CAN YOU SEAL OR EXPUNGE A FLORIDA RECORD FROM ANOTHER STATE?

CAN YOU SEAL OR EXPUNGE A FLORIDA RECORD FROM ANOTHER STATE? This question from an interested client can be interpreted in 2 different ways.

1. Can you use the courts in another state to seal or expunge a case in Florida?

   The answer is no. You can not. Only the court that has jurisdiction over the case has the authority to order the sealing or expungement of the criminal case in question. For example, if you are arrested in Miami Dade County, Florida and you moved to New York, a judge in New York does not have the authority to order the sealing or expungement of a case in Florida. That is because the court in New York has no jurisdiction (authority) over any agencies in Florida. Likewise, a judge in Florida can not order another county in another state to seal or expunge their records because the Florida judge does not have jurisdiction over the case outside of Florida.

2. If you live in another state, can you seal or expunge a case in Florida without coming to Florida?

   The answer is yes. You do not have to live in Florida or even come to Florida to expunge your criminal case in Florida. Our firm represents not only people who live in Florida who have been arrested, but also people from all over the United States and even overseas who have been arrested while living or visiting in Florida. As your attorneys we will appear for you at the seal or expunge hearing if required. Only in very rare cases will the judge ever request that a person appear at a sealing or expungement final hearing. In fact, in the hundreds of sealing and expungement cases we have handled since 1995 I can only think of two times where a judge actually required a petitioner to appear at the final hearing.