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Home > Sealing and Expungement > Frequently Asked Questions
:: Frequently Asked Questions about Sealing or Expungement
Below are a list of some of the more frequent questions I receive regarding sealing or expunging a criminal record in Florida. This information should not be used in lieu of obtaining legal advice regarding your criminal record. After looking through this site, you should contact Orlando Expungement Attorney Richard Hornsby who will provide you with a free initial consultation regarding your particular criminal record.
How much does it cost to have my criminalrecord sealed or expunged?
Answer: I charge a flat fee of $1,500.00 - $1,750.00 which includes all court costs and related expenses. If the case is outside of the Central Florida area and a hearing is required there is an additional $500 travel fee.
How is sealing a criminal record different from expunging it?
Answer: In Florida, sealing and Expungement of your criminal records are two similar, but separate processes.
Sealing of your criminal record means that all records related to your criminal case that are held by a criminal justice agency or the court system are no longer accessible to the public. Other than the statutory exceptions listed in the sealing section of my web site, your criminal record can only be accessed if a judge orders that it be unsealed, and this is rarely, if ever, done.
Expungement (also known as expunction) is the physical destruction of all records related to your criminal case that are held by a criminal justice agency or the court system. Importantly though, one copy of your criminal record history is retained by the Florida Department of Law Enforcement and that copy is not obtainable by the public.
The primary distinction between sealing and expungement, is that sealed records are retained by the courts and law enforcement agencies who possess them, but they are prohibited from divulging their existence to the public. On the other hand, expungement requires the courts and law enforcement agencies who possess your records to physically destroy them, thus making it impossible for them to be accidentally divulged. However, one copy is confidentially maintained by the Florida Department of Law Enforcement.
Why can't I just expunge my criminal record instead of sealing it?
Answer: You can only have your record immediately expunged if you were arrested but never formally charged by the State Attorney, the State Attorney dropped your case, the court dismissed your case, or you were found not guilty by a judge or jury.
However, if you entered a plea and adjudication of guilt was withheld, you are only allowed to initially seek to have your criminal record sealed. Then after ten years of staying out of trouble you may apply to have your record expunged.
What effect does sealing or expunging my record have?
Answer: Under Florida law, a sealed or expunged criminal record is confidential and not subject to disclosure by any State or Federal agency who possesses it. A criminal justice agency that possesses your criminal record is not allowed to say that you even had a criminal record, or that it was sealed or expunged. If a person does divulge this information they may be charged with a first degree misdemeanor. Most importantly, information regarding the criminal offense that was sealed or expunged is removed from the Criminal Justice Information System so that it doesn't come up on any background checks.
Can I seal or expunge my entire record?
Answer: No, you can only seal criminal history related to one criminal episode. So if you have been arrested multiple times, you will only be able to seal or expunge the criminal history related to one of those arrests.
One exception to this does exist. If you plead guilty or no contest to more than one offense and the court withheld adjudication of guilt on all of the offenses, then you may seek to have only one of the convictions sealed or expunged. If this applies to you, you should seek to have the more serious charged removed.
Are Felony Offenses eligible to be sealed or expunged?
Answer: Yes, felony offenses are eligible to be sealed or expunged, provided it is not one of the ineligible offenses prohibited from being sealed or expunged.
I had multiple charges from one arrest, can I seal or expunge them all?
Answer: Yes, you can seal or expunge multiple charges if they stem from the same criminal episode.
Do I have to appear in court?
Answer: No, but you should if a hearing is scheduled. Your appearance in court is not necessary unless required by the court. However, if a formal hearing is scheduled, I request that my client's make every attempt to attend the hearing. It demonstrates to the court that you value this chance to clear your criminal record and that it is important to you.
How long does it take to seal or expunge my criminal record?
Answer: It can take up to six months to complete the process of sealing or expunging your criminal record.
What steps are involved in sealing or expunging my criminal record?
Sealing or expunging your criminal record is a multi-step process.
- Your application must be approved by the Florida Department of Law Enforcement (FDLE). If they approve your application, they will issue a certificate of eligibility;
- Upon receipt of the certificate of eligibility I must then prepare a Petition to Seal or Expunge and submit it to the court;
- After filing the petition, the court will either rule on the petition without a hearing, or the court may set the petition for a hearing. Either way, the court will either grant or deny the petition;
- If the petition is granted, the court will issue an order to seal or expunge your criminal record;
- The order is then sent to the arresting agency, any other criminal justice agency involved in your arrest, any other agency having criminal records related to your case, and to the clerk of the court.
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