Tampa Expungement Attorney

When you apply for a job, buy a house, or buy a car, a criminal record can harm your prospects and hurt your credit. One of the most frequent questions we hear from clients is whether or not they are able to seal or expunge their criminal record. If you either have something on your criminal history you wish wasn’t there, or you want to keep something from going on your permanent record, we can help. Please do not hesitate to contact us to learn what your options are.

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Please read through the sections below to find out who is eligible to have their record sealed or expunged, the forms that must be filled out, the process, as well as the costs involved.

Expungement FAQ

How do I get my record sealed or expunged?

 You may qualify to have your criminal record sealed or expunged in Florida if you meet certain criteria set forth in Florida statutes. You cannot seal or expunge some crimes such as a felony or DUI conviction.

To begin the process of record sealing or expungement, you must first obtain a certificate of eligibility by applying through the Florida Department of Law Enforcement.

What’s the difference between a sealed record and expungement?

Sealing a criminal record means the general public cannot see it. The record is only accessible by certain government agencies and will not appear on a background check by a potential private employer or landlord.

Expunging a record is much rarer and results from the prosecution agreeing to drop the charges, or if the record has been sealed for at least 10 years. The Florida Department of Law Enforcement will retain a copy of the expunged record, but it can only be viewed by a court order.

Can I have multiple arrests sealed or expunged?

According to Florida statute Section 943.059, only one arrest record may be sealed or expunged in one proceeding. However, you can attempt to expunge more than one arrest in a proceeding if you can convince the court that the other incident(s) are directly related.

Do I need a lawyer to expunge or seal my record?

You are not required to have an attorney to request a record seal or expungement. However, the process can involve complex legal issues, and having an attorney’s assistance and knowledge would likely be helpful for your case.

Step One: Sealing vs. Expunging

Many people think that sealing and expunging are really the same thing, but there are important differences between the two. Here are the differences between sealing and expunging a criminal record:

Sealing means that the criminal record still exists, it is just placed under seal where the general public can’t view it.

There is a catch—certain governmental agencies can still access your record if you apply for a job or a professional license with them or are accused of a new crime. Here’s a quick list of some of the important ones:

Expunging means that the criminal record is erased. Most potential employers will not be able to see that you have any kind of record at all.
There’s a catch, though—any Florida government agencies that would normally be able to see a sealed record would see a notation that you have a record that has been expunged if they ever looked you up. This means that if you apply for a job with that agency or a professional license, they could ask you questions about what charges you had expunged.

Step Two: Who is Eligible?

Sealing:

You can apply to have a criminal record sealed as long as you have not been adjudicated guilty of any offense prior to the record you are looking to seal. This even includes criminal traffic offenses, which means that if you were convicted of driving with a suspended license back in 1996, you are ineligible for sealing a new criminal record.

As you can imagine, there are criminal offenses which can’t be sealed. they include any sexual crimes, trafficking, or crimes of violence such as homicide, arson, kidnapping, aggravated assault or battery.

Expunging:

You can expunge a criminal record if the prosecution agrees to drop the charges, or if the record has been sealed for at least 10 years.

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Step Three: Filling Out the Paperwork

Application

You must sign and date the Expungement Application in front of a notary. If you don’t know where to find a notary, you can go to your local bank office and ask for one. Some post offices and shipping supply stores have notaries available for a fee.

Certified Copy of the Case Disposition

This can be ordered from the Clerk of Courts for the county where your case took place.

Fingerprints

You can get your fingerprint card done at the Hillsborough County Sheriff’s Office, at no charge for Hillsborough County residents. Here is a list of locations and hours:

  • District I – 8:00 AM to 5:00 PM
  • 14102 N. 20th Street
  • Tampa, FL33613
  • 813-247-0600

 

  • District II – 8:00 AM to 4:30 PM
  • Identification Section
  • 2306 N. Falkenburg Rd
  • Tampa, FL 33619
  • (813) 247-0062
  • (Closed on Holidays and Weekends)

 

  • District III – 8:00 AM to 4:30 PM
  • 7202 Gunn Highway
  • Tampa, FL 33625
  • 813-247-0330

 

  • District IV – 8:00 AM to 4:30 PM
  • 508 33rd Street SE
  • Ruskin, FL 33570
  • 813-247-0455

Submit the Forms to the Prosecutor for Expungement

If you are seeking to have a charge expunged, you need the prosecutor’s office to complete Section B of the application. Contact the Hillsborough County State Attorney’s Office to find out more information:

  • Tampa Office:
  • 419 N. Pierce Street
  • Tampa, Florida 33602
  • Phone: (813) 272-5400

 

  • Plant City Office:
  • 301 North Michigan Ave. Room# 1022
  • Plant City, Florida 33563
  • Phone: (813) 757-3890

Step Four: How Much Do You Pay?

Along with all the paper work and fingerprint card, you must submit a money order or cashier’s check for $75 made payable to the Florida Department of Law Enforcement.