Maintaining a clean criminal record can significantly impact an individual's life in multiple ways, from job prospects to societal pressure. In Florida, the Department of Law Enforcement (FDLE) plays a crucial role in assisting individuals seeking to seal their criminal records. Are you wondering how the FDLE can help you? In this blog post, we will delve into the process of record sealing, its benefits, and essential steps to take to get your Florida criminal record sealed.

What is Record Sealing?

Record sealing is the process of legally and officially concealing an individual's criminal history from the public eye. When a criminal record is sealed, only authorized individuals and entities can access it. This process can be a game-changer for those who had a run-in with the law - from minor infractions to more serious offenses - and are now seeking to better their lives.

Benefits of Record Sealing

Sealing a criminal record has several benefits that extend to aspects of an individual's life and their future. Some notable advantages of record sealing include:

1. Employment Opportunities:Many employers perform background checks on potential candidates. Sealing a criminal record increases the chances of securing a job, as the employer will not see the criminal history.

2. Loans and Financial Aid:Sealed records improve the chances of obtaining loans, financial aid, or grants for schooling and other expenses, as a clean record portrays an individual as less risky.

3. Renting a Home:Landlords often request to access criminal records during the rental application process. A sealed record contributes to creating a favorable impression, increasing the likelihood of securing a home.

4. Social Perceptions:Sealing a record helps avoid negative social stigmas associated with past criminal activities, providing a fresh start in life.

5. Professional Licensing:A sealed record may improve one's chances of obtaining certain professional licenses that are otherwise unattainable with an open criminal history.

What Offenses can be Sealed?

Not all criminal offenses qualify for record sealing\. Generally, less severe and non-violent offenses can be sealed in Florida - misdemeanor charges, first-time offenses, or charges that resulted in a withheld adjudication. Some examples include:

Drug possession

Petty theft

Minor traffic offenses

Certain juvenile crimes

\[\It's essential to note that an individual should consult an attorney to verify if their particular offense can be sealed.]

How to Seal Your Criminal Record in Florida: An In-Depth Look at the Process

The process of record sealing in Florida comprises several steps, with the FDLE's role being a vital one. These steps include:

1. Confirm Eligibility

First, seek legal advice from an attorney to verify eligibility for record sealing.

2. Obtain Your Criminal Record

Request a copy of your full criminal record from the local Clerk of Court or the local sheriff's office. You will need to pay a processing fee.

3. Apply for a Certificate of Eligibility

The first major step in the record sealing process involves applying for a Certificate of Eligibility from the FDLE. To do so, prepare the following documents:

Completed "Application for Certification of Eligibility"

Full set of fingerprints taken by a law enforcement agency

A certified copy of the final disposition (disposition of the case) for the offense related to the sealing request

Processing fee (in the form of a cashier's check or money order)

Mail these documents to the FDLE. The department will review your application and determine your eligibility. This process may take a few months.

4. Petition the Court

Once the FDLE issues the Certificate of Eligibility, you can submit a petition to the court that initially handled the case. Attach the following documents to the petition:

Affidavit (a signed, sworn statement from the individual detailing the facts of the case)

Proposed Order (a suggested order for the judge to sign, granting the sealing request)

Certificate of Eligibility (issued by the FDLE)

Filing a petition typically requires the payment of a filing fee.

5. Attend a Court Hearing (if Required)

Depending on the circumstances, the judge may request a court hearing for the sealing request. The individual and their attorney must attend this hearing to present their case.

6. Receive the Judge's Decision

The judge will grant or deny the sealing request, and, if granted, will sign the order. The Clerk of Court will notify the relevant agencies, and the criminal record will be sealed accordingly.

In summary, record sealing in Florida has numerous life-changing benefits, from improved job prospects to a renewed sense of self-worth. The FDLE plays a significant role in the process by determining an individual's eligibility for record sealing. Are you considering a fresh start by having your Florida criminal record sealed? Now is the time to consult an attorney and begin the process in earnest.