Expunging felony record

A person can have one criminal record sealed or expunged in the State of Florida.  To have a record sealed or expunged, you must petition the court to have the record sealed or expunged, even if you were acquitted or if the charges were dropped.  You can have one arrest record seal or expunged in your lifetime, and only if you were not convicted of the crime and have never been convicted of a crime.  I had one client who tried to have their record sealed and it was denied due to a DUI conviction 20 years ago in California. To have your record sealed or expunged you must first obtain a "Certificate of Eligibility" from the Florida Department Of Law Enforcement.  You must file an affidavit and submit a set of fingerprints along with a certified copy of the final disposition showing that the charges were dropped (or that you received a withhold of adjudication). Once you receive the certificate of eligibility you can file a petition to seal or expunge your record after giving 30 days notice to the arresting agency, FDLE and the State Attorney's Office. Once your record is sealed or expunged, the information will be removed from all official public records.  The Federal Government and Law Enforcement keep a confidential record, but the public record is removed.  A sealed or expunged record must still be disclosed if you are a defendant in a future criminal proceeding, if you are applying for a position with law enforcement, if you are applying for membership in the Florida Bar or if you are applying to be licensed to work with children, the handicapped or the elderly. In this day and age with the internet, even if you have your record sealed or expunged, the record may still come up on websites like mugshots.com or in newspaper articles about the case.  Having your records sealed or expunged will put you in the best position possible, but may not completely remove the history from all locations on the internet. Allen Geesey, Esq., 561 687 7236, AGeesey@aol.com or see SusnarGeeseyLaw.com