Q: When applying for a record seal/expunge in Florida, why doesn’t the law at the time of the deal apply?
Had a felony battery charge in 2016. Plead nolo contendre, had ajudication withheld. At the time of the plea deal that I took, the charge was a sealable offense (one of the reasons I did not try my chances in trial instead). Completed all supervision by 2021, paid all fines. Applied to have records sealed/expunged, FDLE denied certificate of eligibility starting at the time of application the charge had changed to a nonsealable offense. However doesn’t expungement/sealing fall under procedural law, which would mean the law at the time of the judgement (when felony battery was sealable) would apply? FDLE is refusing to budge and wondering if I have a case to take them to civil court. I only took this deal based off the prospect of having my record “cleared” so to say.
A:
In Florida, the eligibility for record sealing or expungement is determined based on the laws in effect at the time of your application, not at the time of your plea or sentencing. This means that if the law changes between the time of your plea and your application for sealing or expungement, the current law at the time of application is what applies.
In your case, it appears that the law regarding the sealability of your specific offense changed after your plea but before your application, resulting in the denial of your application by the Florida Department of Law Enforcement (FDLE). This can indeed be frustrating, especially since your decision to accept the plea was influenced by the prospect of eventually sealing the record.
While this situation is challenging, you may still have options. Consulting with an attorney who has experience in criminal record sealing and expungement in Florida would be a prudent step. An attorney can review the specifics of your case and the changes in the law to advise you on any possible legal actions or alternatives you might have.
Remember, laws regarding criminal records are complex and can vary significantly over time. Getting professional legal advice is important to navigate this process and explore all available options.
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