Frequently Asked Questions
1. Is it possible to have a criminal history record sealed or expunged?
Yes. Florida Statutes set forth the criteria that must be met in order to be eligible to have a criminal history record sealed or expunged. Attorney Mark Anthony Gager represents people who wish to have their criminal history sealed and or expunged.
2. Why do I have a criminal history record when the charges against me were dropped/dismissed?
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.
3. 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 but certain government agencies will. When a 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 access to the record itself without a court order.
4. How many dates of arrest can I have sealed or expunged?
A person may only seal or expunge one arrest record in one proceeding. More than one record may be sealed or expunged in the same proceeding if the court, in its sole discretion, finds the arrests to be directly related. However, a person may not seal or expunge one arrest record and then, later and in a different proceeding, ask to have a different arrest record sealed or expunged.
5. What charges may not be sealed or expunged?
Florida law prohibits certain crimes or charges from being sealed or expunged. Additionally if a person has been adjudicated guilty of any criminal offense the record is ineligible for sealing or expungement. Criminal traffic offenses such as DUI, Driving While License Suspended/canceled/revoked, or reckless driving cannot be sealed or expunged. Although non-criminal traffic offenses (such as careless driving) have no affect on eligibility to seal or expunge a criminal history record, they too cannot be sealed or expunged. Attorney Mark Anthony Gager can discuss with you and explain which charges are able to be sealed or expunged and which ones cannot. Since the legislature frequently adds charges to the list of those which cannot be sealed or expunged, it is important to have an attorney who keeps current on these legal changes.
6. What charges may be sealed or expunged?
Unless prohibited by statute from being sealed or expunged, any charge which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial may be sealed and in some circumstances expunged. Normally a charge may not be expunged until it has first been sealed for at least 10 years. A charge which was dismissed before trial (e.g., no information, nolle prosequi, no bill, etc.) may be expunged immediately provided all charges related to the arrest were so disposed of, and the record is otherwise eligible.
7. If I receive a full pardon can I have my criminal history record sealed or expunged?
Unless the pardon indicates on its face that it entitles the record subject to seal or expunge his or her criminal history record, the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record imposed by the disposition of the pardoned offense.
8. If I receive clemency, will my record be automatically expunged?
No. Neither a full pardon, nor any other type of clemency, will automatically expunge or facilitate the expungement of your criminal record.
9. If I have my civil rights restored, will my criminal history record disappear?
No. In order to have your civil rights restored you had to have been convicted (adjudicated guilty) of a felony that was the basis for your loss of civil rights. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history regardless of whether their civil rights have been restored.
10. Can my juvenile criminal history record sealed or expunged?
Yes, under certain circumstances. Prior to October 1, 1994 (for felonies), and July 1, 1996 (for specified misdemeanors), juvenile arrest records were not available to the general public unless the juvenile was treated as an adult. Under those circumstances if certain qualifications are met there would be an automatic expunction of the record after a specified period. Juvenile defendants who successfully complete a qualified diversion program may be eligible for expunction of their record. If a person wishes to pursue the judicial sealing or expunction of his or her juvenile record, Attorney Mark Anthony Gager will be able to represent you.
11. 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?
If the other record were sealed or expunged by operation of law (administratively or automatically, without intervention or action by the subject of the record), then the out-of-state sealing or expunction would not prevent you from being eligible to have a record in Florida sealed or expunged. However, if the 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.
