Criminal Record Sealed or Expunged

by Anonymous from Florida

I have read the Florida statute chapter 943 and all its subcategories. Then I read on this website something that I am not sure if I understand. If a person is pleaded no contest and is adjudicated guilty, does this mean they can not have their record sealed or expunged?

I was released early from my sentence and have already gotten my rights restored.

This one thing being the only offense I have EVER had. My otherwise spotless record now shows me as having a felony drug charge.

I know you are not supposed to give legal advice, but this shouldn't fall in that category. I simply need someone to tell me if I am understanding what I have read. THANKING YOU in advance for your valuable time.

Answer to Florida Court Forms Question

Dear Anonymous,

The following is from the FAQ section of the Florida Department of Law Enforcement website.

This is where you can find most of the information your are looking for.

8. What charges may not be sealed?

A list of charges that may not be sealed when adjudication is withheld is included with the application package, and is also enumerated in s. 943.059, Florida Statutes. (The same listing is found in s. 943.0585, because the specified offenses may not be expunged either.)

In addition, if a person has been adjudicated guilty of any criminal offense in any jurisdiction (or adjudicated delinquent for any felony or for certain specified misdemeanors), whether or not related to the charge(s) that the person is applying for, the record is ineligible for sealing and the application will be denied.

9. What charges may be expunged?

The same eligibility requirements which apply to sealing also apply to expunction, with certain additional requirements.

Any charge, which resulted in a withholding of adjudication or in an acquittal (not guilty verdict) after trial, may not be expunged unless and until it has first been sealed for at least 10 years. See s. 943.0585(2)(h), Florida Statutes.

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.

So, from my understanding and reading this carefully, since you were adjudicated guilty of a felony you cannot expunge or seal your record. I am sorry, but Florida is very unforgiving.

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