Seal and Expunction in Orange County, FL

Florida law provides different ways to seal or expunge a criminal history record in Orlando or Orange County, FL. After the criminal history record is sealed or expunged, the public will not have access to it. New laws in Florida recently made it easier and faster to expunge or seal a criminal record.

A criminal history record includes any non-judicial record maintained by a criminal justice agency that contains criminal history information previously collected by criminal justice agencies. Those records might consist of:

• mugshots
• fingerprints
• identifiable descriptions of individuals
• notations of arrests, detentions, indictments, informations, other formal criminal charges
• descriptions of the criminal dispositions.

If you need a criminal record seal or expunged in Orlando or Orange County, FL, contact an experienced criminal defense attorney at Sammis Law Firm.

Attorney to Seal or Expunge a Criminal Record in Orlando, FL

The attorneys at Sammis Law Firm help individuals in Orlando and Orange County, FL, expunge or seal their criminal records. We can help you complete the paperwork to obtain the certificate of eligibility from FDLE with the $75 processing fee.

After we obtain the certificate of eligibility from FDLE, we can help you submit the other required documents required to the Clerk’s Office in Orlando, FL, including the petition, affidavit, and proposed order to expunge or seal the record. If the court requires a hearing on the petition, we appear in person.

After the court signs the order to seal or expunge the record, we ensure each government agency with the record follows the order. We can also contact third-party publishing these records online, including mugshot[dot]com and other data mining companies. Contact a criminal defense attorney for Orange County, FL, at the Sammis Law Firm.

Call 813-250-0500.

Who Can See Seal or Expunged Record in Florida?

Only particular government entities can access sealed records after they are sealed. For expunged records, those same entities can see whether a person has previously expunged a criminal history record, though they can not access the expunged record without a court order.

As explained in Section 943.045(11), F.S., those government or related entities that can access sealed records under certain limited circumstances might include:

• a court;
• the Florida Department of Law Enforcement (FDLE);
• the Department of Juvenile Justice;
• components of the Department of Children and Families;
• other governmental agencies that administrate criminal justice; and
• the investigations component of the Department of Financial Services.

Expunction of a Criminal History Record in Orange County, FL

A person may have his or her criminal history record expunged under certain circumstances listed in Sections 943.0581, 943.0582, 943.0583, and 943.0585, F.S. The court-ordered expunction is the most common. Other types of expunctions under Florida law include:

• administrative expunction under Section 943.0581, F.S.;
• automatic juvenile expunction under Section 943.0515(1)(b)1.;
• early juvenile expunction under Section 943.0515(1)(b)2.;
• juvenile diversion program expunction under Section 943.0582, F.S.;
• human trafficking victim expunction under Section 943.0583, F.S.;
• lawful self-defense expunction under Section 943.0578, F.S.

When a record is expunged, the criminal justice agencies possessing the record must physically obliterate or destroy it.

The FDLE maintains a copy of the record to evaluate subsequent requests for sealing or expunction, and to recreate the record if a court vacates the order to expunge under Section 943.045(16), F.S. As required by Section 943.0585(6)(a), F.S., the criminal history record retained by the FDLE is exempt from disclosure under a public record request and otherwise confidential.

Under Section 943.0585(6), F.S., once the criminal history record is expunged, a person may lawfully deny or fail to acknowledge the arrests covered by the expunged record, subject to certain exceptions.

Obtaining the Certificate of Eligibility from FDLE

Before petitioning a court to expunge a criminal history record, a person must apply to the FDLE for a certificate of eligibility for expunction. The FDLE must issue a certificate of eligibility for expunction to a person who is the subject of a criminal history record if that person:

• Is eligible for expunction, as described above;
• Has submitted to the FDLE a certified copy of the disposition of the charge to which the petition pertains; and
• Pays a $75 processing fee to the FDLE.

To obtain the certificate of eligibility from FDLE, you must also submit to the FDLE a written certified statement from the appropriate state attorney in the Ninth Judicial Circuit in Orlando, FL, which confirms the criminal history record complies with specified criteria, including:

• The person has never been adjudicated guilty or delinquent for committing any felony or specified misdemeanors;
• An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record;
• An indictment, information, or other charging document was filed or issued in the case giving rise to the criminal history record, was either:
  • dismissed or nolle prosequi by the state attorney or statewide prosecutor;
  • was dismissed by a court or a judgment of acquittal was rendered;
  • a verdict of not guilty was rendered.

Under Section 943.0585(2), F.S., the certificate of eligibility for expunction is valid for twelve (12) months after the date stamped on the certificate when issued by the FDLE.

Court Ordered Expunction

As provided by Section 943.0585(4), F.S., the court has the discretion to order the expunction of a person’s criminal history record if the FDLE issues the person a certificate of eligibility for expunction.

