You lost your civil rights (right to vote, right to sit on a jury, right to hold public office), and the ability to apply for certain state-issued occupational licenses if 1) you have a federal or state felony conviction and you were a resident of the State of Florida when the offense and conviction occurred or 2) you have federal or out-of-state felony conviction and your rights have not been restored before you became a Florida resident. (F.S. 944.292; F.S. 455.213).
You are eligible to apply for restoration of your civil rights if (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, imprisonment, parole, probation, community control, control release, and conditional release; (2) you have paid all restitution pursuant to a court order or civil judgment and obligations; and (3) you have no outstanding detainers or pending criminal charges. However, the waiting period varies depending on your offense and a hearing may be required. (Fla. R. Exec. Clemency 5(E), 9-10).
On March 9, 2011, the Florida Board of Executive Clemency adopted new Rules of Executive Clemency. (Fla. R. Exec. Clemency 19). Under these new rules, there are now two categories of approval for restoration of civil rights depending on the nature of the felony conviction. (Fla. R. Exec. Clemency 5(E)). The first category provides for review and approval without a hearing for those convicted of less serious offenses. To be eligible, you must be crime and arrest free for five years from the date of completion of all sentences and conditions of supervision. (Fla. R. Exec. Clemency 9). The second category includes an investigation and hearing for those convicted of more serious offenses and requires a seven-year, crime and arrest free waiting period. ((Fla. R. Exec. Clemency 10).
If you were convicted of any of the following offenses then you are not eligible under the first category, so you are subject to the seven-year waiting period and hearing/investigation requirements of the second category: murder, attempted murder, attempted felony murder, manslaughter (F.S. Chapter782); DUI manslaughter, DUI Serious Bodily Injury (F.S. 316.193); leaving the Scene of Accident involving Injury or Death; sexual battery, attempted sexual battery, unlawful sexual activity with a minor, female genital mutilation (F.S. Chapter 794); any violation of F.S. Chapter 800; lewd or lascivious offense upon or in the presence of an elderly or disabled person, attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person (F.S. 825.1025); sexual performance by a child, attempted sexual performance by a child (F.S. 827.071); aggravated child abuse (F.S. 827.03) failure to register as a sexual predator (F.S. 775) or sexual offender ( F.S. 943.0435); computer pornography, transmission of computer pornography, or any crime involving a minor in violation of F.S. Chapter 847; kidnapping, attempted kidnapping, false imprisonment, or luring and enticing a child (F.S. Chapter 787); aggravated battery, attempted aggravated battery (F.S. 784.045), felony battery, domestic battery by strangulation (F.S. 784.041); robbery, carjacking, attempted carjacking, home invasion, attempted home invasion (F.S. Chapter 812); poisoning of food or water (F.S. 859.01); abuse of a dead human body (F.S. 872.06); burglary of a dwelling, first degree burglary, or attempted first degree burglary (F.S. 810.02); arson, attempted arson, or conspiracy to commit arson (F.S. 806.01); aggravated assault (F.S. 784.021); aggravated stalking (F.S. 784.048); aggravated battery, battery, or aggravated assault on a law enforcement officer or other specified officer (F.S. 784.07); u. trafficking or conspiracy to traffic in illegal substances (F.S. 893.135); all other first and second degree felonies described in F. S. Chapter 893; aircraft piracy (F.S. 860.16); unlawful throwing, placing, or discharging of a destructive device or bomb (F.S. 790.161); facilitating or furthering terrorism (F.S. 775.31); treason (F.S. 876.32); possession of a firearm by a convicted felon (F.S. 790.23) or possession of a firearm or ammunition by a violent career criminal (F.S. 790.235); bribery, misuse of public office (F.S. Chapter 838); extortion by officers of the state (F. S. 839.11); misappropriations of moneys by commissioners to make sales (F.S. 839.17); any crime committed by an elected official while in office; illegal use of explosives; RICO; exploitation of the elderly; public corruption; any felony violation of an election law; any crime designated a “dangerous crime” under F.S. 907.041; any offense committed in another jurisdiction that would be an offense listed in this paragraph if that offense had been committed in this State; or if you have been declared to be one of the following: Habitual Violent Felony Offender under F.S. 775.084(1)(b); Three-time Violent Felony Offender under F.S. 775.084(1)(c); Violent Career Criminal under F.S. 775.084; d. Prison Releasee Reoffender under F.S. 775.082(9)(a); Sexual Predator under F.S. 775.21.
