Can I seal/expunge my record or case in Florida if I live out of state?

Yes. If you retain the services of an attorney, you will likely not have to appear for the final seal/expunge hearing in person. Your attorney (us) will appear on your behalf.

SealMyRecord.Com can seal or expunge your case in any county in Florida. You do not have to be present in the county, state or even the country to get your case sealed or expunged. We have sealed and expunged many cases for tourists, students, people who have moved, etc. who have been arrested while living or visiting Florida.

Does a criminal record in Florida go away after 7 years?

I get alot of calls regarding this "7" year magic number. This is a myth. If you have a criminal record it does not go away automatically after 7 (seven) years whether you were convicted or not.

If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes. Also, if convicted for any criminal offense, you will not qualify to seal or expunge any other case.

How long does it take to seal or expunge a record in Florida?

It is often asked how long it takes to seal or expunge a record in Florida. I tell my potential clients that it takes on average 5-6 months to have a case sealed or expunged in Florida. The reasons can vary, however, some of the factors to consider are:

Can a judge deny my petition to seal or expunge if I was convicted for a crime after the one I am seeking to seal or expunge?

I received this question from a potential client in 2011. The court denied his petition to expunge a case.

FACTS: 

He was arrested for petit theft in 2005 and the charges were dropped. In 2007 he was arrested for DUI and he ended up being found guilty after a jury trial. He wanted to expunge the petit theft from 2005 which was dropped before the conviction for the DUI. The question is whether a person can seal or expunge a case that they were not convicted for if that case happened before another case for which they were convicted?

Can I be turned down by a judge for a sealing or an expungement in Florida even if I legally qualify?

The short answer is yes. To legally qualify for a sealing or expungement essentially means that the FDLE has reviewed your application to seal or expunge, approved it, and granted you a CERTIFICATE OF ELIGIBILITY. Having the FDLE issue a certificate of eligibility is typically the biggest hurdle a person faces when sealing or expunging a case in Florida. In 99.5% of the cases if the person obtains a certificate of eligibility, a judge will grant the petition to seal or expunge.

Where can you NOT carry a concealed weapon with a Florida Concealed Weapons permit?

Ok...so you have a concealed weapons permit. Where can you NOT carry a concealed weapon? Pursuant to Florida statute 790.06(12) you cannot carry in the in the following situations/places even if you have a concealed weapons permit:

1. Any place of nuisance as defined by Florida statute 823.05; (basically a place which conducts any illegal activity, i.e, illegal gambling, prostitution, etc.)

2. Any police, sheriff, or highway patrol station;

3. Any detention facility, prison, or jail;

How long do you have to wait after the case is over to seal or expunge?

Many people think that they have to wait a certain amount of time after a case is closed before they can seal or epxunge. That is not true. As long as you meet the statutory criteria for sealing or expungement you can begin the process as soon as the case is closed or as soon as you are off court supervision.

It is best not to wait to seal or expunge your case. The longer the case is out there in the public domain the more likely that your information will be circulated through the web or public databases.

Can I seal a grand theft or petit/petty theft charge or arrest?

The answer is yes as long as meet the statutory criteria for sealing or expunging. Grand theft and petit or petty theft charges are among the most common offenses sealed and expunged in Florida. In order to seal or expunge this type of case you must meet the following criteria:

1. You can't have been convicted (adjudicated guilty) of the charge you wish to seal or expunge. If you took a plea you needed to have received a withhold of adjudication.

2. You can't have been convicted of any criminal charge, anywhere, ever.

Can I re-open an old case once I have been convicted?

Florida law does provide a mechanism to to "vacate" or "set aside" a conviction once the case is closed but it subject to some strict requirements.

Is it possible to receive a withhold of adjudication in Florida for a DUI charge?

The answer is no. Florida statute 316.656 specifically states that a judge may NOT withhold adjudication for any violation of Florida statute 316.193 (DUI statute). Therefore, if you take a plea to a DUI charge or are found guilty by a judge or jury for a DUI charge you will be automatically adjudicated guilty (convicted). The judge does not have discretion to withhold adjudication.

If you are found not guilty of DUI after a trial then you can seal the case.