Legal Question in Criminal Law in Florida

I have my records sealed in 2003, for a case that took place in 2001. I was told that I can expunge it after 10 years. Am I eligible to expunge 10 years after the date of incident or 10 years after sealing? I went through the process of sealing them without a lawyer; can I go through the expunge process without a lawyer?

I am a certified teacher that has taught in 3 different counties, and have been denied employment in Duval county because of the adjudication withheld on resisting arrest with violence charge. After I expunge my records, am I required to report my criminal record to Duval county? Can they still see it when my fingerprints are taken?


Asked on 10/22/09, 4:40 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Yes you can expunge 10 years after the date you were sentenced. You don't have to have a lawyer but it is certainly helpful. As far as whether Duval county can see it, I believe they can due to your occupation. Certain ones such as medical professionals, lawyers, and teachers are required to disclose all priors, including those that are expunged. After the 10 years, you may still want to get it expunged because it is will then be destroyed for anyone doing a background check that is unrelated to your profession.

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Answered on 10/22/09, 6:27 pm


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