If you have multiple felony convictions, your most serious offense will determine which level process you must complete. (Fla. R. Exec. Clemency 9(A)(4)).
Cases are denied for the following reasons: (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) you still owe fines or restitution, or (4) you are otherwise not eligible to apply.
No. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their civil rights have been restored.
No. There is no court involvement in an application to restore your civil rights.
The process can take several years because an investigation will be conducted and the Governor must approve the restoration of civil rights. The length of the process also depends on your individual circumstances.
If your case is denied under the first category without a hearing, you may immediately reapply under the second category for review with a hearing. (Fla. R. Exec. Clemency 9(B)). If your case is denied under the second category, you cannot reapply for at least two years from the date that the denial becomes final. (Fla. R. Exec. Clemency 14).
Unfortunately, we are unable to offer a money-back guarantee for our Florida civil rights restoration service, because the process involves a substantial amount of work and preparation and can sometimes require several appearances in court by our attorneys.
No. Applying for a civil rights restoration only restores the civil rights that you may have lost because of a conviction. If you have been convicted (adjudicated guilty) of a felony, then you are not eligible to seal or expunge your case under Florida law, regardless of whether civil rights have been restored.
The basic civil rights that are restored are: the right to vote, the right to serve on a jury, and the right to hold public office. In addition, restoration of civil rights may allow you to be considered for certain types of employment licenses. (See In re Florida Bd. of Bar Examiners, 341 So. 2d 503 (Fla. 1976); Lee v. Dep’t of Health & Rehabilitative Servs., 518 So. 2d 364 (Fla. Dist. Ct. App. 3d Dist. 1987)). The right to own, possess, or use firearms requires an application and there is a waiting period of eight years from the date sentence expired or supervision was terminated. (Fla. R. Exec. Clemency 5(D)).
Yes, when you restore your civil rights, the restoration has no effect on the conviction itself. The conviction does not go away, nor is it sealed or “expunged.” (R.J.L. v. State, 887 So. 2d 1268 (Fla. 2004)).
Yes. The conviction still remains even if all of your civil rights have been restored. (Randall v. Fla. Dep’t of Law Enforcement, 791 So. 2d 1238 (Fla. Dist. Ct. App. 1st Dist. 2001)).
Restoring your civil rights has no effect on the conviction itself.
Yes, this process can be used to restore voting rights if they have been lost.
Restoring your civil right(s) has no effect on the conviction itself.
No. To determine eligibility for restoration of the right to own a firearm, please see the section on Gun Rights Restoration.
In Florida, you may serve on a jury if you: 1) are a United States citizen, 2) are a legal resident of Florida, 3) are a legal resident in the county in which the court resides, 4) are at least eighteen years of age, 5) and are an owner of a valid Florida driver’s license or Florida identification card. Title V, Chapter 40.01
In addition, you must not be under prosecution for any crime, and you may not be convicted in this state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that, had the crime been committed in the state, would be a felony. If you have had your civil rights restored to you, then you may serve on a jury. Title V, Chapter 40.013
http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=DisplayStatute&Search_String=&URL=0900-0999/0943/Sections/0943.0585.html
http://www.leg.state.fl.us/statutes/index.cfm?Appmode=DisplayStatute&URL=0000-0099/0040/0040.html
No. (Fla. R. Exec. Clemency 4(I)(G)).
Yes. Due to a change in the law that went into effect on July 1, 2013, a prior sealing or expungement from a jurisdiction outside the state will no longer bar you from seeking an expungement in Florida. (F.S. 943.0585(1)(b)(3) and F.S. 943.059(1)(b)(3))
No, Florida expungement law only allows a person to seal or expunge one case. (F.S. 943.0585). If you have had a case sealed for ten years, you can expunge that same case but you cannot seal or expunge multiple cases. (F.S. 943.0585). However, if you have previously had a juvenile case expunged under FL statute 943.0582 then that previous expungement does not count and you prevent you from petitioning for expungement or sealing. (F.S. 943.0582).
Yes, as long as they relate to the same criminal episode and you were not convicted of any of the charges. (F.S. 943.0585 and F.S. 943.059)
If you are eligible for a sealing at this time, you cannot have the case expunged unless the case is sealed for ten years first. (F.S. 943.059). However, the relief that the two services offer, in terms of protection from the public viewing the record, is almost identical.
