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How do I know if I qualify for a criminal record sealing?

 

Generally speaking, for your case to qualify for a criminal history record sealing, you must meet the following conditions below:

  1. You received any of the following case dispositions:
    1. Acquitted
    2. Dismissed
    3. Dropped
    4. No Actioned
    5. Nolle Prosequi (i.e., Not Prosecuted)
    6. Successful completion of Pre-Trial Diversion (PTD)
    7. Successful completion of Pre-Trial Intervention (PTI)
  2. If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  3. If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  4. If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  5. If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  6. If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  7. If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).
  8. You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.
  9. You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.
    • It is important to note that there are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).

*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.

Because each and every case is unique, if you have specific questions about your case, Call Erase the Case today for a free professional consultation.

You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing.

List of Dangerous Offenses Prohibiting Expungement or Sealing of Record