Expungement FAQs

What exactly is an expungement?
An expungement, under Florida law, allows for persons who have been arrested to make their criminal record be made into a non-public record.  In doing so, many of the challenges one faces due to having a criminal record are eliminated. The Florida Department of Law Enforcement (FDLE) explains an expungement as follows:

“Florida law, Section 943.053, Florida Statutes, makes adult criminal history records public, with special provisions for access, unless the record has been sealed or expunged . . . . An expunged record is removed from record systems or files and destroyed (also called expunction). The law currently provides several means to seal or expunge certain categories of Florida criminal history records (both adult and juvenile). The records may include arrests, charges and case dispositions.”

What are the benefits of an Expungement?
Benefits of expungement are extensive under Florida law.  In making one’s criminal record into a non-public record, agencies such a the State Attorney’s office and local law enforcement agencies will no longer have access to the record, as it will be destroyed.  On top of this, it becomes legal (in most scenarios) to deny that the arrest occurred in the first place.

Am I eligible for an Expungement?
The determining factor surrounding expungement eligibility is the outcome of your arrest.  In the state of Florida, only arrests that resulted in the following are considered to be eligible for expungement:

• No Information
• No Bill
• Nolle Prosequi
• Dismissed charges

In addition,  you are not eligible for expungement if you have any prior convictions or have already sealed or expunged an arrest in the state of Florida.

What charges are ineligible for Expungement?
Charges such as sexual battery, child abuse, arson, and manslaughter are not eligible for expungement.  For a complete list of charges that are ineligible, check the FDLE website

What is the first step in getting my record Expunged?
The first step in getting a criminal record expunged is determining whether or not your charge is eligible for expungement.  Once that determination has been made, you may apply for a Certificate of Eligibility with the Florida Department of Law Enforcement (FDLE).  

If you believe your criminal record is eligible for expungement, call my office today at 850-362-6655 to begin the process in Okaloosa or Walton county.

 

 

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