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Tampa Attorneys to Seal or Expunge

Protect Your Most Important Asset - Your Good Name

If you are eligible, the attorneys at the Sammis Law Firm can help you petition to seal or expunge your Florida criminal record without delay. Our offices are conveniently located in downtown Tampa. We are experienced in sealing and expunging records throughout Tampa, Hillsborough County, and the surrounding areas of Tampa Bay. In fact, we seal and expunge records throughout the State of Florida.

We charge a total of $950.00 (including all costs) to help you seal or expunge the criminal record.

Our charge of $950 is a flat fee that includes all costs and required court appearances. Unlike some other law firms that advertise for this service, our services also include contacting data mining companies (like MugShots . com, SecretPast . com, Arrest .com ) to demand that they remove your mugshot from their websites without charge. Never pay these companies money to remove your record because it then encourages them to add your mug shot to their sister sites. Never pay these companies money to remove your record because it then encourages them to add your mug shot to their sister sites. 

Although you can attempt to seal or expunge your record without an attorney, hiring an experienced lawyer to help you through the process may save you time, money and frustration. We work hard to make sure the process is completed as quickly as possible.

In this age of modern technology, any person with a computer can go to the website for the clerk of court or sheriff's office where the arrest occurred. From those websites, anyone can simply type in your name to read embarrassing details of your arrest and see your mug shot.

Even more problematic, private data mining companies (like MugShots . com) will create a web page just for you showing your mug shot or arrest photo, criminal charges, and even a Google Maps photo of your house or arrest location. If you are eligible to seal or expunge your criminal record, this is one of the most important rights you have under Florida law.

Call 813-250-0500 today to discuss your case if you believe you are eligible to seal or expunge a criminal record in Florida.


The Process to Seal or Expunge the Arrest Record?

In order to protect your career and good name, it is critical that you begin the process to seal or expunge a criminal record as soon as possible. At the Sammis Law Firm, our attorneys will guide you through the process from the first day that you hire us until the process is complete. We fill out the paperwork, send it off to the appropriate agencies, prepare the petition and order for the judge's signature, and schedule any court hearing in front of the judge as quickly as possible.

We fill out the paperwork, send it off to the appropriate agencies, prepare the petition and order for the judge's signature, and schedule any court hearing in front of the judge as quickly as possible.

The only thing that you have to do is answer a few questions, sign the appropriate paperwork, and return the fingerprint card that we provide to you. The sooner you hire us, the sooner your criminal record will be sealed or expunged. Wondering if you are eligible?

Read the information below to determine whether you might be eligible. If you think that you are eligible, contact our office today by calling 813-250-0500 for a free consultation to talk directly with an attorney about the process of sealing or expunging your criminal record.

We represent clients who need to seal a criminal record or expunge a criminal record throughout the State of Florida including but not limited to the following counties: Hillsborough County, Pinellas County, Pasco County, Polk County, Hernando County, Manatee County, Sarasota County and Hernando County, Florida.


Need Another Reason to Seal or Expunge Your Arrest Record?

Starting the process to seal or expunge your Florida criminal arrest record is more important than ever now that many law enforcement agencies are making it even easier for the general public to perform on-line searches for old arrest records. For instance, before March of 2009, the website for the Hillsborough County Sheriff's Office published arrest information, including mugshots or booking photos, arrest charges, bond details, and other booking information for individuals arrested over only the past five years.

The Hillsborough County Sheriff's Office recently changed this policy and now publishes electronic arrest information and mug shots for all individuals arrested since January 1, 1995. Records from the clerk of court go back even further.

Other private companies now have the ability to download these on-line records into massive databases. Law enforcement agencies in Polk County, Pinellas County, Pasco County, and Hernando County, are also in the process of making this information more readily available on-line. Now more than ever, it is important to seal or expunge your criminal record to protect your good name and rid yourself of the consequences of an old arrest. If you are eligible today, why wait?


