• A person can only expunge or seal one arrest during their lifetime so if you have previously had an arrest sealed or expunged, you will not qualify for a second case. 
• In order to qualify to have an arrest exunged in Florida, the charges are required to have been dismissed. 
  This happens when the State Attorney declines to file criminal charges in a case, also when a person has their charges dismissed through a "not guilty" verdict at trial or when the charges are dismissed due to completion of a pre-trial diversion program. 
• If a person if adjudicated guilty on any charge ever, then they will not qualify to have an arrest sealed or expunged.

If I do not qualify to have my case expunged because the charges were not dismissed, can I have the arrest sealed?

• If the charges were not dismissed in your case, but adjudication was withheld then depending upon what you were arrested for you may be qualify to have your case sealed.  Florida law prohibits sealing or expunging a record for certain offenses such as: domestic violence, Aggravated Assault, Aggravated Battery, child abuse, robbery, and drug trafficking to list a few (See Fl. Stat. 907.041).  Record Sealing attorney Antonio D. Quinn, can help you to determine if you case qualifies.
• If a record is sealed then it will not be discoverable by the general public, but city, county, state and military agencies will still have the ability to access sealed criminal records. 
• If a record is expunged, then a court order would be required before the records would be accessible by a government agency. 

The Florida Legislature has enumerated a number of different charges which are disqualifying for an expunction or record sealing.  Under the statute, even if the court withheld adjudication, a person may not seal a charge of:

1.  Arson
2. Aggravated Assault
3. Aggravated Battery
4. Illegal use of explosives
5. Child abuse or aggravated child abuse
6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
7. Aircraft Piracy
8. Kidnapping
9. Homicide
10. Manslaughter
11. Sexual Battery
12. Robbery
13. Carjacking
14. Lewd, lascivious assault or act upon or in the presence of a child under the age of 16 years
15. Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
16. Burglary of a dwelling
17. Stalking or Aggravated Stalking
18. Act of Domestic Violence
19. Home invasion Robbery
20. Act of Terrorism
21. Attempting or conspiring to commit any of the above crimes
22. Manufacturing any substance in violation of Chapter 893
23. Sexual misconduct with developmentally disable person and related offenses
24. Sexual misconduct with mentally ill person and related offenses
25. Luring or enticing a child
26. Sexual battery and related offenses
27. Procuring persons under 18 for prostitution
28. Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
29. Voyeurism
30. Florida Communication Fraud Act
31. Lewd or lascivious offense upon or in the presence of elderly person or disabled adult
32. Sexual performance by a child
33. Offense by Public Officers and Employees
34. Showing obscene literature to mino
35. Computer pornography
36. Selling or buying of minors
37. Trafficking in controlled substances
38. A violation of any offense that would qualify for registration as a sexual predator or for registration as a sex offender
    

If your educational and employment opportunities are being limited by an arrest, then take back your future and contact expungement and record sealing attorney Antonio D. Quinn, today at (954) 463-0440 for an evaluation of whether or not your case qualifies for record sealing or expungement.