The terms “sealing” and “expunging” are often used interchangeably, but they have distinct legal meanings:

• Sealing: When your record is sealed, it is hidden from the public, but it still exists in government databases. Law enforcement agencies, certain employers, and other government entities may still have access to the sealed record.
• Expunging: Expungement goes a step further. It effectively destroys the record so that no one, except specific government agencies, can access it. An expunged record is removed entirely from public view.

Eligibility for sealing or expungement depends on several factors, including the nature of the charge, the outcome of the case, and the number of prior convictions you may have.

Certain offenses are not eligible for sealing, such as serious crimes like sexual offenses or violent felonies. The following charges are not eligible to be sealed, even if you were not convicted or received a Withhold of Adjudication:

1. Assault, as defined in s. 784.011;
2. Battery, as defined in s. 784.03;
3. Assault on a law enforcement officer, a firefighter, or other specified officers, as defined in s. 784.07(2)(a);
4. Carrying a concealed weapon, as defined in s. 790.01(2);
5. Open carrying of a weapon, as defined in s. 790.053;
6. Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property, as defined in s. 790.115;
7. Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1);
8. Unlawful possession of a firearm by a minor, as defined in s. 790.22(5);
9. Exposure of sexual organs, as defined in s. 800.03;
10. Arson, as defined in s. 806.031(1);
11. Petit theft, as defined in s. 812.014(3);
12. Neglect of a child, as defined in s. 827.03(1)(e); or
13. Cruelty to animals, as defined in s. 828.12(1). “

More details on criminal offenses that may not be sealed when (i.e., even if) adjudication is withheld is found in Section 943.059, F.S..”

The process for sealing or expunging a criminal record involves several steps:

1. Eligibility Check: Your first step is to determine whether you are eligible for sealing or expungement. This can involve reviewing your criminal history with the assistance of an attorney at the Law Office of Timothy Sullivan.
   
   
2. Filing a Petition: If eligible, you must file a petition for sealing or expungement in the appropriate court.
   
   
3. Background Check: You will be required to undergo a background check by the Florida Department of Law Enforcement (FDLE), which will verify your eligibility and ensure that no other disqualifying offenses exist.
   
   
4. Court Hearing: After submitting your petition with the help of an attorney at the Law Office of Timothy Sullivan, a judge will review the case. In some situations, you may be required to attend a hearing.
   
   
5. Order of Sealing or Expungement: If the judge approves your petition, you will receive an order to have your criminal record sealed or expunged. This order is then processed by the FDLE, and your record will be officially sealed or expunged.

The timeline for sealing or expunging a criminal record varies depending on several factors, including court caseloads, whether the case is contested, and whether you have already received a certificate of eligibility. On average, the process may take anywhere from six months to a year, but it can take longer in some cases. Without the help of an expert attorney in Pinellas County, this process can be difficult and lengthy.

Once your record is sealed or expunged, employers cannot view the sealed or expunged offenses during background checks unless they are specifically exempted under the law (such as for certain government or law enforcement positions). An attorney at the Law Office of Timothy Sullivan can help answer questions for detailed, specific employment situations.

While you are not required to have an attorney to apply for sealing or expungement, it is highly recommended. The legal process can be difficult to navigate on your own, and an experienced defense attorney at the Law Office of Timothy Sullivan can help ensure that your petition is correctly filed, increase the chances of success, and address any potential issues that may arise. They can also help determine your eligibility and provide representation in court if necessary. 

At the Law Office of Timothy Sullivan, our team has extensive experience in Pinellas County courts, and are passionate about providing individualized attention to each client in an effort to secure the most favorable outcome in each case. We have successfully supervised the sealing and expungement of more than 250 cases, and are prepared to help you today.

If you have any questions or would like to discuss your case further, please reach out for a free consultation 24 hours a day, seven days a week.