Sealing criminal records can be a vital step for individuals seeking to move forward after an arrest or conviction. In Florida, the process and legal framework for sealing records are governed by specific statutes, including Section 943.051(3)(b). This article will provide a comprehensive overview of the key statute, relevant legal definitions, potential consequences of not sealing records, and the process involved. It will also explain why individuals might need an attorney and why Musca Law, P.A. is a suitable choice for legal representation.

Key Statutes and Legal Definitions

Florida Statutes Section 943.051(3)(b)

Florida Statutes Section 943.051(3)(b) outlines the conditions and procedures for sealing criminal records. According to this statute, certain qualifying individuals can request the sealing of their criminal records, provided they meet specific criteria. This statute is part of a broader legislative framework aimed at allowing individuals to mitigate the long-term impacts of their criminal records.

The statute stipulates that an individual is eligible to apply for the sealing of their records if they have not been adjudicated guilty of the offense. It also requires that the individual must not have previously sealed or expunged any other records. Furthermore, the offense in question must not fall under the category of disqualifying offenses, such as sexual offenses, violent crimes, or offenses involving minors.

Relevant Legal Definitions

Understanding the legal definitions associated with record sealing is crucial for comprehending the process and its implications.

  • Sealing of Records: Sealing records means that the records are not accessible to the general public but are still maintained by the state. Law enforcement agencies and certain other entities may still access sealed records under specific circumstances.
  • Expungement: Expungement is the process of completely erasing a criminal record, making it as though the offense never occurred. This is different from sealing, where the record still exists but is hidden from public view.
  • Adjudication Withheld: This occurs when a court does not formally convict an individual despite a guilty plea or a finding of guilt. In such cases, the individual may still be eligible to have their record sealed.

Potential Consequences if Records Are Not Sealed

Not sealing a criminal record can have significant long-term consequences. A criminal record can affect various aspects of an individual's life, including employment, housing, education, and personal relationships.

Employment

Many employers conduct background checks as part of the hiring process. A criminal record can disqualify an individual from job opportunities, particularly in fields that require a clean background, such as education, healthcare, finance, and law enforcement. Even if the individual is qualified for the job, the presence of a criminal record can bias employers against them.

Housing

Landlords often perform background checks on potential tenants. A criminal record can result in housing applications being denied, limiting the individual's housing options. This can be particularly challenging in areas with competitive housing markets.

Education

Educational institutions may also conduct background checks on applicants. A criminal record can affect admissions decisions and eligibility for certain programs or scholarships. This can hinder an individual's ability to pursue higher education and improve their career prospects.

Personal Relationships

A criminal record can also impact personal relationships. It can affect child custody decisions, adoption applications, and the ability to serve as a foster parent. Additionally, the stigma associated with a criminal record can strain personal and familial relationships.

The Process of Sealing Records in Florida 

The process of sealing criminal records in Florida involves several steps, and it is important to follow each step meticulously to ensure a successful outcome.

Step 1: Determine Eligibility

The first step is to determine if you are eligible to have your records sealed. This involves verifying that you meet the criteria outlined in Florida Statutes Section 943.051(3)(b), such as not having been adjudicated guilty, not having previously sealed or expunged any records, and ensuring that the offense is not a disqualifying offense.

Step 2: Obtain a Certificate of Eligibility

Once eligibility is confirmed, the next step is to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This involves submitting an application, fingerprint card, and a processing fee. The FDLE will review the application to ensure that all criteria are met and issue the certificate if the individual is deemed eligible.

Step 3: File a Petition with the Court

After receiving the Certificate of Eligibility, the individual must file a petition to seal records with the appropriate court. This petition includes the certificate, affidavits, and any other required documentation. It is important to follow the court's procedures and deadlines meticulously.

Step 4: Attend a Court Hearing

In some cases, the court may schedule a hearing to review the petition. During the hearing, the petitioner may present their case, and the prosecution may provide input. The judge will then decide whether to grant or deny the petition based on the presented evidence and arguments.

Step 5: Obtain the Court Order

If the court grants the petition, it will issue an order to seal the records. The individual must then provide this order to the relevant agencies and organizations to ensure that the records are properly sealed.

Common Defenses Against This Charge

If you are facing charges that you believe could be sealed, it is important to understand the common defenses and strategies that may apply to your case.

Insufficient Evidence

One common defense is to argue that there is insufficient evidence to support the charge. If the prosecution cannot provide adequate evidence to prove the offense beyond a reasonable doubt, the charge may be dismissed, making the record eligible for sealing.

Violation of Rights

Another defense is to argue that the individual's rights were violated during the investigation or arrest. This can include illegal searches and seizures, violations of Miranda rights, or coercion during interrogation. If the defense can prove that the rights were violated, the case may be dismissed, and the record can be sealed.

Mistaken Identity

In some cases, individuals may be wrongfully charged due to mistaken identity. Providing evidence that the individual was not involved in the offense can lead to the charges being dropped and the record being eligible for sealing.

FAQs about Sealing Records in Florida

What is the difference between sealing and expunging a record?

Sealing a record means that it is hidden from the public but still exists and can be accessed by certain entities, such as law enforcement agencies. Expunging a record means that it is completely erased, and it is as if the offense never occurred. Both processes have specific eligibility criteria and procedures.

Can all criminal records be sealed in Florida?

No, not all criminal records can be sealed. Certain offenses, such as sexual offenses, violent crimes, and offenses involving minors, are disqualifying and cannot be sealed. Additionally, individuals who have previously sealed or expunged a record may not be eligible to seal another record.

How long does the process of sealing a record take?

The process of sealing a record can vary depending on the complexity of the case and the efficiency of the involved agencies. Generally, it can take several months from the initial application to obtaining the court order.

What happens if my petition to seal a record is denied?

If the court denies your petition to seal a record, you may have the option to appeal the decision. It is important to consult with an attorney to understand your options and determine the best course of action.

Will sealed records show up on background checks?

Sealed records are not accessible to the general public and should not show up on most background checks. However, certain entities, such as law enforcement agencies, may still access sealed records under specific circumstances.

Can I seal a record if I was adjudicated guilty?

No, individuals who were adjudicated guilty of the offense are not eligible to have their records sealed. Only those who were not adjudicated guilty or had adjudication withheld are eligible.

Do I need an attorney to seal my records?

While it is not mandatory to have an attorney to seal your records, it is highly recommended. An attorney can help ensure that the process is followed correctly, increasing the likelihood of a successful outcome.

Call Musca Law For Your Free Consultation

If you are seeking to seal your criminal records in Florida, it is crucial to have experienced legal representation to guide you through the process. Musca Law, P.A. has a team of skilled criminal defense attorneys with a proven track record of success in handling record sealing cases. We offer free consultations 24/7/365 at 1-888-484-5057 and have 30 offices across the state of Florida to serve clients in all 67 counties. Contact Musca Law, P.A. today to protect your future and take the first step towards a fresh start.