When you enter a plea, the judge can either adjudicate you guilty (if an adult), adjudicate you delinquent (if juvenile), or withhold adjudication. (F.S. 948.01; Fla. R. Crim. P. 3.670). Only charges that were either dropped or had adjudication withheld can be expunged or sealed. (F.S. 943.0585(1)(b)(2)).
In Florida, a defendant can be found guilty of an offense but not be convicted. When a judge withholds adjudication of guilt the defendant is not “convicted” although he or she is still found guilty of the offense. (State v. McFadden, 772 So. 2d 1209). Being “found guilty” and being “adjudicated guilty” or “adjudicated delinquent” are two separate things. (F.S. 943.045(1)).
Offenses that have adjudication withheld may be eligible for sealing. (F.S. 943.059). Offenses that were dropped or dismissed or nolle prosequi (nolle prossed) can be expunged. (F.S. 943.0585(2)(a)(2)). An offense that you have been convicted of (adjudicated guilty) cannot be sealed or expunged. (F.S. 943.0585(1)(b)(2); F.S. 943.059).
If it is denied, it is usually because the criminal history reflects: (1) the person has been convicted or adjudicated guilty of any felony or misdemeanor, (2) a prior sealing or expungement, (3) a pending petition to seal or expunge, (4) that some or all of the charges related to the arrest or case were not dismissed prior to trial, adjudication, or the withholding of adjudication, or (5) the judge can also deny a case due to the nature of the offense.
If you are convicted of an offense in a different case than the one you are trying to seal or expunge then you are not eligible to expunge or seal the offense that was dismissed or you received withholding of adjudication for. Also, even if that other case was a violation under the vehicle code, if it is a misdemeanor conviction then you are not able to expunge or seal the case that was dismissed or you received withholding of adjudication for. (F.S. 943.045(8)).
Typically, no because our attorneys attend for you. However, certain courts request the presence of the defendants. If the court requests your presence and you are unable to attend, then we will request for your presence to be excused.
Typically, most Florida criminal record expungement and sealing cases do not require a hearing. However, a few counties specific counties tend to hold hearings. Most of the time, if a hearing is held, the reason is because the case involves a serious offense or if the case is extremely recent.
Typically, the process takes six to nine months on average (Palm Beach, Broward, and Hillsborough counties are taking as much as twelve months or more) to seal or expunge a criminal record in Florida.
We base that estimate on how long the average case takes in Florida. Some cases, however, can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard. Record sealings typically take less time because they do not require the State’s Attorney to approve the request.
Additionally, if you have another case, we may have to obtain documents from the other case to demonstrate that you were not convicted. Adding another case may add around a month to the process in order to obtain the additional documentation from the other case. If time is a concern for you, then you can supply the case documents if you have them to our office so that we do not have to wait for the court to supply them.
The various state agencies and courts work on a first-come, first-served basis. We will work as quickly and efficiently as we can to get your case filed, but the sooner you get the process started, the sooner your case will be resolved. Once you sign up, we will happily write a letter to your employer or potential employer to let them know we are in the process of having your case sealed or expunged.
You will receive a court order sealing or expunging your records. Public criminal record databases and the FDLE will be updated to reflect your records were sealed or expunged. (F.S. 943.0585(3) and F.S. 943.059(3))
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we believe that an appeal of the decision will be beneficial then we will determine if that is what should occur next.
Please view the pricing section for details regarding the money-back guarantee and what we are able to offer for this specific service.
Under Florida law, an expunged or sealed criminal record is confidential and not subject to disclosure by any State or Federal agency that possesses the record. A criminal justice agency that possesses your criminal record is not allowed to say that you had a criminal record or that your record was sealed or expunged. Also, information regarding the criminal offense that was sealed or expunged is removed from the Criminal Justice Information System so that the information does not come up on any background checks. The only instance in which the Florida Department of Law Enforcement (FDLE) may reveal the existence of the record, but not the details of the record, is to the following parties if an individual is applying to them for employment or a professional license:
A criminal justice agency
The Department of Juvenile Justices, Department of Children and Family Services, Agency for Health Care Administration, Agency for Persons with Disabilities
A contractor or licensee dealing with children, the developmentally disabled, the aged, or elderly
The Department of Education, district school board, university laboratory school, charter school, private or parochial school, or local governmental entity that licenses child care facilities
The Florida Bar
The existence of an expunged or sealed record could also be disclosed if:
you are a defendant in a criminal prosecution
you are seeking authorization from a FL seaport for employment within or access to one or more of such seaports (F.S. 943.0585(4) and F.S. 943.059(4))
The main difference is public accessibility. Sealing does not require certain agencies to actually “destroy” their records whereas a court order expunging records does. Once sealed, the public will not have access to the person’s criminal record through criminal justice agencies (except for government officials). Both sealing and expunging a record removes the information from public criminal justice agency records. Both require that the information be made confidential. Expungement goes one step further and physically destroys the records of arrest. Once expunged, the only way for the public to access an expunged record would be through a court order. (F.S. 943.0585( 4) and F.S. 943.059(4)).
