How to Seal or Expunge a Florida Criminal Arrest Record - Vacating Conviction

If you were arrested in Florida, you may be eligible to have your record sealed or expunged. Although you are innocent, an arrest record can be extremely detrimental in all aspects of life. Whether your record is eligible for sealing or expungement depends on whether or not you went to trial. The differences between expungement and sealing in Florida are outlined below. Read below for vacating a conviction.

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With the advent of the internet, anyone with a credit card can order a background check on you. Not only are your job opportunities affected, your personal life can be very well affected as well. If your Florida arrest record is holding you back, it's time to enlist the help of a specialized expungement attorney.

How to Seal a Florida Arrest Record - Florida Record Sealing

If you were arrested in Florida you may be eligible for record sealing if certain conditions are met. After having your arrest record sealed, your records are sealed from public view. Under Florida law, a sealed or expunged criminal record is confidential and may not be disclosed by any Florida or Federal agency. A governement agency that possesses the sealed record is prohibited from admitting you have a record or that it was sealed or expunged.

However, certain Florida government agencies may access these records if you are applying for employment or a professional license. Those Florida agencies are listed below.

• Any Florida or Federal Law Enforcement Agency
• The Florida Depeartment of Juvenile Justices
• A public or private school
• The Department of Education
• The Florida State Bar

Eligibility for Record Sealing in Florida

To be eligible for record sealing in Florida, you must have not been convicted. Florida allows for the sealing of arrest records when you meet the below conditions

• The court withheld adjudication (crimes not eligible listed below) or you were acquitted after trial
• You have not prior convictions
• You have not sealed or expunged any other criminal record

Crimes NOT Eligible to Be Sealed if You Received Witholding of Adjudication

How to Expunge a Florida Arrest Record - Expungement in Florida

If you were arrested in Florida and did not go to trial, you may be eligible for expungement. Expungement in Florida physically detroys all records of that arrest. To be eligible for expungement in Florida immediately, you must not have gone to trial. Additionally, you may not have negotiated a witholding of adjudication before trial to be eligible for expungement.

After having your Florida record sealed, you may eventually have those records expunged. Expungement in Florida physically destroys the records, so that not public or private agency can view them again. You become eligible for expungement after 10 years having the Florida record sealed.

Vacating a Florida Conviction

If you were convicted in Florida, you may be eligible for vacating the conviction in very limited circumstances. To be eligible for vacating a conviction, you must have not been represented by a lawyer, must not have waived yor right to a public defender, less than 2 years has passed since the conviction. Generally, these circumstances are not common in felony convictions.