Orlando FL Expungement and Sealing Criminal Records Law Firm
Expungements and Sealing Criminal Records

Don’t let a mistake that you may have made recently or many years ago stick with you for the rest of your life.  Having a criminal record can hinder your future in many ways including obtaining employment, promotions within your employment, enrollment into higher education, scholarships and/or educational grants, government contracting, etc.  Contact a Orlando Criminal Defense Attorney at Moses and Rooth for a FREE CONSULTATION to review your case and determine whether you qualify for an expungement or sealing of your criminal records.  Our attorneys are available to discuss with you any specific questions you may have.

An Expungement is the removal of your criminal history from the records of Florida Department of Law Enforcement.

Sealing your criminal records means placing you criminal history under highly restricted access. In order to have your records either expunged or sealed, our office will assist you in abiding by the scrict laws and rules governing these actions.  In order to comply with these standards, the law firm of Moses and Rooth will abide by Sections 943.0585 - 943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code.

Disqualifying Charges
for Expungements/Sealing Criminal Records

A request for a certificate of eligibility for an expunction or sealing of a criminal history record will be denied if you have previously been found guilty or pled guilty or nolo contendere, even if the adjudication of guilt was withheld, on any violation of the following:

(if your case is listed below and your case was ultimately dropped by the State Attorneys Office, you still MAY be eligible for an expungement. )

Offenses listed in S.907.041, F.S.

1. Arson
2. Aggravated Assault
3. Aggravated Battery
4. Illegal use of explosives
5. Child abuse or Aggravated Child Abuse
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
7. Aircraft piracy
8. Kidnapping
9. Homicide
10. Manslaughter
11. Sexual Battery
12. Robbery
13. Carjacking
14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
16. Burglary of a dwelling
17. Stalking and Aggravated Stalking
18. Act of Domestic Violence as defined in s. 741.28
19. Home-invasion Robbery
20. Act of Terrorism as defined by s. 775.30
21. Attempting or conspiring to commit any of the above crimes
22. Sexual misconduct with developmentally disabled person and related offenses
23. Sexual misconduct with mental health patient and related offenses
24. Luring or enticing a child
25. Sexual Battery and related offenses
26. Procuring person under 18 for prostitution
27. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
28. Florida Communication Fraud Act  (Scheme to Defraud or Organized Fraud, as used in s.817.034, F.S.)
29. Lewd or lascivious offense upon or in presence of elderly person or disabled person
30. Sexual performance by a child
31. Offenses By Public Officers and Employees.
32. Showing, selling, etc., obscene literature to minor
33. Computer pornography
34. Selling or buying of minors
35. Trafficking in controlled substances
36. Sexual misconduct with mentally deficient or mentally ill defendant and related offenses
    (if your case is listed here and your case was ultimately dropped by the State Attorneys Office, you still MAY be eligible for an expungement. )

All references above are from the Florida Statutes.

What is the difference between having a criminal history record sealed vs. expunged?

When a criminal history record is sealed, the public will not have access to it.  However, certain governmental and similar entities (for example: applying for a governmentposition where you would have to work with minor children) will still have access to sealed records information in its entirety.

If your criminal record has been expunged, those entities which would have access to a sealed record will be informed that the subject of the record has had a record expunged, but would not have full access to the record itself without a court order.  Such entities would receive only a caveat statement indicating that "Criminal Information has been Expunged from this Record".

Why do I have a criminal history record when the charges against me were dropped / dismissed?

Even though your case may have been dismissed or dropped by the State Attorneys Office, you still have a criminal history.  The law firm of Moses and Rooth may be able to assist by either removing your history from the records of Florida Department of Law Enforcement or placing your criminal history under highly restricted access. The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.

How many dates of arrest can I have sealed or expunged?

It may be possible to have more than one record sealed or expunged in the same proceeding.  In order for this to happen, the court, in its sole discretion, must find the arrests to be directly related.

What charges may be expunged?

If your criminal charge was dismissed before trial (for example: a “no information”, “nolle prosequi”, or a “no bill” was filed) your criminal history may be eligible for an immediate expungement.  This is a basic overview of the qualifications, for further information please contact an attorney at Moses and Rooth.

Are there any exceptions to allow my criminal record to be eligible for an expungement?

Yes. The law firm of Moses and Rooth may be able to assist you in seeking an expungement after your record has been sealed for 10 years.

What type of background check is conducted by FDLE to determine my eligibility to have a criminal history record sealed or expunged?

FDLE conducts criminal history record checks in Florida through the Florida Crime Information Center (FCIC), national record checks through the National Crime Information Center (NCIC), and driving history checks through the Florida Department of Highway Safety and Motor Vehicles (DHSMV). These databases are searched to determine the eligibility of an individual to have a criminal history record sealed or expunged.

If I have a criminal history record sealed or expunged in another state or jurisdiction, am I still eligible to have a criminal history record sealed or expunged within the State of Florida?

Maybe.  If your out of state record has been sealed or expunged by operation of law (administratively or automatically) then you would be eligible to have a record in Florida sealed or expunged. However, if the out of state record was sealed or expunged because you petitioned to have it done by a court order then you would not be eligible to have another record sealed or expunged.  Contact an experienced criminal attorney at Moses and Rooth for a FREE CONSULATION to discuss the specifics regarding  your case.

Will FDLE notify the agencies involved with my case that the record has been sealed or expunged?

If the record is eligible and the court grants relief, FDLE will comply with the certified court order and seal or expunge the appropriate criminal history record. Once FDLE seals or expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency or agencies involved with your case. The notification letter is to inform the agencies that FDLE has received and has complied with the order in accordance with the seal or expunge statutes.

The above information is not intended as legal advise, but simply as an overview of the process.  Please do not rely on the information contained within this site or anything on the web for legal advise.  Please contact a Criminal Defense Attorney at Moses and Rooth, P.A. to schedule a FREE CONSULTATION and discuss the specifics regarding  your case.

Information provided above from the Florida Statutes and Florida Department of Law Enforcement.

From our office next to the Orange County Courthouse, the Moses & Rooth law firm represents clients in the Central Florida communities of Orange County, Seminole County, Osceola County, Volusia County, Brevard County, Lake County, and Polk County.

The criminal defense attorneys at the Moses & Rooth law firm represent clients throughout Central Florida, including Orlando, Kissimmee, Sanford, Deland, Deltona, Daytona Beach, Casselberry, Viera, Winter Garden, Altamonte Springs, and Lake Mary.