Any arrest or details regarding a criminal case is public record. If an individual has been a defendant in a criminal case or has been arrested, then anyone can request and review the details regarding the incident (note: juvenile criminal records are not public records).

Having a criminal record

Even one arrest can negatively affect an individual who is seeking a job, applying to school or even while attempting to rent a home. Fortunately, Florida law allows individuals to seal or expunge their criminal record under particular circumstances so that access to their criminal history is limited.

A criminal record is created when an individual is arrested and fingerprinted. The record includes the arrest and the outcome of the case whether it is an acquittal, conviction, dismissal of the charges, or any other outcome.

When a criminal record is sealed it means that the police record, court records and any information regarding that incident are physically sealed and placed under highly restricted access. The information is deleted from the Criminal Information Justice System (CJIS) so that it will not be revealed in a background check. If your record is expunged that means that your criminal record is physically destroyed.

When the criminal matter is sealed or expunged then that individual may then generally legally deny or fail to acknowledge the incident. It is important to note that while the public will not have access to the sealed criminal record, certain governmental or related entities will have access. For instance, if an individual is applying for employment with a criminal justice agency, Department of Children and Family Services, or the Department of Education then the record should be disclosed.

There are detailed criteria used to determine whether an individual’s records may be sealed or expunged. The first step to determine if you can seal or expunge your criminal record is to apply for a Certificate of Eligibility with the Florida Department of Law Enforcement. You can request the application and additional information at (850) 410-7870. Applications are also available at the criminal division of the county courthouse.

There are a number of offenses that cannot be expunged or sealed if the defendant was found guilty or plead guilty or no contest or if adjudication of guilt was withheld. These crimes include: arson, aggravated assault, child abuse, homicide, manslaughter, sexual battery, carjacking, stalking and burglary of dwelling.

One shot deal

Sealing or Expunging a criminal record can only be done once for one incident (once as an adult and once previously as a juvenile). If you have already sealed or expunged your criminal record in Florida or any other jurisdiction (as an adult) your application for a Certificate of Eligibility will be denied.

If the individual applying has not previously sealed or expunged, then the application for a Certificate of Eligibility is done first. Once the individual is issued a Certificate of Eligibility, then a petition to seal or expunge the record is to be filed in court. The decision of whether access to your criminal history record should be limited by sealing or expunging is made by the court.