How can I be sure my Florida criminal history record has been sealed or expunged?

After a court order to seal or expunge your criminal history record is issued, it will be sent to the appropriate arresting agencies, the state attorney, the state wide prosecutor and the FDLE. We will forward you the copies of any order to seal or expunge your Florida criminal history record once it is signed by a judge. It will be up to you to make sure they follow the order and seal or destroy the appropriate records. We highly recommend you run another background check on yourself through the FDLE a month or so after the order is issued. Visit the link below for details. In the rare event that your charge is still shown on your record, you will need to arrange for another certified copy of the order to seal or expunge to be sent to the appropriate agency.

FDLE Website: http://www.fdle.state.fl.us/CriminalHistory/

How do I know what I was charged with and what the outcome was?

The easiest way is to consult the final order issued by the court or state attorney’s office in your case. An order of no bill, dismissal or a final verdict are good examples of final orders. You can get a certified copy of these orders at the criminal records division of the clerk of courts in the county where the arrest took place. You can also run a back ground check on yourself through the Florida Department of Law Enforcement on their website to determine your exact criminal history record.

How many charges can I seal or expunge?

Only charges stemming from one arrest or criminal incident may be sealed or expunged. Multiple charges stemming from a single arrest or incident may be sealed or expunged if the court orders it.

What is my first step?

The first step is to complete the application to apply to the Florida Department of Law Enforcement for a certificate of eligibility. This certificate will allow us to petition a court of proper jurisdiction to seal or expunge your Florida criminal history record. But don't worry, if it sounds difficult, it isn't. The law offices of Michael T. Heider, P.A. will handle every step of the process for you. We fill out all the paper work and send you detailed instructions for everything that needs to be done. All you have to do is sign several documents in front of a notary public, and get your finger prints taken at your local Sheriff's office. Once you hire us, we handle the rest!

How long will it take to get your record expunged?

The entire process should take about 6-8 months, but there is no set time frame. We try our hardest to complete your case as soon as possible, but the majority of the time delay is the result of the backlog at the FDLE and in the court system. Currently, the FDLE is about 5-6 months behind schedule.

What is the difference between sealing and expunging?

Sealing means a criminal arrest record is closed to public inquires, and its existence is allowed to be divulged only in limited circumstances (see the page on sealing). Sealing is available to a charge that received a withhold of adjudication for most charges. Expungement means the criminal history record is physically destroyed, and can't be accessed. However, an individual who has a criminal record expunged must still reveal that record in certain circumstances (see the page on expungement). Expungement is not available if a charge resulted in a withhold of adjudication.

Basics of Expungement

Expungement (or expunction) is the process of sealing or destroying the records pertaining to a case from a general review. These security background checks are performed by employers for new and existing employees and by other agencies. As part of the increased workplace security, many individuals, including those who have been employed for long period of time, have lost their jobs after background checks revealed criminal background. Expungement, can help you remove your record from appearing in background checks, but the records might not completely disappear and may still be available to law enforcement agencies. Each state offers its own definition of expungement.