Florida is a state which allows certain persons to have their criminal record either sealed or expunged, which can include someone with a narcotics charge. A sealing can also prevent personal and professional embarrassment, since the case history is available to anyone who has either internet access or the ability to contact the Manatee or Sarasota County Clerk of Court. For instance, both counties have public access websites, where a name search which will reveal the complete history and disposition of the case. In addition, persons accessing the Manatee County website (www.manateeclerk.org) can actually access the police reports and court documents online. By having your record sealed, public access to this information is eliminated.
Unfortunately, some people will not be able to get their records sealed or expunged. If the Court adjudicates you guilty of the narcotics charge, this will prohibit you from a record sealing, regardless of your lack of prior record. In addition, a person who has any criminal history, either in Florida or out of state, is disqualified from a record sealing. A person in Florida is only allowed one record sealing in a lifetime.
To have your record either sealed or expunged, the procedure begins with a formal application, which includes fingerprinting. This application must be submitted to the prosecutor’s office, which then signs off on the paperwork. After that, the application must be sent to Tallahassee to the Florida Department of Law Enforcement (FDLE), which determines whether the person is actually eligible for the sealing. If all of these steps are successfully taken, and the person is determined to be eligible, then a “certificate of eligibility” is issued by FDLE. The person must then set a hearing before the appropriate Judge, who even then can deny the petition in his or her discretion. As with any legal matter, it is always preferable to have an attorney handle this procedure matter, since the attorney should be able to advise you about any potential problems.