Yes. If you are ever prosecuted for a crime in the future, upon being asked you are legally required to disclose the arrest. (F.S. 943.0585(4) and F.S. 943.059(4))
Yes, under certain limited circumstances. These include (but are limited to) if you are (1) ever applying for employment with a criminal justice agency in Florida, (2) a defendant in a future criminal case, (3) in any future petitions for sealing or expungement, (4) applying for admission to the Florida Bar (to become a lawyer), (5) applying for employment or a license with the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice, or for any other position having direct contact with children, the developmentally disabled, or the elderly, (6) employment or licensing with an educational institution or school board, or (7) attempting to purchase a firearm. (F.S. 943.0585(4) and F.S. 943.059(4))
No. Both procedures remove all information regarding the sealed or expunged criminal justice agency’s record from the public view. A Florida court order is necessary before a court record can be unsealed after a sealing or expungement has taken place. (F.S. 943.0585(4) and F.S. 943.059(4))
Even though the sealed or expunged record in Florida is unavailable to the public (meaning it will not show up on any background checks) the Florida Department of Law Enforcement (FDLE) may reveal the existence of a sealed or expunged record, but not the details of the record, to the following parties if an individual is applying to them for employment or a professional license:
(F.S. 943.0585(4) and F.S. 943.059(4))
However, commercial background check companies may take up to one year to update their records to reflect the expungement. We can expedite the updating of commercial background checks companies and reduce the time it takes from about one year to less than 14 days.
No. Persons who have been convicted of a felony (which causes a loss of civil rights) are not eligible for a seal or expungement of their criminal history, regardless of restoring civil rights. (R.J.L. v. State, 887 So. 2d 1268 (Fla. 2004)).
If you are eligible for a sealing or expungement, then your voting rights have not been taken away and you can currently vote. (F.S. 944.292).
Since each case is unique, getting a case-by-case analysis tailored to your specific facts is imperative. To find out if your criminal case will impact your immigration case and whether a sealing or expungement could help you, contacting a qualified immigration attorney is the best thing you can do. Our in-house immigration attorney is available to answer questions at 714-617-8395.
Generally, if you are eligible for record sealing, then your gun rights have not taken away. However, under Florida Statute 790.065(2)(a)(3), an individual who has had adjudication of guilt withheld on any felony or misdemeanor crime of domestic violence is not eligible for the purchase of a firearm unless 3 years have elapsed since probation or any other conditions set by the court have been fulfilled or expunction has occurred.
In Florida, you may serve on a jury if you: 1) are a United States citizen, 2) are a legal resident of Florida, 3) are a legal resident in the county in which the court resides, 4) are at least eighteen years of age, 5) and are an owner of a valid Florida driver’s license or Florida identification card. Title V, Chapter 40.01
In addition, you must not be under prosecution for any crime, and you may not be convicted in this state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that, had the crime been committed in the state, would be a felony. If you have had your civil rights restored to you, then you may serve on a jury. Title V, Chapter 40.013
http://www.leg.state.fl.us/Statutes/index.cfm?Appmode=DisplayStatute&Search_String=&URL=0900-0999/0943/Sections/0943.0585.html
http://www.leg.state.fl.us/statutes/index.cfm?Appmode=DisplayStatute&URL=0000-0099/0040/0040.html
Seeking Employment After Your Case is Sealed or Expunged
No. After your Florida case is sealed or expunged, the public cannot view the case. (F.S. 943.0585(4) and F.S. 943.059(4))
The court updates their records within 48 hours and the agencies have up to 60 days to update their records. However, the agencies typically update their records before the 60 days expire.
