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Sealed or expunged record is still showing up on the internet.

If I have had my record sealed or expunged but my record is still showing up on the internet, what can I do? A seal or expungement order cannot eliminate all information about someone’s arrest and criminal history record from the Internet.  For example, “mugshot” photographs and arrest information maintained on privately operated websites are not subject to an expungement order.  Private companies collect information from a variety of online sources, governmental and commercial. FDLE does not have regulatory authority over these companies, so we cannot request or demand any private entity to change or delete the information it provides, whether such information was obtained from the Department, prior to the court-ordered sealing or expungement, or obtained from other sources.  You will need to contact the private entity or entities directly to request any changes or adjustments to their records.  Some entities which collect criminal history informa...

Can I seal a domestic violence battery charge in Florida?

An act of domestic violence, as defined in s. 741.28 CAN NOT be sealed if you take a plea to the charge even if adjudication is withheld. Florida statute 741.28 is listed below. So, if you are charged with domestic violence the only way to later remove that charge from your record is if the charges are dismissed, dropped, or you are found not guilty.  You may also be able to seal a charge originally charged as domestic violence if you end up taking a plea and getting a withhold of adjudication to an offense that is not domestic violence related. For example, you are charged with domestic violence battery, but you negotiate a deal with the state attorney to take a plea to a "simple battery" that is not domestic related. This deal should be clearly spelled out on the record and in writing so that when you try to seal the case later, there will be no question that you DID NOT take a plea to a domestic violence related charge. It would be best to consult with an attorney before...

What criminal arrest charges can't be sealed in Florida?

The list below is a list of charges that CAN'T be sealed in Florida if you receive a "WITHHOLD OF ADJUDICATION".  If the charge was dismissed, dropped, or you were found not guilty, then they may be able to be expunged. Offenses listed in S. 907.041, F.S.: 1. Arson 2. Aggravated assault 3. Aggravated battery 4. Illegal use of explosives 5. Child abuse or Aggravated child abuse 6. Abuse of an elderly person or disabled adult; or aggravated abuse of an elderly person or disabled adult 7. Aircraft piracy 8. Kidnapping 9. Homicide 10. Manslaughter 11. Sexual battery 12. Robbery 13. Carjacking 14. Lew, lascivious, or indecent assault or act upon, or in the presence of a child under the age of 16 years 15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority 16. Burglary of a dwelling 17. Stalking or Aggravated stalking 18. Act of domestic violence, as defined in s. 741...

How long does it take to seal or expunge a criminal arrest case in Florida?

Sealing or expungement of a criminal record in Florida is not a fast process. The average time to complete a sealing or expungement is usually 6-9 months. There are different agencies that have to be dealt with throughout the process and each one takes their own time. Also, there are 67 counties in Florida which means, 67 clerks of court and 67 state attorney offices. Each one does things differently. They all play a part in the sealing and expungement of a case.  Some are faster and some are slower than others. Then, there is the FDLE (Florida Dept. of Law Enforcement). The FDLE has to issue what's called a "certificate of eligibility". Without this certificate, the judge wont' even consider the petition to seal or expunge. The FDLE takes the largest chunk of time. Their processing time as of the writing of this post is about 5-6 months. It depends on how backlogged the FDLE is with applications. If you speak to a lawyer and he tells you that he can do the expung...

Can I seal or expunge my petit (shoplifting) or grand theft case in Florida?

Unless you have been previously convicted of a crime (adjudicated guilty) there's a pretty good chance that you will qualify to have our theft case sealed or expunged. If the charges were dropped, dismissed, or if you were found not guilty, then the case can be expunged. Expunged means the case will be physically destroyed. If you took a plea and received a WITHHOLD OF ADJUDICATION then you will qualify to  have the case sealed. A sealed case is literally sealed with a big stamp on the file indicating SEALED, DO NOT OPEN WITHOUT COURT ORDER!". In both an expungement or a sealing, the clerk will remove all the case information from their database so it can't be found. The police, corrections dept., state attorney, or any public office will also remove the record from their system. If you wish to have your Florida theft charge sealed, please feel free to call me for a free case evaluation. My office has completed hundreds and hundreds of record sealing and expungemen...