Whether You Can Apply For an Expungement or a Sealment

In terms of your average person, whether you’re considering doing a sealment or expunging your record, the decision as to which one to do depends on the result of the actual case. If the case got dropped, you expunge it. If you got sentenced to probation but you got the withhold of adjudication then you have to seal it. If you go to trial and even if you win at trial then you would have to seal it. You won’t be able to get it expunged.

By the way, the legislature designed the law so the only way that expungements can happen is if the charges were actually dropped prior to trial. So, whatever happened with your case will be the determination of whether you apply for an expungement or a sealment.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.

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