What is Florida Law Regarding Expungement?
Sealing criminal records in Florida keeps them out of the public view, which can make a tremendous difference for you when trying to rent an apartment, get a bank loan or apply for a job. Even when no conviction occurred, an arrest creates a criminal record that can color people’s opinion of you and create problems.
Under Florida Statute 943.059, juveniles and adults who comply with law enforcement requirements can have their criminal records sealed through a court order from a court of competent jurisdiction. First, you must obtain a certificate of eligibility, which involves examination your criminal status and determination that you are eligible. Under the Communications Fraud Act, individuals convicted of fraud that involves communications technology are not eligible for having their records expunged. The following criminal histories are considered dangerous crimes and also are not eligible for sealing or expungement:
- Sex offenses against or in the presence of persons less than 16 years of age
- Inducing a child under age 18 to participate in sexual performance
- Drug trafficking
- Aggravated assault
- Aggravated battery
- Illegal use of explosives
- Child abuse or aggravated child abuse
- Abuse of or aggravated abuse of an elderly personal or disabled adult
- Sexual battery
- Sexual activity with a child less than 18 but older than 12 years by or at solicitation of person in familial or custodial authority
- Burglary of a dwelling
- Stalking or aggravated stalking
- Domestic violence
- Attempting or charged with attempting to commit a dangerous crime
- Home-invasion robbery
By consulting with a Jacksonville expungement attorney you can find out about your eligibility for expungement.
Robert Shafer & Associates offers a free consultation to discuss having your records sealed.