Expungement Attorney in Jacksonville

What Is the Difference Between Sealing and Expungement?

Sealing and expungement both restrict public access to a Florida criminal history record, but they do not have the same legal effect.

Record Sealing

When a court orders a qualifying record sealed, the record becomes confidential and is generally removed from ordinary public access. Certain criminal justice agencies, courts, licensing authorities, employers, and other entities identified by Florida law may still have access in specified circumstances.

Record Expungement

An expungement goes further. Criminal justice agencies that hold the record generally must physically destroy or obliterate it. The Florida Department of Law Enforcement retains a confidential copy, and Florida law places strict limits on access to it.

Even after sealing or expungement, Florida law contains situations in which a person must acknowledge the record or in which designated agencies may learn that a sealed or expunged record exists. Record clearing should therefore be understood as substantial confidentiality protection, not as a guarantee that the event never has to be disclosed in any context.

Who May Be Ineligible to Seal or Expunge a Florida Record?

Florida's eligibility rules are specific, and no single factor determines every case.

A prior Florida criminal adjudication of guilt can make a person ineligible for court-ordered sealing or expungement. The statutes also restrict relief for certain juvenile adjudications, prior sealing or expungement relief, ongoing court supervision connected with the case, and records involving offenses that Florida law specifically excludes.

Florida Statute § 943.0584 includes a list of offenses that can be ineligible even when adjudication was withheld. For purposes of that statute, certain guilty or no-contest pleas are treated as convictions despite a withhold of adjudication.

The excluded categories include specified domestic assault and battery offenses, aggravated assault, serious sexual offenses, child abuse, robbery, burglary of a dwelling, drug trafficking, and other listed crimes.

That is why eligibility should be based on the exact charge and disposition rather than simply asking whether the person was formally "convicted."

Can a DUI or Domestic Violence Case Be Sealed or Expunged?

The answer depends on what happened in the case.

A Florida DUI adjudication of guilt can prevent a person from satisfying the general eligibility requirements for court-ordered relief. A dismissed arrest should not automatically be treated the same way as a conviction.

Likewise, some offenses arising from domestic violence allegations are expressly covered by Florida's statutory list of ineligible records when the required conviction or plea exists. The mere fact that someone was arrested for an offense does not eliminate the need to examine how the case was ultimately resolved.

Is Florida's One-Record Rule Absolute?

Florida generally allows a person one court-ordered sealing or expungement under §§ 943.0585 and 943.059.

There are limited rules concerning expungement of the same criminal history record after it has previously been sealed. Whether those provisions apply depends on how the underlying case ended and the circumstances of the earlier sealing.

The statutes also permit a court, in limited circumstances, to include additional arrests that directly relate to the original arrest or incident. Those rules should not be interpreted as a general ability to clear multiple unrelated criminal records.

How the Jacksonville Seal and Expunge Process Works

A court-ordered sealing or expungement begins with determining whether the record appears to meet Florida's statutory requirements.

1. Gather the Case Information

The process generally requires a certified disposition of the case and information identifying the arrest and charge.

For Jacksonville and Duval County cases, the disposition can be obtained through the appropriate Clerk of Court records.

2. Complete the FDLE Certificate of Eligibility Process

Before asking a court to seal or expunge a record, the applicant must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement.

The application requires fingerprints taken by an authorized criminal justice agency. Local Fourth Judicial Circuit instructions direct Jacksonville applicants to obtain fingerprints through the Jacksonville Sheriff's Office.

FDLE currently charges a nonrefundable $75 processing fee for a standard Certificate of Eligibility application.

For an expungement application, the appropriate State Attorney or statewide prosecutor must also complete the required certified statement before FDLE can determine eligibility. That additional certification is not part of the ordinary sealing application.

3. Receive the Certificate

An FDLE Certificate of Eligibility confirms that the applicant meets FDLE's statutory eligibility requirements to petition the court. It does not itself seal or expunge the record and does not guarantee that a judge will grant relief.

The certificate is valid for 12 months from the date FDLE issues it.

4. File the Court Petition

After receiving the certificate, the petitioner prepares the petition, sworn affidavit, proposed order, and supporting documentation.

For a Duval County case, the original filing is submitted through the appropriate Clerk's office. Copies of the required documents are also provided to the Fourth Judicial Circuit State Attorney's Office and other required agencies.

The State Attorney and arresting agency may respond to the petition.

5. Court Review

The judge has the final authority to grant or deny court-ordered sealing or expungement. Florida law expressly provides that obtaining a Certificate of Eligibility does not create an automatic right to relief.

Depending on the case, the court may decide the petition from the filings or require a hearing.