Criminal Defense Lawyers in Tampa
Call for a FREE Consultation!

Seal and Expunge Arrest Record

Facebook
Twitter
LinkedIn
Email
Print
Expunge or seal an arrest record in Tampa, Florida. Male with handcuffs on.

Seal and Expunge Arrest Record

 – by Tampa Criminal Defense Attorney, Daniel J. Fernandez

If you have been arrested for a state of Florida offense you may be entitled to seal and expunge the arrest record if you qualify.

The sealing of a criminal history is governed by section 943.059 of the Florida Statutes, and Florida Rule of Criminal Procedure 3.692(a)(1).

The requirement are:

  1. Has never, prior to the date on which the petition is filed, been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b).
  2. Has not been adjudicated guilty of or adjudicated delinquent for committing any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains.
  3. Has never secured a prior sealing or expunction of a criminal history record under this section, s. 943.0585, former s. 893.14, former s. 901.33, or former s. 943.058.

If a petitioner satisfies the requirements of section 943.059 and Rule 3.692(a)(1), the petitioner is presumptively entitled to an order to seal or expunge court records. While the decision to seal a record is in the trial judge’s sole discretion, the exercise of discretion requires good reason based on the facts and circumstances of the petitioner’s individual case.

A court may not deny a petition to seal a criminal record based solely upon its consideration of the facts as outlined in the probable cause affidavit. Rather, the court must consider the facts actually established in the petitioner’s case.

Where a petitioner seeks to have his criminal record sealed and meets all the requirements of section 943.059, Florida Statutes, the trial court may, in its discretion, deny relief, but only after holding an evidentiary hearing and providing a sound reason based on the facts and circumstances of the petitioner’s case.

Because a petitioner who satisfies the statutory prerequisites for sealing of records is presumptively entitled to an order to expunge or seal, a petitioner is likewise entitled to a meaningful review of a denial.

If you have been charged with a State of Florida offense you may be entitled to seal and expunge the arrest record if you qualify.  Criminal defense attorney Daniel J. Fernandez can help guide you through the process.

A trial court should have a specific factual basis to support a denial of a petition to seal and expunge. And the State should present evidence at a hearing to refute a petitioner’s sufficient allegations and cannot merely object to the expungement. Contact a criminal defense lawyer and request an assessment and if you qualify, you may file a petition to seal and expunge.  Our firm has represented clients in seal and expunge matters.  Many of these petitions have resulted in sealing and expunging arrest records.

If you have been arrested for a State of Florida offense in the Tampa Bay area and would like to find out if you qualify to seal and expunge your arrest record, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & for a free consultation now.

Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com

#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer

Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

Search

Start Planning Your Defense

Fill out the form below and we will be in touch with you to schedule your FREE consultation.

Contact Us

Address:
3003 West Azeele St, Ste 200
Tampa Florida 33609

Business hours:
7 Days a Week / 24 Hours a Day

Phone number:
(813) 229-5353

From Our Blog

Recent Reviews

If you or a loved one needs a criminal defense attorney, call us for a free consultation to discuss the case. 7 DAYS A WEEK / 24 HOURS A DAY

We've Moved!

Please visit our new website at:
www.djfernandezlaw.com