Fees and Costs - What we charge to seal or expunge a Florida criminal record?

We charge a flat rate to seal or expunge a criminal record of $950.00, which includes all of the costs in the case.

If you live in the Tampa Bay area you can come into our office to complete all the paperwork the same day that you retain us. The entire process takes about 45 minutes. If you live outside of the Tampa Bay area and would prefer to speak with the attorney by phone to complete the process, a phone consultation can be scheduled. We then mail you the paperwork and fingerprint card the same day so that you can sign and return your portion of the paperwork to our office.


Getting Rid of the Mugshot in Florida after a Seal or Expunge

In Florida, as in most states, the photograph customarily taken after an arrest is often referred to as a “mug shot.” A mug shot is a public record. “Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf...” FLA. CONST. art. I, s. 24.

Most county and municipal law enforcement agencies post the mug shot photographs on their websites. Many data mining companies will scour the public records in Florida and post the arrest booking photographs on their private websites. Publishing these photographs on the internet can cause many problems for the person arrest even if they are later exonerated of the charges.

Many potential employers will conduct an internet search of a potential employee. Unfortunately, the search engines, including Google, Bing, and Yahoo, often return the mug shot photo published by the data mining company as one of the top results. 

Private mug shot websites often keep these photographs online even if the person was found not guilty or the charges were dropped. Some these companies will remove the photograph and mug shot from their website for a fee which can be very expensive. Plus, the company will often remove the photo from one website but then add it to its sister websites. 

Recently, other states have addressed the problem in a variety of different ways. Some states have passed laws that say public records cannot be used for commercial purposes. The State of Oregon recently passed a law requiring that a company remove the photograph upon request in instances where the individual can prove that the charges were dismissed or the individual was exonerated. The State of Virginia prohibits parties who disseminate or maintain criminal history information from soliciting, requesting, or accepting compensation for removing the information.

Florida law does not impose civil or criminal penalties on entities that publish mug shots of individuals. Nevertheless, several statutes that create civil remedies for similar behavior. Florida Statute Section 540.08, prohibits a person from publishing, printing, displaying or otherwise publicly using for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without express, written or oral consent.

Contact a criminal defense attorney who can help you seal or expunge your record and contact the data mining companies to request that your mugshot and personal information is removed from their website. 


Additional Resources:

Expungement and Sealing Unit (ESU) of Hillsborough County - Visit the Clerk of the Circuit Court website to learn more about the process to seal or expunge your criminal history record(s). After we receive your Certificate of Eligibility from the FDLE, the completed forms are submitted to the Expungement and Sealing Unit (ESU) of the Clerk of the Circuit Court along with all monies due.  For felony, misdemeanor and traffic cases the paperwork and payment is delivered in person to the ESU (Room 101) in the George Edgecomb Courthouse at 800 East Twiggs Street or by US mail to P.O. Box 1110, Tampa, FL 33601-1110.  A copy of the petition must also be delivered to the Office of the State Attorney for the Thirteenth Judicial Circuit in Tampa, FL, and the arresting agency.

Florida Statute 943.0585 on Court-ordered Expunction of Criminal History Records in Florida — Visit the website of the Florida legislature to read Florida Statute 943.0585. Find information on the criminal procedures to for the sealing or expunction of a criminal record to hide any documents related to the arrest, investigation, prosecution or final disposition of the case. 


An Overview:

· The Benefits of Having Your Florida Criminal Record Sealed or Expunged
· Eligibility to Seal or Expunge Your Florida Criminal Record
· Requirements to Expunge Your Florida Arrest Record
· Requirements to Seal Your Arrest Record
· List of Ineligible / Disqualifying Offenses
· Conclusion


What is the benefit of having my Florida criminal record sealed or expunged?

Circuit and County Courts in Florida have continuing jurisdiction over criminal records which allows those courts to seal or expunge Florida criminal history information maintained by the court system and records maintained by Florida law enforcement agencies.

