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 generally get only one opportunity in a lifetime. Determining whether you qualify and managing the process correctly are critical.
If you have a prior arrest or charge you want removed from your record, call Jeacoma Law today for a confidential consultation.
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- RECORD SEALING AND EXPUNGEMENT IN FLORIDA
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 makes it confidential. The general public, most private employers, and landlords cannot view it. Criminal justice agencies and certain government employers and licensing bodies retain access. Once sealed, you can lawfully deny the arrest occurred, with specific exceptions: when applying for a job with a criminal justice agency, as a defendant in a criminal prosecution, when applying to The Florida Bar, when seeking certain positions working with children, the elderly, or the disabled, including in schools, when buying a firearm from a licensed dealer, and when applying for a concealed weapon license, among others.
Expungement under § 943.0585 goes further. When an agency expunges a record, it must physically destroy it. The Florida Department of Law Enforcement retains a single confidential copy that even law enforcement cannot access without a court order. Once expunged, you can lawfully deny that the incident ever occurred, subject to a similar but slightly shorter list of exceptions. Expungement provides stronger protection than sealing but is available only in specific circumstances.
Both forms of relief are typically limited to one criminal history record per lifetime. The court may include additional arrests in the same order only if they are directly related to the original arrest.
Who Is Eligible for Expungement
Under § 943.0585, a person is eligible to petition for expungement if no charging document was filed, the charges were dismissed, or the case resulted in a judgment of acquittal or a not guilty verdict. The person must also never have been adjudicated guilty of a criminal offense in Florida, have no prior sealing or expungement of any criminal history record, not be under any court supervision related to the arrest, and not seek to expunge a record for a disqualifying offense. A conviction from another state does not, by itself, disqualify an applicant.
A record for which adjudication was withheld is not immediately eligible for expungement but may become eligible after it has been sealed for at least 10 years.
Who Is Eligible for Sealing
Sealing under § 943.059 is available when adjudication was withheld (meaning the person was not formally convicted), when the case was dismissed, or when the case ended in acquittal. The eligibility requirements mirror those for expungement in most respects: no prior adjudication of guilt for any criminal offense in Florida, no prior sealing or expungement, not currently under court supervision, and the offense must not be a disqualifying offense under the statute.
Automatic Sealing: What It Does and Does Not Do
How the Process Works
Sealing and expungement each require two stages, and the order matters.
Certificate of eligibility: Before filing any petition, you must apply to FDLE for a certificate of eligibility. The application requires fingerprints taken by a law enforcement agency, a certified copy of the case disposition, a $75 processing fee, and, for expungement, a certified statement from the State Attorney confirming that the case qualifies. FDLE processing takes several months, and the certificate is valid for 12 months from the date of issuance.
Court petition: Once FDLE issues the certificate, the next step is to file the petition, the sworn affidavit, and a proposed order with the court that handled the case. The State Attorney and the arresting agency may respond, and the court will decide whether to grant or deny the request.
Talk to an Expungement Attorney
Andrew Jeacoma reviews your complete record before filing anything, identifies which record qualifies and which form of relief is strongest, and handles the FDLE application and court petition from start to finish. If you have an arrest or charge on your record that may qualify, call (561) 603-2203 for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
Why an Attorney Makes a Difference
The eligibility rules are detailed and unforgiving. A prior adjudication of guilt for even a minor offense in Florida, a prior sealing or expungement, or a disqualifying charge buried in the record can end the process before it even begins. Because you generally get only one lifetime opportunity, you have no room for avoidable mistakes, so choosing which record to use matters.
Disqualifying Offenses
Florida law enumerates specific offenses that are ineligible for sealing or expungement, regardless of the case outcome or whether adjudication was withheld. These include, among others, sexual battery, lewd or lascivious offenses, murder, manslaughter, aggravated assault, aggravated battery, robbery, carjacking, home invasion robbery, burglary of a dwelling, kidnapping, arson, domestic violence, stalking, child abuse, abuse of the elderly, and drug trafficking. If your case involved any of these charges, sealing or expungement is not available, even if adjudication was withheld.
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