There are strict criteria for sealing or expunging court records. Some of the requirements are:
1. You have been charged but not convicted of a misdemeanor or felony offense because adjudication was withheld.
2. The State Attorney declined to prosecute.
3. You have not had any other court record sealed or expunged in the State of Florida.
You may be eligible to have court records about your case sealed or expunged. By Florida law, certain charges cannot be sealed or expunged regardless of whether or not adjudication was withheld.
There are significant differences between a sealed record and a record that has been expunged.
A sealed record could be opened for inspection by a Judge, you, your attorney, a criminal justice agency, and in special situations, a prospective employer. The Clerk must receive a motion and order (signed by the Judge) to unseal the record for this to occur.
An expunged record would no longer exist since the file and any references to that file are destroyed. However, as per Florida Rule 3.692, the record of arrest must have been sealed for at least 10 years; or an indictment or information was not filed against the defendant for the criminal transaction, or an indictment or information filed against the defendant was dismissed by the prosecutor of the court.
A packet with instructions on how to seal/expunge your case may be obtained from the Clerk by appearing in person at the Jefferson County Courthouse, 1 Courthouse Circle, Monticello, Florida (32344), or by visiting FDLE's Seal and Expunge Process page. Click here to visit the forms page.