What Are the Phases of Sealing and Expungement in Florida?

Having a criminal record doesn’t have to define your future. In Florida, you may be eligible to have your record sealed or expunged, giving you a clean slate. While this process offers life-changing benefits, it involves multiple phases that can seem confusing without the right guidance.

Sealing or expunging a criminal record can provide a fresh start, but the process involves several distinct phases that require careful attention. With over 30 years of experience in criminal defense, Criminal Defense Attorney Brian Gabriel has helped clients navigate the complexities of sealing and expungement. His deep understanding of Florida law ensures that individuals seeking to clear their records are guided through each phase efficiently and effectively.

What To Expect During the Sealing and Expungement Process

If you’re looking to seal or expunge your criminal record in Florida, you might want to know what to expect from the journey ahead. Here’s what you should know about each phase of the process:

Determining Eligibility for Sealing and Expungement

The first step in the sealing and expungement process is determining if you qualify. Florida law has strict eligibility criteria for both options:

• Sealing eligibility: You may qualify if you have not been convicted (adjudicated guilty) of a crime and have completed all court-ordered requirements.
• Expungement eligibility: Expungement is available for cases that were dismissed, dropped, or resulted in a “not guilty” verdict. You must also have no prior criminal record.

Certain offenses, such as violent crimes or sexual offenses, are not eligible for sealing or expungement. An experienced criminal defense attorney can help clarify whether your record meets the state’s requirements.

Gathering Required Documentation

Once you confirm eligibility, the next phase involves collecting the necessary documents to support your petition. This includes:

• Certified disposition of the case: A record showing the final outcome of the case.
• Application for certificate of eligibility: This must be submitted to the Florida Department of Law Enforcement (FDLE).
• Fingerprints: A completed fingerprint card is required as part of the FDLE review process.

Missing or incomplete documentation can delay your petition, so ensuring accuracy at this stage is essential.

Submitting the Application to FDLE

After gathering the required documents, your application is sent to the Florida Department of Law Enforcement for review. The FDLE will verify your eligibility and conduct a background check to confirm you meet all criteria.

• Processing time: FDLE typically takes 4–6 months to process applications.
• Certificate of eligibility: If approved, you’ll receive a Certificate of Eligibility, which is required to proceed to the next phase.

If there are issues with your application, such as inaccuracies or missed deadlines, the FDLE may deny your request.

Filing the Petition in Court

Once you have the Certificate of Eligibility, you can file a petition with the appropriate court. This phase involves:

• Submitting Your petition: Filing a formal request to seal or expunge your record.
• Notifying prosecutors: The State Attorney’s Office will be informed of your petition and can object to the request.
• Court hearing: In some cases, a judge will schedule a hearing to review your petition. Your attorney can present arguments to show why sealing or expunging your record is appropriate.

The hearing is a critical step, as the judge will make the final decision. Having a skilled attorney to advocate on your behalf can significantly improve your chances of success.

Court Order and Final Steps

If the court grants your petition, the judge will issue an order to seal or expunge your record. From there, law enforcement agencies, courts, and other entities are notified to update their records. For sealed records, access is restricted to specific parties (such as government agencies). For expunged records, the record is physically destroyed and inaccessible to the public.

Why You Should Work With a Criminal Defense Attorney

The sealing and expungement process involves multiple phases that can quickly become overwhelming without legal guidance. An experienced criminal defense attorney can help you:

• Determine your eligibility for sealing or expungement.
• Prepare and submit all required documents accurately and on time.
• Advocate for you during court hearings and respond to any objections from prosecutors.
• Ensure your record is updated properly after the court order is issued.

Navigating this process alone may lead to errors, delays, or denials. An attorney ensures you have the best chance of successfully sealing or expunging your record.

Take Control of Your Future With a Criminal Defense Attorney

The process of sealing or expunging a criminal record is complex, but it doesn’t have to be overwhelming. With over 30 years of criminal defense experience, Criminal Defense Attorney Brian Gabriel has helped countless individuals achieve a clean slate by guiding them through each phase of this process. His extensive knowledge of Florida’s sealing and expungement laws provides the clarity and support needed to successfully navigate these legal hurdles.

Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.