Sealing
Does Getting a Pardon from the Governor Automatically Mean That You Can Get Your Criminal Record Sealed or Expunged?
A pardon has been defined as “the forgiveness of crime and the penalty associated with it.” In Florida, it is the governor who has the power to grant pardons. Assuming you are fortunate enough to obtain a pardon, does that automatically mean that you can get your criminal record sealed or expunged? That was the question decided by the Florida Supreme Court in the case of R.J.L. v. State of Florida. This article looks at that case.
Can Even a Serious Charge Such as Murder Be Expunged?
According to Florida law, a judge is not allowed to deny an individual’s request to have his criminal record expunged simply because of the seriousness of the charge. This article examines one case in which the judge mistakenly did just that.
Which crimes cannot be sealed or expunged in Florida?
Your criminal history record cannot be sealed or expunged in Florida if you were found guilty by a judge or pled guilty or nolo contendere (no contest) to certain crimes, even if adjudication was withheld and even if you were convicted of simply attempting or conspiring to commit certain crimes. The following is a list of [...]
Why is the database at the Florida Department of Highway Safety and Motor Vehicles (DHSMV) checked in order to determine my eligibility to have my criminal history record sealed or expunged?
A criminal traffic offense such as DUI, reckless driving, or driving while license suspended/canceled/revoked may appear in the DHSMV database even though it may not appear in the criminal history record system maintained by FDLE. Noncriminal traffic offenses (such as careless driving) do not affect one’s eligibility to seal or expunge a criminal history record. [...]
What kinds of criminal charges may not be sealed?
A list of charges that may not be sealed when adjudication is withheld is contained in Florida Statutes section 943.059. (The same listing is found in section 943.0585 because the specified offenses may not be expunged either.) In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated [...]
When is my criminal history record sealed or expunged?
Once an order has been issued by the court of competent jurisdiction to seal or expunge your criminal history record and a certified copy of this order has been received by the FDLE, it will be complied with in accordance with state statutes.
How can I get my criminal record sealed in Florida?
I often get phone calls from people asking me if they can get their criminal record sealed or expunged in Florida because they are having trouble getting a job once their potential employer finds out about their record.
What is the difference between sealing and expunging your criminal record?
I often receive telephone calls from people asking if I can help them get their criminal record expunged. I ask them if they are eligible to have their criminal record expunged or merely sealed. The response is usually silence, since most people do not realize that there is a distinction in Florida law between getting [...]