  • Expunge - If your Florida record is expunged, then the records from the court and most records maintained by law enforcement will by physically destroyed, although a copy of the file will remain with the Florida Department of Law Enforcement ("FDLE").

  • Seal - If your Florida record is sealed, then it remains confidential and the public will not have access to the record through any government databases. However, certain government entities, including the police, have certain legal rights to access criminal records that are sealed under certain conditions. If your Florida record is expunged, those same government entities that would have access to a sealed record would be told that a record was "expunged" but would not have access to the contents of the record maintained by the Florida Department of Law Enforcement ("FDLE") without a court order.

In either case, employers will not have access to the information through a background check.


When Will I Have to Disclose that my Record was Sealed or Expunged?

Job applications typically ask if you have been arrested or entered a plea to a criminal offense. Florida law generally allows you to legally deny or fail to acknowledge an arrest that was sealed or expunged with a few exceptions. Under the exception to this general rule, you can not deny or fail to acknowledge an arrest under one of the following circumstances:

  1. If you are applying to change your immigration status;
  2. If you are a defendant facing a pending charge;
  3. If you are applying for employment with a criminal justice agency;
  4. If you are applying for employment with the Department of Children and Family Services, the Department of Juvenile Justice, the Department of Education, any school board, any university laboratory school, and charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
  5. If you are applying for employment or use by such contractor or licensee in a sensitive position having direct contact with children, the developmentally disabled, the aged, or the elderly;
  6. If you are applying for employment or access to a seaport;
  7. If you are applying for admission to the Florida Bar; or
  8. If you are petitioning to seal or expunge a criminal record.

Hire a Tampa Florida Seal and Expunge Attorney to assist you with your case. The first step is obtaining a certificate of eligibility for expunction or sealing from the Florida Department of Law Enforcement. After your criminal defense attorney obtains your certificate of eligibility, your lawyer will file a petition in the court that originally had jurisdiction over your case which states the grounds upon which the request is made and the official records which should be sealed or expunged.

For example, if you were arrested on a warrant in Pinellas County, for an offense that allegedly occurred in Hillsborough County, and you are a life-long resident of Polk County, then your petition to seal or expunge your Florida criminal record would be filed in Hillsborough County, Florida, because that is the county that originally had jurisdiction over your criminal offense.

The petition must be supported by an affidavit which states the facts that support the petition, and the Florida statutory grounds. A copy of your certificate of eligibility will also be filed. The petition and affidavit will be served on the State Attorney's Office in the division where the petition will be heard, the law enforcement agency that made the arrest, and the Florida Department of Law Enforcement. The prosecutor or the law enforcement agency has the right to respond to the petition.

If a hearing in court before the judge is required, it is important to have an attorney experienced in expunge and seal cases to represent you so that the chances can be minimized that your petition will be denied by the court. You do not have an absolute right to have your records sealed or expunged even if you are eligible. Although rare, the court could deny the motion even if the prosecutor or law enforcement agency that made the arrest has no objection.

If your request is denied, you can appeal the denial by showing that the court abused its discretion in denying the petition, although showing an abuse of discretion is difficult. Therefore, it is important to hire an attorney to go over your underlying offense, find mitigating factors, talk with the prosecutor beforehand to ask them not to object or to provide the prosecutor with enough information to try and convince them not to object, and outline all of the reasons to the court that the petition to seal or expunge the criminal record should be granted.

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Am I Eligible to Seal or Expunge My Record?

If you can honestly answer "no" to each of these questions, then you are probably eligible to have your Florida record sealed or expunged. However, If the answer is "yes" to any one of these questions, then you are probably not eligible to have your Florida record sealed or expunged.

  1. Have you ever been convicted of any crime anywhere in the United States for any offense, including a felony offense, a misdemeanor, or a criminal ordinance violation?
  2. As a juvenile, were you ever "adjudicated delinquent" of a criminal charge?
  3. Has an adult criminal record ever been previously sealed or expunged?
  4. Are you currently under any type of court ordered supervision or diversion program, such a MIP, PTI, probation or community control?
  5. If you entered a plea and the court withheld adjudication, is the offense you are seeking to seal on this list of disqualifying offenses?

