Expungement and Record Sealing
in West Palm Beach
A criminal record follows you in ways most people do not fully appreciate until it costs them a job, a housing application, or a professional license. Florida law provides a process to seal or expunge qualifying criminal history records, but eligibility is narrow, the process is technical, and you only get one opportunity in a lifetime. Understanding whether you qualify and navigating the process correctly matters.
24/7
Free
Jury
Trial experience
Free Sealing & Expungement Consultation
Sealing & Expungement Specialist
✓ Records Sealed & Expunged
Sealing vs. Expungement: What Is the Difference?
Florida law provides two distinct forms of relief under §§ 943.059 and 943.0585, Fla. Stat., and the distinction between them is significant.
Sealing a record under § 943.059 places the record under restricted access. The general public, most private employers, and landlords cannot view it. Certain governmental agencies and law enforcement retain access to the record in its entirety. Once sealed, you can legally deny the arrest or charge occurred in most situations.
Expungement under § 943.0585 goes further. When a record is expunged, it is physically removed from most government databases. Even law enforcement agencies cannot access it without a court order. Once expunged, you can lawfully deny the incident ever occurred, with very limited exceptions. Expungement provides stronger protection than sealing, but is only available in specific circumstances.
Both forms of relief are limited to one criminal history record in a lifetime. Florida does not permit multiple sealings or expungements.
Who Is Eligible for Expungement
Under § 943.0585, a person is eligible to petition for expungement if no charging document was ever filed in the case, or if the charges were dismissed, nolle prossed, or resulted in an acquittal or not guilty verdict. The person must also have never been adjudicated guilty of any criminal offense in Florida, have no prior sealing or expungement of any criminal history record, not currently be under any court supervision related to the arrest, and not be seeking to expunge a record for a disqualifying offense.
A record where adjudication was withheld is not immediately eligible for expungement, but may become eligible after it has been sealed for a minimum of 10 years.
Who Is Eligible for Sealing
Sealing under § 943.059 is available where adjudication was withheld, meaning the person was not formally convicted, or where the case otherwise qualifies. The eligibility requirements mirror those for expungement in most respects: no prior adjudication of guilt for any criminal offense, no prior sealing or expungement, not currently under court supervision, and the offense must not be a disqualifying offense under the statute.
Disqualifying Offenses
Florida law lists specific offenses that are ineligible for sealing or expungement regardless of the outcome of the case or whether adjudication was withheld. These include, among others, sexual battery, lewd or lascivious offenses involving minors, murder, robbery, carjacking, home invasion, aircraft piracy, kidnapping, and trafficking offenses. If your case involved one of these charges, sealing or expungement is not available.
Why an Attorney Makes a Difference
The eligibility rules are detailed and unforgiving. A prior adjudication of guilt for even a minor offense in any jurisdiction, a prior sealing or expungement anywhere in Florida, or a disqualifying charge buried in the record can end the process before it begins. Because you only get one lifetime opportunity, there is no room for an avoidable mistake.
Talk to an Expungement Attorney
If you have an arrest or charge on your record that may qualify, call Jeacoma Law today for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, St. Lucie, Broward, and Miami-Dade counties.
Records Cleared
Other Practice Areas
Protect Your Future
Don't Let Your Past Hold You Back.
Every day without an attorney puts you at a disadvantage. Get a free, confidential case review today.