The FDLE must issue a certificate of eligibility for court-ordered expunction to a person meeting all criteria as required by Section 943.0585(2), F.S., which include:

• An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.
• An indictment, information, or other changing document was filed or issued in the case giving rise to the criminal history record, but was:
  • dismissed or nolle prosequi by the State;
  • was dismissed by the court;
  • a judgment of acquittal was rendered; or
  • a verdict of not guilty was rendered.
• The person is not seeking to expunge a criminal history record relating to a violation of certain enumerated offenses.
• The person has never, prior to filing the application for a certificate of eligibility, been either:
  • Adjudicated guilty of any criminal offense or comparable ordinance violation; or
  • Adjudicated delinquent of any felony or certain enumerated misdemeanors as a juvenile.
  • The person has not been adjudicated guilty or delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to expunge pertains.
  • The person has never secured a prior sealing or expunction, unless: o Expunction is sought of a criminal history record previously sealed for at least 10 years; and
  • The record was sealed because adjudication was withheld, or because a judgment of acquittal or verdict of not guilty was rendered.

Criminal history records not eligible for court-ordered sealing include:

• Abuse of an elderly person or disabled adult or aggravated abuse of an elderly person or disabled adult (Section 825.102, F.S.);
• Aggravated assault (Section 784.021, F.S.);
• Aggravated battery, felony battery, domestic battery by strangulation, or  (Sections 784.03, 784.041, and 784.045, F.S.);
• Aircraft piracy (Section 860.16, F.S);
• Arson (Section 806.01, F.S.);
• Assault or battery of one family or household member by another family or household member (Sections 784.011 and 784.03, F.S.);
• Burglary of a dwelling (Section 810.02, F.S.);
• Carjacking (Section 812.133, F.S.);
• Child abuse or aggravated child abuse (Section 827.03, F.S);
• Certain acts in connection with obscenity (Section 847.0133, F.S.);
• Computer Pornography and Child Exploitation Prevention Act violations(Section 893.0135, F.S.);
• Drug trafficking (Section 893.135, F.S.);
• Florida Communications Fraud Act violations (Section 817.034, F.S.);
• Home invasion robbery (Section 812.135, F.S.);
• Human trafficking (Section 787.06, F.S.);
• Illegal use of explosives (Chapter 552, F.S.);
• Kidnapping or false imprisonment (Sections 787.01 and 787.02, F.S.);
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age (Section 800.04, F.S.);
• Lewd or lascivious offenses committed upon or in the presence of an elderly or disabled person (Section 825.1025, F.S.);
• Luring or enticing a child (Section 787.025, F.S.);
• Manslaughter or homicide (Sections 782.07, 782.071, and 782.072, F.S.);
• Manufacturing a controlled substance (Chapter 893, F.S.);
• Murder (Sections 782.04, 782.065, and 782.09, F.S.);
• Offenses by public officers and employees (Chapter 839, F.S.);
• Procuring a person under the age of 18 for prostitution (Section 796.03, F.S. (2013) (repealed by ch. 2014-160, s. 10, L.O.F.));
• Robbery or robbery by sudden snatching (Sections 812.13 and 812.131, F.S.);
• Selling or buying of minors (Section 847.0145, F.S.);
• Sexual battery, unlawful sexual activity with a minor, or female genital mutilation (Chapter 794, F.S.);
• Sexual misconduct (Sections 393.135, 394.4593, and 916.1075, F.S.);
• Sexual performance by a child (Section 827.071, F.S.);
• Stalking or aggravated stalking (Section 784.048, F.S.);
• Terrorism (Section 775.30, F.S).
• Voyeurism or video voyeurism (Sections 810.14 and 810.145, F.S.);
• Any violation specified as a predicate offense for registration as a sexual predator or sexual offender (Sections 775.21 and 943.0535, F.S.).

Court Ordered Sealing

As explained in Section 943.059(3), F.S., after receiving a certificate of eligibility from the FDLE, a person must petition the court to seal the record. A complete petition to seal a criminal history record must contain:

• a valid certificate of eligibility, issued within the previous 12 months; and
• a sworn statement from the petitioner attesting to his or her eligibility.

Under Section 943.059, F.S., the court has the discretion to grant or deny a petition to seal.

If the court agrees to seal the criminal history record, you may lawfully deny or fail to acknowledge the arrests covered by the sealed record except when required to disclose the record for:

• certain state employment positions;
• professional licensing purposes;
• purchasing a firearm;
• applying for a concealed weapons permit;
• seeking expunction; or
• if the subject is a defendant in a criminal prosecution.

Additional Resources

Clerk’s Office in Orange County on Sealing and Expungement – Visit the criminal division of the Clerk’s Office in Orange County, FL, at 425 N. Orange Ave., Suite 210, Orlando, FL 32801. This online article describes how to seal or expunge a criminal history record and includes links to download the sealing and expungement packet. The article explains how to seal or expunge your record in Florida for free.

Orange County’s State Attorney’s Office on Seal and Expunction – Visit the State Attorney’s Office website for the Ninth Judicial Circuit in Orange County to learn more about how to seal or expunge a criminal history record in Florida. Find links to download the application, petition for sealing and expungement, or an informative brochure.

This article was last updated on Friday, November 1, 2024.