Legal Question in Criminal Law in Florida

Re: Removing a fellony from my record

Answer to Question About Sealing/Expunging An Arrest Record

If this case is your first arrest, and if you were not adjudicated guilty of any crime related to this arrest, then you may be in a position to seal or expunge your arrest record. You are eligible even if you received a withhold of adjudication.

In order to do this you will have to see a lawyer or if you want to do it yourself go to the Clerk of Court's office and obtain a sealing/expunging packet. At the same time you should obtain from the clerk a certified copy of a form reflecting the disposition of your case.

Next, go to any police station and have your fingerprints taken on the fingerprint card provided in the packet you obtained from the clerk.

Next fill in and mail the form provided with the packet and the disposition sheet of your case you received from the clerk to the State Attorney's Office that prosecuted your case. They will mail the form back indicating whether you are entitled to seal or expunge your record.

Next mail all of the aforementioned and a check for $75 to the Florida Department of Law Enforcement (address in the packet) and they will send you a form reflecting that you are (or are not) entitled to seal or expunge your record.

Finally, you need to file a motion with the judge attaching the form you obtain from the Florida Department of Law Enforcement reflecting that you are entitled to seal or expunge your record.

Good Luck!