An old arrest can follow you into every job application and apartment search. Florida law lets many people clear that record for good — usually once in a lifetime. Make the one chance count.
Call 904-383-7448Florida offers two ways to clear a criminal history. Sealing, under section 943.059, Florida Statutes, hides the record from public view. Expunction, under section 943.0585, goes further and has the record destroyed or returned. Most people get one shot at this in a lifetime, so the case you choose and the paperwork you file matter.
Graham W. Syfert has defended the accused in Northeast Florida since 2007, and clearing the record is the last and best step in many of those cases. Call 904-383-7448 to find out whether you qualify.
The two remedies sound similar and are easy to confuse. Sealing keeps the record in existence but removes it from public access, so an ordinary background check will not show it, although a handful of agencies — courts, law enforcement, and certain licensing bodies — can still reach it. Expunction is the stronger remedy: the physical record is destroyed or returned to you, and even the agencies that keep a copy may only acknowledge its existence under a court order.
Which one is available usually turns on how the case ended. When a court withholds adjudication after a plea, sealing is typically the path. When the charge was dropped, never filed, or dismissed, expunction is often available. The distinction is technical, and getting it right is part of the work.
Eligibility is narrow and specific. As a general matter, you cannot have been adjudicated guilty of the offense you want to clear, you cannot have a prior conviction on your record, and you cannot have previously sealed or expunged a record in Florida. Certain offenses are excluded by statute even when adjudication was withheld, so a charge that seems minor can still be barred. The first step is almost always obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement, which confirms you meet the threshold requirements before a court is ever asked to act.
The path runs in stages: confirm eligibility, apply to FDLE for the Certificate of Eligibility, prepare and file a petition with the court, and obtain an order directing the agencies that hold the record to seal or destroy it. Each stage has its own requirements and its own ways to go wrong, from a disqualifying entry no one caught to a petition that omits a required party. Because the remedy is usually a once-in-a-lifetime opportunity, it is worth doing deliberately rather than fast.
A sealed or expunged record lets most people lawfully deny the arrest in most situations, which is the practical point of the whole exercise. It is not absolute. Some applications — for example, certain government, law enforcement, and licensing positions — require disclosure anyway. A clear, honest conversation about what the result will mean for your situation is part of the job, and no outcome can be promised in advance; eligibility and results depend on the facts of your record.
Sealing under section 943.059 hides the record from public view; some agencies can still see it. Expunction under section 943.0585 has it destroyed or returned. Which applies usually depends on whether adjudication was withheld.
Generally no. If you were adjudicated guilty, the charge usually cannot be sealed or expunged. These remedies are aimed at cases that ended without a conviction. Some offenses are barred even then.
As a rule, once in a lifetime, with limited exceptions. Because the chance is rare, it is worth using on the right case and getting the paperwork right.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties