminal record, you must be eligible. If your charges were dropped, abandoned, or dismissed, you may be able to expunge your record. You must meet certain criteria in order to expunge a record. In other words, you must be eligible for a Florida record expunction.

Can I Expunge My Florida Criminal Record?

If you want to expunge your record in Duval County, speak to a Jacksonville criminal attorney about your case. Call 20 Miles Law at (904) 564-2525. Here is a checklist to help determine eligibility for a record expunction:

  1. Were your charges dropped or dismissed or has your record been sealed for 10 years?  If so, you may be eligible for a record expunction in Florida.
  2. Have you been convicted of a criminal offense as an adult or adjudicated delinquent as a juvenile?  If so, you are not eligible to expunge your record.
  3. Have you ever had your criminal record sealed or expunged? If so, you may not be eligible to expunge your record, but you should talk to a Jacksonville lawyer with experience sealing and expunging records about this. This question does not apply if you had an offense sealed 10 years ago, and you are now applying to have that same offense expunged.
 Also, if you have had a record sealed or expunged in another state, you may still be able to expunge your record in Florida.  Read Can I Seal or Expunge My Florida Record if I Have a Prior Seal or Expunction? for more information.

If you are not able to expunge your arrest, you may be able to seal your Florida criminal record. Florida Statute Section 943.059 gives you the criteria that you must meet in order to be able to seal your criminal history. In order to seal your record, you cannot have been adjudicated guilty of a crime. An adjudication of guilt is also known as a conviction. If the judge withheld adjudication and did not technically convict you, you may be able to seal your Florida criminal record.

Can I Seal My Florida Criminal Record?

As with expunging a record, there is a checklist to help you determine your eligibility for a record seal:

  1. Were you adjudicated guilty of the offense that you would like to have sealed? In order to have your record sealed, you must have received a withhold of adjudication or were found not guilty of the offense that you would like to have sealed.
  2. Did you plea guilty or no contest to a disqualifying offense?  The Crimes that Cannot Be Sealed in Florida are listed in Florida Statute Section 907.041.
  3. Have you been convicted of a criminal offense as an adult or adjudicated delinquent as a juvenile?  A criminal conviction will stop a record seal.
  4. Are you on probation, parole, or under any other type of supervision?  Your case must be close to seal the record.
  5. Do you have any outstanding restitution, fines, or court costs? You need to pay all fines and costs to seal the record.
  6. Have you ever had your criminal record sealed or expunged before in Florida?  If so, this may create a problem and you should discuss it with your attorney.

Every case is different and a this article is not intended to be legal advice. You should still speak with your lawyer. Call 20 Miles Law at (904) 564-2525 to find out more about hiring a Jacksonville attorney to seal or expunge your Florida record or send an email to Find a Lawyer.

 

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