The following is a video transcript.
Requirements for Sealing or Expunging Your Record
In Florida, if you’ve ever been convicted of a crime or adjudicated delinquent as a minor, it is unlikely you will be able to seal or expunge your record. If you have never been convicted of a crime or adjudicated delinquent, then you may be eligible for record sealing or expungement.
Florida Statute 943.059 allows for a person to have their criminal records sealed if they meet specific requirements. In order to be eligible for your record to be sealed, you must have received a withhold of adjudication on a charge and cannot have had a previous charge sealed or expunged. Furthermore, some crimes such as domestic violence, aggravated assault, and manslaughter (and other crimes listed in Florida Statute 943.059) are not eligible to be sealed even if you’ve received a withhold of adjudication and meet all the remaining requirements.
Florida Statute 943.0585 allows an individual to have their criminal record expunged if that person was arrested and the charges were either dismissed or the person was found not guilty of their charges, and they have not previously had their record expunged or sealed.
What Happens Next?
Once an individual’s record has been expunged, it is no longer viewable by the public, and entities that are able to view sealed records will only be able to see that the individual has had a criminal history record expunged pursuant to Florida Statute 943. They will not be able to see any other information without a court order.
For the most part, crimes which will affect your gun rights are not eligible to be sealed or expunged. However, whether or not you have had your record sealed or expunged can affect your concealed carry license. If you received a withhold of adjudication on a felony charge or any crime of domestic violence, you must wait three years from the completion of your probation (or completion of all conditions ordered by the court) before you can apply for a concealed weapon license. However, this three-year period can be shortened if you have had your record sealed prior to the three-year waiting period.
If you have any questions concerning having a record sealed or expunged, call U.S. LawShield and ask to speak to your Independent Program Attorney.
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