If you’ve been arrested in Florida, your record of arrest remains a permanent part of your record, regardless of whether you were ultimately acquitted or convicted of the crime for which you were arrested. Many people assume (incorrectly) that an arrest is not an issue and will not adversely affect one’s future ability to secure employment or obtain credit. This is simply not true. Any arrest will be revealed in a criminal background check and may have a negative effect on your job opportunities and credit rating. However, in Florida, the law provides an opportunity for those arrested but not convicted to have the arrest record sealed or expunged, depending upon the circumstances.
In Florida, criminal records may be sealed or expunged depending upon certain circumstances and in accordance with the pertinent Florida statutes which are Sections s.943.0585 – s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code.
In order to qualify for your Florida criminal record to be sealed, you must be an individual who has never applied for the privilege before and have never been convicted of a misdemeanor or a felony. You must also be able to show that you are not under any supervisory control mandated by a court such as probation or community control.
Many criminal offenses preclude an application for record seal so it’s important to contact a Florida criminal defense attorney who has experience in successfully applying for a criminal record seal in Florida.
Juvenile Arrest Records-Even though juvenile records are generally not accessible to the public, some potential employers have been able to access these records and consequently denied employment. Don’t assume that because the charges were from juvenile court that they cannot be accessed. If you have ever been charged with a crime as a juvenile, contact an experienced criminal attorney to determine if you qualify for sealing and/or expunction. DON’T WAIT FOR SOMEONE ELSE TO FIND IT!
The primary difference between a record that is sealed and a record that is expunged is that a sealed record is removed from public view. An arrest record that is expunged is physically destroyed so there is no physical evidence of the record.
