THE LAW OFFICE OF WILLIAM B. WYNNE
DO YOU QUALIFY?
The first question asked invariably by roughly 95% of my clients, is whether they qualify. Indeed, this is the first thing you need to consider. I'd estimate that roughly about 80% of the clients that call my office to inquire about expungement or sealing are not eligible.
While determining eligibility is sometimes simple, it can also be ambiguous, and sometimes complex. An accurate assessment of eligibility requires legal research skills, legal knowledge, and familiarity with court records and other legal documents.
NO PRIOR CONVICTIONS
You cannot have been previously convicted (adjudicated guilty) for any criminal offense anywhere. This means that even if you were found guilty of a petty offense over thirty years ago, you will not be allowed to expunge or seal your record. Update: As of October 1, 2019, a change in the allow now allows for out-of-state convictions. So, under the current law, only Florida convictions will disqualify you.
NO PRIOR SEALING OR EXPUNGEMENT (in Florida)
You cannot have previously had your records sealed or expunged. In Florida, this is a one shot deal. You may have your record sealed or expunged only once.You cannot be currently under court supervision, community control, probation, etc.
CERTAIN OFFENSES CANNOT BE SEALED
If you received a withhold of adjudication for your offense, your offense isn’t one of the crimes listed below. (See the list of crimes at the bottom of this page.) However, keep in mind, that if the charges were dismissed, or never filed, you can expunge the record even if the crime appears on the list below.
ONLY FLORIDA RECORDS CAN BE EXPUNGED OR SEALED
The Law Office of William B. Wynne, P.L.L.C. can only expunge or seal criminal arrest records that originated in Florida. Each state has its own laws pertaining to the expungement/sealing process. If your arrest record pertains to charges that occurred in another state, you will need to contact an attorney licensed in that state.
NOT ALL CRIMES CAN BE SEALED
CRIMES THAT CANNOT BE SEALED EVEN IF ADJUDICATION WAS WITHHELD
- 393.135 Sexual misconduct prohibited; reporting required
- 394.4593 Sexual misconduct prohibited; reporting required
- 787.025 Kidnapping; Custody Offenses; Human Trafficking; And Related Offenses
- 800.04 Lewdness; Indecent Exposure
- 810.14 Burglary and Trespass
- 817.034 Florida Communications Fraud Act; Scheme to Defraud; Organized Fraud
- 825.1025 Abuse, Neglect, And Exploitation Of Elderly Persons And Disabled Adults
- 827.071 Sexual performance by a child
- 847.0133 Protection of minors; prohibition of certain acts in connection with obscenity;
- 847.0135 Computer pornography; traveling to meet a minor
- 847.0145 Selling or buying of minors
- 893.135 Drug Trafficking
- 916.1075 Sexual misconduct prohibited; reporting required
- 775.21 The Florida Sexual Predators Act.
- 943.0435 Sexual offenders required to register with the department
- Violations enumerated in Section 907.041:
- Aggravated assault
- Aggravated battery
- Illegal use of explosives
- Child abuse or aggravated child abuse
- Abuse or Aggravated Abuse of an elderly person or disabled adultAircraft piracyKidnappingHomicideManslaughterSexual battery
- Lewd, lascivious, or indecent assault or act upon or in presence of a child under 16
- Sexual activity with a child, 12-17 years, by person in familial or custodial authority
- Burglary of a dwelling;
- Stalking and aggravated stalking;
- Act of domestic violence as defined in s. 741.28;
- Home invasion robbery;
- Act of terrorism as defined in s. 775.30;
- Manufacturing any substances in violation of chapter 893;
- Attempting or conspiring to commit any such crime; and
- Human trafficking.
So, unfortunately, if you were charged with one of the above offenses, you will not be able to have it sealed, even if adjudication was withheld. Now, keep in mind, if the case was dismissed, dropped, or if charges were never filed, you can have it expunged, regardless of what it was. You could be charged with premeditated murder, but if the charges are dropped, you can petition to have it expunged. The list above applies only to cases one is seeking to have sealed.