EXPUNGING FLORIDA CRIMINAL RECORDS

Expunging Florida criminal records is difficult, but not impossible if you meet the criteria. A criminal record can be devastating. If you have a criminal record, you may not qualify for a job, housing, loans, firearms rights or professional licenses. There are two methods that can be used to minimize this negative impact: 1) Sealing your record, or 2) expunging your record.

When your record is sealed by court order, its contents cannot be reviewed without court approval. You can petition the court to seal your record if you were not convicted of a crime or adjudication was withheld.

Expunging a criminal record requires its destruction and removal from all databases. You can petition the court for expungement if: 1) No charges were filed against you, 2) Charges were filed and later dismissed, and 3) When your record has been sealed by court order for at least ten years. If your file is expunged FDLE will maintain a copy, but it can be accessed in only very limited circumstances.

NOT ALL RECORDS CAN BE EXPUNGED

Dozens of crimes cannot be sealed or expunged. Most of them are serious crimes such as homicide, sex offenses, drug trafficking, human trafficking, most crimes involving children, kidnapping, DUI, and domestic violence cases. There are many more crimes not listed here that cannot be sealed or expunged. If you are unsure whether your crime can be sealed or expunged, and you want to know before you begin the application process, contact a lawyer, and schedule a consultation.

HOW DO I EXPUNGE MY RECORD

Expunging Florida criminal records involves a 2 step process: 1) Obtain a Certificate of Eligibility and 2) File the appropriate motion.

The initial step in expunging Florida criminal records is easy, and you can do it yourself without a lawyer. Contact the Florida Department Of Law Enforcement (FDLE) and request a Seal/Expungement application. The easiest way to do this is by visiting FDLE’s website which can be found at fdle.state.fl.us. On FDLE’s homepage, you will see a Seal & Expunge button on the left side of the screen. Click on the button and follow the steps to obtain an application. You can download the application or request one to be mailed to you.

Once you receive the application, review it, and begin answering all the questions. Get a new set of fingerprints. When you are done, return the completed application to FDLE with a $75 check. When FDLE receives the application an agent will begin the process of reviewing your application and criminal record. The agent will determine if you are eligible for a sealing or expunging of your criminal record. If you are eligible, the agent will issue a Certificate Of Eligibility.

Receiving a Certificate Of Eligibility is crucial because it is required to file the appropriate motion. If you receive a Certificate, the next step is to call a lawyer. Your lawyer will draft, e-file, set the motion, and serve the required parties. After your motion is set to be heard, your lawyer will appear and argue the motion. If the motion is granted, the judge will issue an Order requiring your record to be sealed or expunged. The Clerk of the Court will then make certified copies of the Order and forward it to the state attorney and the arresting law enforcement agency.