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Requirements to Expunge Your Record

If your case was resolved without a plea then you may be eligible to have your Florida record expunged. A case can be resolved without a plea if the court dismisses the charge, no information or formal charges were filed by the State Attorney's Office, or the prosecutor filed charges but then dropped them (entered a nolle prosequi or nol pross).

If your Florida record is expunged, then the public does not generally have access to any records of the arrest or prosecution. Only those agencies that would otherwise have access to a sealed record would be advised of the fact that the record had been expunged, however, the contents of the record would not be released without a court order. Instead, the agency would only receive a statement that a "Criminal Information has been Expunged from this Record."

Administrative Order S-2014-057 for Criminal Justice Division Procedures in the Thirteenth Judicial Circuit for Hillsborough County, FL, became effective on January 1, 2015. The administrative order provides in Section 33 that for Sealing or Expunging Criminal Records:

All petitions and orders to expunge or seal criminal records will substantially comply with forms set forth in Florida Rule of Criminal Procedure 3.989. If a felony criminal report affidavit is reduced to a misdemeanor and filed in the county court, that affidavit will also be sealed or expunged by the clerk and law enforcement agencies upon the entry of an order sealing or expunging the misdemeanor case which states both case numbers. See also Administrative Order S-2008-146 or any successor administrative order for further information on expunction or sealing of criminal history records.

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Requirements to Seal Your Record

If the court withheld adjudication after you entered a plea of guilty or no contest and you have no other convictions for any criminal offense, then you may be eligible to have your Florida record sealed. Certain offenses are not eligible to be sealed in Florida.

After a criminal record is sealed in Florida, the public will not have access to the record. After the record has been sealed for 10 years, it will then become eligible for expunction.

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List of Ineligible or Disqualifying Offenses

If you entered a plea and were sentenced to any of the following offenses, even if the court withheld adjudication, you are not eligible to have your Florida record sealed (but if the case was dismissed prior to trial, you may still be eligible to have your record expunged even if the offense is on this list):

  • §794 - Sexual Battery;
  • §393.135 - Sexual misconduct with developmentally disabled person;
  • §394.4593 - Sexual misconduct with the mentally ill person;
  • §787.025 - Luring or enticing a child;
  • §796.03 - Procuring person under age 18 for prostitution;
  • §810.14 - Voyeurism;
  • §817.034 - Scheme to Defraud;
  • §800.04 - Lewd or lascivious act committed on or in presence of child under 16;
  • §825.1025 - Lewd or Lascivious act committed on or in presence of elderly or disabled person;
  • §827.071 - Sexual performance by a child;
  • §839 - Offenses by public employees or officials;
  • §847.0133 - Delivery of obscene material to a minor;
  • §847.0135 - Computer pornography and traveling to meet a child;
  • §847.0145 - Selling or buying of minors for purposes of pornography;
  • §893.135 - Trafficking in a controlled substance; including trafficking in cannabis;
  • §916.1075 - Sexual misconduct with mentally deficient of mentally ill;
  • §907.041 - Additionally, the following enumerated offenses are not eligible to be sealed after a plea is entered:

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Rules to Seal or Expunge a Juvenile Record

Under certain circumstances, juvenile arrest records are sealed or expunged automatically or by operation of the law, without any petition or request being filed by the person with the juvenile record. In those cases, the sealing or expunction of those records are not classified as a prior seal or expunge for purposes of later having an adult record sealed or expunged.

Additionally, if a juvenile enters a juvenile diversion program in exchange for having the charges dropped after the successful completion of the diversion program, then the expunction of those records do not count as a prior seal or expunge which would make an individual ineligible for for a judicial sealing or expunction pursuant to Florida Statutes Section 943.059 or 943.0585. Contact a Juvenile Defense Attorney in Tampa for more information about sealing or expunging a juvenile record in Florida.

