Many people believe that it is more difficult to expunge or seal a felony arrest, versus a misdemeanor arrest. Well, this belief both is and isn’t correct! Let me explain why.

People are correct in their assumption that it can be more challenging to remove a felony from a criminal history record than to remove a misdemeanor charge. This is the case for two reasons:

1. In Florida, the decision whether to grant or deny a petition to seal or expunge is within the discretion of the court, based on a “consideration of all the facts and circumstances” standard. More serious charges may be more seriously considered by a court, plus, may increase the likelihood the state would object to your petition. If the state objects, a hearing must be held, and you would be faced with trying to prevent the prosecutor from convincing the judge that your history should not be sealed.

2. The Florida statutes contain a list of offenses that cannot be sealed – pretty much all felonies. These prohibited offenses include sex crimes, homicide, and kidnapping, to name a few…

Most people are incorrect, however, in assuming that the sealing or expunction of a felony is procedurally more difficult than sealing or expunging a misdemeanor. The Florida legal procedures to seal or expunge a felony and a misdemeanor are exactly the same. There are statutory requirements that a person must meet in order to be eligible to seal or expunge a record generally, but no distinction is drawn between felonies and misdemeanors specifically.

One thing to keep in mind though, if you are reading this article before your criminal case has been resolved, is that sometimes it is better under Florida law (from a sealing/expunging perspective only) to plead guilty or no contest to a lesser offense if arrested for one of the prohibited offenses, then risk a conviction. Remember, it is the final charge that counts.