Who May Access Sealed and Expunged Records

Individuals who have a criminal record and would like to be freed from the restraints of possessing such a record are ideal candidates for having their records sealed or expunged. Sealed records still exist, but they are out of the public view. When employers perform a background check, your sealed record will not come up. There also isn’t any notification of you having your record sealed, it merely shows that there is no record there (only if you have all offenses sealed). With an expungement, conversely, your criminal record is erased. There is no legal or physical record of your criminal offense when you have it expunged.

All cases that were dropped, dismissed, or never filed by the state attorney are eligible for being sealed or expunged. Cases that you were found not guilty can only be sealed and not expunged. In Florida, there are particular offenses in which you cannot have expunged or sealed. These include:

  • Luring or enticing a child
  • Voyeurism
  • Sexual battery
  • Robbery
  • Carjacking
  • Manslaughter
  • Kidnapping
  • Arson
  • Drug trafficking
  • Selling or buying of minors
  • Computer pornography (child related)
  • Aircraft piracy
  • Home invasion robbery
  • Stalking and aggravated stalking
  • … and many more

When Your Records May Be Accessible

Not everyone is allowed access to sealed and expunged records whenever they may want them. Under Florida law, an individual with a sealed or expunged criminal record may keep his or her records private, with a few exceptions.

In the following situations, a person’s sealed record may have made available to certain entities. These entities may also be alerted if certain records have been expunged:

  • If someone is a defendant in a criminal prosecution
  • If someone is a candidate for employment in a criminal justice agency
  • If someone is a candidate for admission with the Florida Bar
  • If someone is seeking to be employed with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities or the Department of Juvenile Justice
  • If someone is seeking to be employed or licensed by the Department of Education
  • If someone is attempting to purchase a firearm
  • If someone is seeking authorization from a Florida seaport

Expungement as a Potential Option

In order to determine whether or not someone is eligible for expungement of criminal history records, the individual must divulge a completed history of prior arrests and all other charges. It must be determined that none of the prior arrests led to a conviction or that the individual was found delinquent as a juvenile. Finally, the prior arrest must not fall under a “dangerous crime” as enumerated under Florida law.

If you have questions about sealing or expunging your records, please contact an experienced criminal defense attorney to explore your options.  If you find yourself eligible for this type of process, we would be glad to assist. The knowledgeable criminal defense lawyers at The Umansky Law Firm can look into your criminal history and make you aware of what charges you may be able to seal or expunge and pursue the necessary course of legal action. Contact us today at 407-228-3838 for a free case evaluation.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

More Cases

Recent Personal
Injury Settlements

$1,600,000

Sexual Assault Victim

$1,600,000

Car Accident

$290,000

Motorcycle Accident

$200,000

Trip and Fall

$150,000

Car Accident

$110,000

Car Accident

$100,000

Car Accident

$290,000

Car Accident

$120,000

Car Accident

$100,000

Car Accident

$125,000

Car Accident

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

More Settlements