Juvenile records are normally retained by the Criminal Justice Information Program (CJIP) until the offender's 24th birthday, at which time the juvenile record will be expunged automatically unless one of the following exceptions apply:

  • Forcible Felony Exception - If a person over the age of 17 is charged with or convicted of any forcible felony before the juvenile record has been automatically sealed or expunged, then the individual's juvenile record will be merged with the adult record.
  • Adjudication as an Adult for a Forcible Felony Exception - At any time, if the minor child is adjudicated as an adult for a forcible felony, then the juvenile's criminal record that existed prior to the adjudication as an adult will be merged with the record for adjudication as an adult.
  • Serious Juvenile Record Exception - Under Florida Statute Section 943.0515(1)(a), the Criminal Justice Information Program (CJIP) will keep the juvenile records until the offender's 26th birthday if the juvenile is classified as one of the following:
      1. Habitual juvenile offender;
      2. Serious juvenile offender;
      3. Committed to a juvenile correctional facility; or
      4. Committed to a juvenile prison for five (5) years after the offender's 21st birthday.
  • Adjudication Delinquent for Any Juvenile Offense - Regardless of any of the provisions above, if the juvenile is adjudicated delinquent for any offense, then the juvenile records shall be maintained. Those juvenile records then become ineligible to ever be sealed or expunged and are merged with the individual's adult record. Additionally, the individual also becomes ineligible to seal or expunge any other adult criminal record if the individual had ever been adjudicated delinquent in any juvenile case.

Read more about the process to seal or expunge a juvenile record in Tampa, FL.

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At the Sammis Law Firm, we help clients Seal or Expunge their criminal record throughout Central Florida, including:

Hillsborough County, FL - Seal or Expunge a record at the courthouse in Tampa or Plant City after an arrest in Apollo Beach, Balm, Bloomingdale, Brandon, Carrollwood Village, Dover, Gibsonton, Lithia, Lutz, Mango, Orient Park, Riverview, Ruskin, Seffner, Sun City Center, Temple Terrace, Thonotosassa, Valrico, Wimauma, and Ybor City.

Pasco County, FL- Seal or Expunge a Criminal Arrest Record at the courthouse in New Port Richey or Dade City after an arrest in Bayonet Point, Beacon Point, Elfers, Gulf Harbors, Holiday, Hudson, Lacoochee, Land O' Lakes, Odessa, Port Richey, San Antonio, Shady Hills, St. Leo, Trinity, Wesley Chapel, and Zephyrhills.

Pinellas County, FL - Expunction or Sealing of an arrest record or mug shot at the courthouse in St. Petersburg or Clearwater after an arrest in Bay Pines, Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Crystal Beach, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Palm Harbor, Pass-A-Grille Beach, Pinellas Park, Redington Beach, Redington Shores, Safety Harbor, Seminole, South Pasadena, St. Pete Beach, Sunset Beach, Tarpon Springs, Tierra Verde, Treasure Island, and Ozona.

Polk County, FL - Filing to seal or expunge a police record in at the courthouse in Bartow or Lakeland after an arrest in Auburndale, Bartow, Davenport, Dundee, Eagle Lake, Fedhaven, Fort Meade, Frostproof, Haines City, Highland Park, Hillcrest Heights, Indian Lake Estates, Lake Alfred, Lake Hamilton, Lake Wales, Mulberry, Nalcrest, Polk City, Providence, and Winter Haven.

Hernando County, FL - Sealing or expunging a record in Brooksville, Herrnando Beach, Masaryktown, Ridge Manor, Spring Hill, and Weeki Wachee.

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How Do I Get a Copy of My Sealed / Expunged Record?

What happens if you want a copy of your record after it has been sealed or expunged? Under Florida Statute, 943.0585(4), a court order is required to access expunged criminal history information:

A criminal history record ordered expunged that is retained by the department is confidential and exempt from the provisions of s/ 119.07(1) and s. 24(a), Art. I of the State Constitution and not available to any person or entity except upon order of a court of competent jurisdiction.