Once the court grants the case, the clerk of the court sends certified copies of the order to the prosecuting attorney, arresting agency, and any agency to which the court disseminated the criminal history information. The arresting agency then sends the order to any other agency to which the arresting agency disseminated the criminal history information. Additionally, the Florida Department of Law Enforcement forwards the order to seal or expunge to the FBI. (F.S. 943.0585(3) and F.S. 943.059(3))
Expunging and/or sealing does not influence your driving record; however, that record, unlike your criminal history, only lasts for a certain period of time and the record will disappear after that period of time. (F.S. 322.20; Dep’t of Highway Safety & Motor Vehicles v. Rigau, 901 So. 2d 339 (Fla. Dist. Ct. App. 2d Dist. 2005)).
While certain agencies will be able to see the record, the FL expungement or sealing will increase your chances of being hired, because they will see that a judge has granted that relief.
Section 19 of the Federal Deposit Insurance Act (FDIA) allows banks and other financial institutions to bar prospective and current employees who have had “Breach of Trust” or “Dishonesty” convictions from jobs that they are otherwise qualified for even if they had the conviction expunged.
Whether a crime involves dishonesty or breach of trust will be determined from the statutory elements of the crime itself. All convictions for offenses concerning the illegal manufacture, sale, distribution of or trafficking in controlled substances are included. Other offenses can include but is not limited to the following: petty theft, grand theft, insufficient checks, burglary, possession of drugs for distribution or sales, embezzlement, fraud, fraud to obtain aid or benefits and money laundering.
If you believe you have a “breach of trust” or “dishonesty” conviction and were denied a position or were terminated from a financial institution because of that offense, there still is another way to obtain that job: with a waiver from the Federal Deposit Insurance Corporation (FDIC). It is important to speak with an attorney about your specific circumstances to see if you would qualify for such a waiver from the FDIC.
The right to own, possess, or use firearms requires an application and you must meet the following requirements: (1) you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release, for a period of no less than 8 years; (2) you do not have any outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction; (3) you do not have any outstanding victim restitution, including, but not limited to, restitution pursuant to a court order or civil judgment or obligations. (Rule 5D of Executive Clemency of Florida).
If you were convicted in a federal, military, or out-of-state court, you are not eligible to apply. (Rule 5D of Executive Clemency of Florida).
No. On March 9, 2011, Governor Rick Scott and the Board of Executive Clemency approved new clemency rules removing the time period waivers.
There is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of a misdemeanor for domestic violence as defined by the federal law. The federal definition is different from Florida’s definition. If you would like us to evaluate your case to determine if the federal ban will apply against you, then we can do so for a small researching fee, which will be applied to the cost of the firearm rights restoration if you move forward with the service after the evaluation.
If you have multiple felony convictions, the eight (8) year waiting period begins after you have completed all sentences imposed and all conditions of supervision have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release. (Rule 5D of Executive Clemency of Florida).
Cases are denied for different reasons, including: (1) an inaccuracy in the court or police records, (2) an inaccuracy in the application, (3) you still owe fines or restitution, (4) the waiting period has not passed, or (5) you are otherwise not eligible to apply.
No. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal record under Florida law, regardless of whether their firearm rights have been restored.
No. There is no court involvement in an application to restore your firearm right(s).
The process can take many years (approximately nine) and it is at the discretion of the Clemency Board as to when they will restore your firearm rights. As of September of 2014, the Board is reviewing applications filed in 2005.
If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. That can include refiling or recommending that you wait longer to refile.
No. A Florida firearm rights restoration only restores firearm rights that have been lost because of a conviction. Persons who have been convicted (adjudicated guilty) of a felony are not eligible to seal or expunge their criminal history under Florida law, regardless of whether their firearm rights have been restored. (Rule 5D of Executive Clemency of Florida, F.S. 943.0585 and 943.059)
The firearm rights restoration has no effect on the conviction itself. The conviction can still be used against you for a future case and the conviction is not “sealed” or “expunged.”
Yes. After the gun rights restoration is granted, the conviction will still remain on your record and you will still have to disclose it.
Restoring your firearm right(s) has no effect on restoration of your civil rights. To determine eligibility for restoration of your civil rights, please see the section on Civil Rights Restoration.
Restoring your firearm rights has no effect on the conviction itself.