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:: Expunging a Criminal Record in Florida

A criminal record expungement, also known as an expunction, allows you to have the court order that the criminal records related to your arrest or conviction be physically destroyed. As a result of this court order, the courts, the prosecutor, and any law enforcement agency that possess criminal records, either physical or electronic, related to your expungement petition must physically destroy or obliterate them. As a result of this destruction, it would be physically impossible for anyone to learn about the facts of your run in with the law.

Unfortunately though, under Florida law, one copy of your criminal record is retained by the Florida Department of Law Enforcement and this record can be disclosed on an extremely limited basis as detailed below.

:: Effect of a Criminal Records Expungement

After having your criminal record expunged, it is unavailable and unobtainable by the general public, future employers, or other inquiring entities.

However, the Florida Department of Law Enforcement is authorized to disclose the existence, but not the contents, of a criminal history record that has been expunged if you are seeking employment, membership, or licensure with any of the following:

1. A Criminal Justice Agency
2. The Florida Bar
3. The Department of Children and Family Services
4. The Department of Juvenile Justice
5. A contractor or licensee in a sensitive position having direct contact with children
6. The Department of Education
7. Any public or private school
8. A local government agency that licenses child care facilities

:: Right to Deny

After having your record expunged, you are allowed to lawfully deny or fail to acknowledge the arrests or conviction covered by the expungement. Nevertheless, there are limited exceptions to this right to deny or acknowledge the arrests or conviction related to the expungement. You must acknowledge your arrest or conviction if you are:

1. A candidate for employment with a criminal justice agency;
2. A defendant in a criminal prosecution;
3. Concurrently or subsequently petitioning for to have another unrelated criminal episode sealed or expunged ;
4. A candidate for admission to The Florida Bar;
5. Seeking to be employed, licensed by, or contracted with:
• The Department of Children and Family Services
• The Department of Juvenile Justice
• A sensitive position having direct contact with children
• The Department of Education
• Any public or private school
• A local government agency that licenses child care facilities

:: Eligibility and Other Questions

To determine if you are eligible to petition the court to have your criminal records please visit the eligibility checklist, or contact Orlando Expungement Lawyer Richard Hornsby if you already know that you are eligible and would like to begin the expungement process.

Florida criminal records history expungement law is rather complicated and overlaps considerably with Florida criminal records history sealing law. If you have further questions that you still need answered, please visit the Frequently Asked Questions section. However, the easiest way for you to get all of your questions answered is to contact Orlando Expungement Attorney Richard Hornsby who will be happy to provide you with a free initial consultation.

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