You can request a personal review of your Florida criminal history by submitting your fingerprints to the Quality Control Section. A personal review will allow you to see what information FDLE has on file for you. If the record is expunged you will receive documentation stating that a record was expunged per Florida Statute but it will not give you any details about any facts related to the arrest. If you choose to request a personal review you will submit the request to FDLE, Attention: Quality Control Section, PO Box 1489, Tallahassee, Florida 32302.

If your record is being sealed or expunged, you many want to obtain a copy of the entire record prior to the order to seal or expunge being signed. 


How Do I Unseal a Sealed Record or at leave get a copy of documents in my sealed file?

ADMINISTRATIVE ORDER PA/PI-CIR-96-95 S0696095 for both Pasco County and Pinellas County explains the procedures to request documents from a sealed criminal file pursuant to 943.059 (4)(a), Florida Statutes. The administrative order was signed by the Chief Judge in the courthouse chambers in St. Petersburg on the 26th day of November, 1996.

Any criminal court file sealed pursuant to court order issued in conformity with Section 943.059, Florida Statutes, is generally confidential and is exempt from the provisions of Article 1, Section 24(a) of the State Constitution and Section 119.07(1), Florida Statutes.

The only exception to this general rule is that under Section 943.059(4)(a), Florida Statutes, the clerk is authorized to release documents from sealed criminal files to certain persons, Criminal Justice agencies and other entities. The Clerk of the Circuit Court, without the necessity of further court order, shall handle all requests directly and process such requests.

Upon request of the defendant or the defendant's attorney, the Clerk of the Circuit Court shall allow access to the requested documents from the sealed files upon personal appearance with a valid picture identification, or upon receipt of a written sworn and notarized request.

Upon the request of Criminal Justice agencies as defined in Section 943.045(1), Florida Statutes; and those entities set forth in Sections 943.059(4)(a)1., 4., 5. and 6., Florida Statutes, for their respective licensing and employment purposes, the Clerk of the Circuit Court shall allow access to the requested documents upon receipt of a sworn statement from a duly authorized representative of such agency or entity. Copies shall be provided only upon payment of costs as authorized by law.


Getting Rid of the Mug Shot after a Seal or Expunge in Florida

In Florida, as in most states, the photograph customarily taken after an arrest is often referred to as a “mugshot.” A mugshot is a public record. “Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf...” FLA. CONST. art. I, s. 24.

Most county and municipal law enforcement agencies post the mug shot photographs on their websites. Many data mining companies will scour the public records in Florida and post the arrest booking photographs on their private websites. Publishing these photographs on the internet can cause many problems for the person arrest even if they are later exonerated of the charges. Many potential employers will conduct an internet search of a potential employee.

Unfortunately, the search engines, including Google, Bing, and Yahoo, often return the mug shot photo published by the data mining company as one of the top results. 

Private mug shot websites often keep these photographs online even if the person was found not guilty or the charges were dropped. Some these companies will remove the photograph and mug shot from their website for a fee which can be very expensive. Plus, the company will often remove the photo from one website but then add it to its sister websites. 

Recently, other states have addressed the problem in a variety of different ways. Some states have passed laws that say public records cannot be used for commercial purposes. The State of Oregon recently passed a law requiring that a company remove the photograph upon request in instances where the individual can prove that the charges were dismissed or the individual was exonerated. The State of Virginia prohibits parties who disseminate or maintain criminal history information from soliciting, requesting, or accepting compensation for removing the information.

Florida law does not impose civil or criminal penalties on entities that publish mug shots of individuals. Nevertheless, several statutes that create civil remedies for similar behavior. Florida Statute Section 540.08, prohibits a person from publishing, printing, displaying or otherwise publicly using for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without either express, written or oral consent.

