Background Records Sealing: Clear Your Criminal Background for Background Checks

EXPUNGEMENT/SEALING GUIDELINES

A DUI conviction cannot be sealed or expunged and will remain on your permanent record forever. That is why it is imperative to consult with an established law firm that is experienced in DUI litigation. A DUI conviction can cause you to lose positions of employment and result in a permanent blemish on your record. At OHLE & OHLE, Attorneys at Law, our DUI Team will strive to have your charges dismissed or reduced and avoid a DUI conviction on your record.

Pursuant to Sections s. 943.0585 and s. 943.059, Florida Statutes, a Certificate of Eligibility or seal of a criminal history record cannot be issued under any of the following circumstances:

The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.

The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity.

The criminal history record reflects that you have received a prior record sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state.

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.810.04, s.817.034, s. 825.1025, s. 827.071, chapter 839, s847.0133, s.847.0135, s. 847.0145, s.893.135, s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld).

The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction.

The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed.

(For Expunction only) The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, if no other disqualification applies, the record would be eligible to be sealed.

PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is ineligible for the sealing or expunging of the person’s criminal history.

RECORDS SEALING / EXPUNGEMENTS



EXPUNGEMENT/SEALING GUIDELINES A DUI conviction cannot be sealed or expunged and will remain on your permanent record forever. That is why it is imperative to consult with an established law firm that is experienced in DUI litigation. A DUI conviction can cause you to lose positions of employment and result in a permanent blemish on your record. At OHLE & OHLE, Attorneys at Law, our DUI Team will strive to have your charges dismissed or reduced and avoid a DUI conviction on your record. Pursuant to Sections s. 943.0585 and s. 943.059, Florida Statutes, a Certificate of Eligibility or seal of a criminal history record cannot be issued under any of the following circumstances: The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked. The criminal history record reflects that you have been adjudicated guilty of or adjudicated delinquent for committing one or more of the acts stemming from the arrest or alleged criminal activity. The criminal history record reflects that you have received a prior record sealing or expunction of a criminal history record under s.943.0585, s.943.059, former s 893.14, former s. 901.33, former s. 943.058, or from any jurisdiction outside the state. 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.810.04, s.817.034, s. 825.1025, s. 827.071, chapter 839, s847.0133, s.847.0135, s. 847.0145, s.893.135, s.916.1075, a violation enumerated in s.907.041, or a violation of any offense qualifying for registration as a sexual predator under s.775.21 or for registration as a sexual offender under s.943.0435, Fla. Stat., with a finding of guilt, or a plea or guilty or nolo contendre (without regard to whether adjudication was withheld). The criminal history record reflects that you have another petition to seal or expunge pending before a court of competent jurisdiction. The criminal history record reflects that the court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains has not been completed. (For Expunction only) The criminal history record reflects that some or all of the charges related to the arrest or criminal activity to which the application pertains were not dismissed prior to trial, adjudication, or the withholding of adjudication, if no other disqualification applies, the record would be eligible to be sealed. PLEASE NOTE: The Governor and Cabinet of Florida, acting in the capacity of the Board of Executive Clemency, declared June 10, 1999, that the granting of a full pardon does not remove any condition of ineligibility for sealing or expunging a criminal history record which would otherwise be imposed by a conviction or withholding of adjudication pursuant to sections 943.0585 and 943.059, Florida Statutes, and, acting in the capacity of agency head of the Department of Law Enforcement, the Board directed FDLE to deny a Certificate of Eligibility to any person receiving a pardon who is ineligible for the sealing or expunging of the person’s criminal history.


DO I QUALIFY? You qualify for a record sealing if . . . 1. You never sealed/expunged a record before. 2. You are not currently under court supervision (probation, community control) 3. You did not receive a withhold of adjudication of finding of guilt to the crimes listed in the limitations section. 4. You have not been adjudicated guilty of a misdemeanor, felony or municipal ordinance violation.

*** * * * * VIDEO NEWS ALERT! * * * * ***
Watch an Important Video Message from Michael Ohle: Regarding Criminal Background Sealing. Contact our offices at: ohlelaw@cleartherecord.com or Call us at: (772) 460-9801


LIMITATIONS: You must reveal your record, regardless of a sealing or expungement in the following situations:
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CRIMES THAT CANNOT BE SEALED OR EXPUNGED (if you entered a guilty plea or found guilty at trial) INCLUDE: 1. F.S. 827.071 - Sexual performance by a child. 2. F.S. 825.1025 - Lewd or lascivious offenses committed upon or in the presence of a minor or disabled adult. 3. F.S. 787.025 - Luring or enticing a child. 4. Chapter 794 - Sexual battery. 5. F.S. 796.03 - Procuring person under 18 for prostitution. 6. F.S. 817.034 - Violations of the Florida communications act. 7. F.S. 800.04 - Lewd or lascivious offenses committed upon or in the presence of a minor less than 16 years of age. 8. F.S. 847.0135 - Computer pornography. 9. F.S. 839. - Offenses by public officers and employees. 10. F.S. 893.135 - Drug trafficking (not mere possession) 11. F.S. 806.01 - Arson. 12. F.S. 790.001 - Illegal use of explosives. 13. Kidnapping. 14. Murder. 15. F.S. 782.07 - Manslaughter. 16. F.S. 907.041 - Violations of pretrial, detention or release. 17. F.S. 810.02 - Burglary. 18. F.S. 741.28 - Violence. 19. Most sex crimes.


LEGAL TERMS DEFINED:

Adjudicated/Adjudication: You were either found guilty by the court or plead guilty to the court. * As far as sealing/expungement is concerned you are ineligible. * Under these circumstances you may be eligible for a federal or state pardon of your offense. Withhold/Withhold of Adjudication: You were not convicted of the offense by the court. You may be eligible for sealing if your crime is not listed in the limitations section. Dismissal: The court or state attorney dismissed your case. You may be eligible to expunge your offense. Nolle Prosse: The state attorney dropped your charged offenses. You may be able to expunge your offense. Not Guilty: Congratulations. You may expunge your record.