Sealing / Expunging Criminal Record

sealing

Sealing or expunging a criminal record in Jacksonville will provide many convicted offenders an opportunity to pursue certain job or educational opportunities they may have missed out on for a mistake they made in the past. Some of the benefits to sealing or expunging a criminal record can include:

  • The criminal record won’t be available to the public,
  • The record does not have to be disclosed on job applications,
  • The record does not have be disclosed when applying for housing, and/or
  • The record does not have be disclosed when applying for certain types of education.

If your criminal history has prevented you from moving on in life, it is important to contact an experienced criminal defense attorney in Jacksonville who can help you determine if you are eligible to seal or expunge your record and help you complete the application process.

Jacksonville Seal or Expunge Lawyer

If you have been convicted of any criminal offense and want to seal or expunge your criminal record in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is knowledgeable in all areas of Florida’s seal and expunction laws and will make every effort to help you have your record sealed or expunged. Call Roelke Law today for a free consultation at (904) 354-0333 about sealing or expunging your criminal record.


Jacksonville Seal or Expunge Information Center

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Florida’s Seal or Expunge Process

In order to seal or expunge a criminal record in Florida, an individual is required to follow certain procedure. This application process can be difficult, so it is important to hire an attorney to make sure you meet all required seal or expunge elements.

The first step an eligible offender is required to complete is to submit an application to the Florida Department of Law Enforcement for a Certificate of Eligibility. The offender is required to be fingerprinted by authorized law enforcement personnel, pay a $75 fee, fill out and sign the application in front of a public notary and present a certified letter the criminal case was disposed of or completed.

Once an offender has received their Certificate of Eligibility, they are required to file a petition with the court to seal or expunge their record. The petition for seal or expungement must include:

  • The Certificate of Eligibility,
  • A sworn statement the offender was not adjudicated guilty or found delinquent for specific types of offenses,
  • A sworn statement the offender has not received a previous criminal record seal or expunction, and
  • A sworn statement they are eligible to have their record sealed and expunged.

After the petition has been filed with the court, the court will determine whether to seal or expunge the offender’s criminal record. If the court grants the petition for sealing or expunction, the order will be forwarded to all relevant authorities that the record has been sealed or expunged.


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Eligibility to Seal or Expunge a Record in Florida An individual may be eligible to seal or expunge their record in Jacksonville if:
  • They are not currently under a court ordered supervision or diversion program;
  • They have not been convicted of more than one misdemeanor, felony or criminal ordinance violation in any jurisdiction in the United States;
  • They have not previously sealed or expunged a criminal record in any jurisdiction; and
  • They were not declared delinquent or adjudicated delinquent of specific juvenile criminal charges.

An individual is not eligible to have their record sealed or expunged if they pled guilty, pled no contest or were found guilty of any of the following offenses:

  • Abuse or aggravated abuse of an elderly person or disabled adult
  • Aggravated assault
  • Aggravated battery
  • Aircraft piracy
  • Arson
  • Burglary of a dwelling
  • Carjacking
  • Child abuse or aggravated child abuse
  • Computer pornography
  • Domestic violence
  • Home-invasion robbery
  • Homicide
  • Human trafficking of minors
  • Illegal Use of Explosives
  • Kidnapping
  • Lewd acts in the presence of a child
  • Luring or enticing a child
  • Manslaughter
  • Manufacturing controlled substances
  • Robbery
  • Sexual activity with a child
  • Sexual battery
  • Sexual misconduct with a disabled person or mental health patient
  • Sexual performance by a child
  • Soliciting minors for prostitution
  • Stalking and aggravated stalking
  • Terrorism
  • Trafficking in drugs
  • Voyeurism
  • Attempt or conspiracy to commit any of the above listed crimes

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Jacksonville Criminal Record Sealing

According to Fla. Stat. § 943.059, an individual must follow these requirements to have their record sealed:

  • Have no other criminal records sealed or expunged,
  • Have no guilty verdicts for specific criminal offenses,
  • Not commit certain types of criminal offenses,
  • Have no more than one criminal convictions, and
  • Receive a Certificate of Eligibility.

If you are eligible to have your record sealed, the public will not be able to access it and it will not appear in background or job or education background checks. However, certain governmental agencies will still be access the record to determine if the individual is eligible to apply for government positions or to perform their official duties. Once a criminal record has been sealed for ten years, an individual may then be eligible to expunge their record.


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Expunging a Criminal Record in Jacksonville

According to Fla. Stat. § 943.0585, an individual must follow these requirements to have their record expunged:

  • Have not pled guilty to certain criminal offenses,
  • Have not been found guilty for certain criminal offenses,
  • Have not committed certain criminal offenses,
  • Have not been convicted of more than one criminal offense,
  • Have no other criminal records expunged in any jurisdiction, and
  • Receive a Certificate of Eligibility.

If you are eligible to have your record expunged, criminal record will be destroyed and will not be able to be accessed without a court order. However, certain governmental agencies may still be able to access the record for official duties, as the Florida Department of Law Enforcement will keep one copy of the record.


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Jacksonville Resources for Sealing or Expunging

Florida Statutes Online – This link to Chapter 943 of the Florida Statutes provides the state’s laws governing sealing or expunging a criminal record in the state, including the requirements for sealing and expunging, in addition to offenses that are not eligible.

Florida Department of Law Enforcement Seal or Expunge Site – This Florida government department provides information how to seal or expunge a criminal record in Florida, required documents in an application to seal or expunge and various  reasons why an application to seal or expunge a criminal record may be denied.

Duval County Clerk of Court – This website contains frequently asked questions to felony charges and convictions, in addition to information on sealing and expunging a felony conviction. The Duval County website is located at:

Duval County Courthouse
330 East Bay Street
Jacksonville, Florida 32202
Phone: (904) 630-2065

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Roelke Law, P.A. | Jacksonville Criminal Record Sealing Attorney

Contact Roelke Law today for a consultation about sealing or expunging your criminal record throughout Duval County in Florida. Bill Roelke is an experienced criminal lawyer in Jacksonville who will help you determine if you are eligible to seal or expunge your criminal record. Contact Roelke Law at (904) 354-0333 for a consultation about sealing or expunging your criminal record throughout Duval County and the surrounding counties in Florida, including St. Johns County, Nassau County and Clay County.

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