The victim may bring an action to enjoin the unauthorized use, and to recover damages for any loss or injury. Although a person may bring a civil suit alleging invasion of privacy, this cause of action would generally not apply in cases where the publication at issue was a public record.


The FDLE Denial Letter

Dear Mr./Ms. ____________,

The Florida Department of Law Enforcement (FDLE) has received your (or your client’s) application for Certificate of Eligibility in accordance with sections 943.0585 or 943.059, Florida Statutes. A Certificate of Eligibility will not be granted for one or more of the following reason(s):

( ) The criminal history record, from Florida or another jurisdiction, reflects one or more adjudications of guilt for a criminal offense or comparable ordinance violation; or one or more adjudications of delinquency for committing any misdemeanor specified in Section 943.051, or any felony.

( ) The criminal history record reflects an adjudication of guilt or an adjudication of delinquency for committing one or more of the acts stemming from the arrest or alleged criminal activity to which the application pertains.

( ) The criminal history record reflects the existence of a prior expunction or sealing of a criminal history record under s.943.0585, s. 943.059, former s. 893.14, former s. 901.33, formers. 943.058.

( ) The criminal history record to which the application pertains relates to a violation of s.393.135, s.394.4593, s.787.025, chapter 794, s.796.03, s.800.04, s.810.14,s.817.034, s.825.1025, s.827.071, chapter 839, s.847.0133, s.847.0135,s.847.0145, s.893.135, s.916.1075 a violation enumerated in s.907.041, or a violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, without regard to whether that the offense alone is sufficient to require such registration, or for registration as a sexual offender pursuant to s. 943.0435., which may not be sealed or expunged, without regard to whether adjudication was withheld., if the defendant was found guilty of or pled guilty or nolo contendere to the offense, or if the defendant, as a minor, was found to have committed or pled guilty or nolo contendere to committing the offense as a delinquent act.

Your application for certification of eligibility to expunge or seal your criminal history record was denied for the reason(s) stated in this letter. If you or your attorney determine that this basis for denial could possibly be negated, by seeking a court order or modifying the disposition of a criminal charge to remove the disqualifications it imposes, you should be aware that the criminal history record may disclose other criminal charge or charges for which disposition information has not been reported.

If you intend to pursue eliminating or remedying the state reason(s) for the denial of your application for certificate of eligibility, you should be aware that the disposition information missing from your record, if it is available, could result in the denial of your application on grounds completely separate and distinct from those listed in this letter.

If you believe that the denial of the application for a Certificate of Eligibility is in error, you may ask to have the denial reviewed. If the denial is based on the information in the applicant’s history record which you believe to be in error or incomplete, the procedure for review and correcting the record is given in Rule 11C-8.001, Florida Administrative Code.

If you agree that the application’s criminal history record is correct, but believe that the law has been incorrectly applied or interpreted in this case, the appeal procedure is given below.

To appeal a denial of Certification of Eligibility, file a motion or petition in the trial court in which the petition to expunge or seal would be filed, asking that court to review the Department’s denial of the application. The motion or petition should be filed in the trial court within thirty (30) days of issuance of this letter. See Rowell v. State, 700 So. 2d 1242, 1243-1244 (Fla 2d DCA 1997).

A copy of the motion or petition should be served on the Office of General Counsel, Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, Florida, 32302-1489. If you have any questions, please contact the Expunge Section at (850) 410-7870. Filed with the Clerk of the Florida Department of Law Enforcement.

This _______ day of _______________________, 20________.

__________________________________, Deputy Clerk.


Attorneys to Seal or Expunge a Criminal Record in Hillsborough County, FL

At the Sammis Law Firm, we understand that you need this process completed as quickly as possible. Call us today for a free consultation. We represent clients that want to seal or expunge a criminal record quickly throughout Florida.

If you need a lawyer to seal or expunge your criminal record, we can begin the process today. Call us at 813-250-0500 to discuss your case today.


This article was last updated by on Friday, February 2017.