Your Public Trustee: How criminal records are sealed or expunged

Q. How can a criminal record be sealed or expunged?

A. There are certain steps to follow to qualify for a record to be sealed or expunged and very strict criteria. Some of the requirements are 1) You have been charged but not convicted of a misdemeanor or felony offense because adjudication was withheld or 2) The State Attorney declined to prosecute, and 3) You have not had any other court record sealed or expunged in the State of Florida. There are also certain charges that cannot be sealed or expunged regardless of whether or not adjudication was withheld.

When a criminal history record is sealed, the public will not have access to it; however, certain governmental or related entities do have access. A sealed record could be opened for inspection by the applicant or the applicant’s attorney; by criminal justice agencies for their respective criminal justice purposes which include conducting background checks for approval of firearms purchases or transfers; by judges for the purpose of assisting them in their case-related responsibilities: or by agencies listed in F.S. 943.059 for their licensing and employment purposes (The Florida Bar, Department of Children and Family Services, Department of Education, Department of Juvenile Justice, etc). Case numbers and party names can be revealed on sealed cases.

An expunged record would no longer exist since the file and any references to that file are destroyed in the Clerk’s Office. No information can be revealed by the Clerk’s Office on expunged cases, not even to the defendant. Staff would state the Clerk’s applications do not reveal any such case.

The subject of a sealed record may lawfully deny or fail to acknowledge the arrests covered by the sealed record, except when the subject of the record is 1) a candidate for employment with a criminal justice agency; 2) a defendant in a criminal prosecution, 3) concurrently or subsequently petitions for relief under this section or the expungement section; 4) is a candidate for admission to The Florida Bar; 5) is seeking to be employed, licensed, or contract with the Dept. Of Children and Family Services, The Agency for Health Care Administration, the Agency for Persons With Disabilities, the Department of Juvenile Justice, or in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly as provided in law; 6) is seeking to be employed or licensed by the Dept. of Education, any district school board, any university lab school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; 7) is attempting to purchase a firearm; and 8) is seeking authorization from a Florida seaport for employment or access.

The subject of an expunged record may lawfully deny or fail to acknowledge the arrests covered by the expunged record, except when the subject of the record is as listed above except that number 7 is not applicable.

Before a record can be sealed or expunged, the applicant must first apply for and receive a certificate of eligibility from the FL Dept. Of Law Enforcement. To access detailed information, go to their web page at www.fdle.state.fl.us and look under their A-Z index for sealed/expunged records. To procure the certificate, you must first complete an application form, be fingerprinted by authorized law enforcement, and provide a certified disposition of the case to be sealed or expunged, and a non-refundable money order or cashier’s check for $75 payable to FDLE. If you’re requesting expungement, the state attorney or statewide prosecutor must also complete a section of your application. Application forms and general information packets are available from the Clerk’s Office, and you can also receive the certified dispositions of cases in the county in which the charge was brought for a fee.

After you receive your Certificate of Eligibility, you will have to file a Petition to Seal or Expunge with the Clerk’s Office. The filing fee is currently $42. The petition must be accompanied by the certificate and include sworn statements that you have never been adjudicated guilty or delinquent of specified violations or the acts stemming from the arrests to which the petition pertains, that you have never secured a prior sealing or expunction, and that you are eligible. The file will be forwarded to the Court for action.

If you have questions or comments about this column, please forward them to: Marcia Johnson, Clerk of the Court, 33 Market Street, Ste. 203, Apalachicola, FL 32320, or by email to: mmjohnson@franklinclerk.com. Visit the Clerk’s website at www.franklinclerk.com.