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Can I Expunge a Felony in Florida?

You have a criminal history record in Florida if you've ever been arrested, whether or not you were convicted of the criminal offense. You may have made a mistake when you were younger, but you are now living a law-abiding, productive life. Irrespective of the circumstances, if you were arrested, you now have a criminal record that prospective employers, landlords, lenders, and anybody else looking for information about you may easily acquire. If someone decides to perform a background check on you, it could damage your prospects of gaining a loan, a job, or even a possible relationship.

Can You Expunge a Felony Under Florida Law?

You can't get a felony conviction wiped from your criminal record. Only when there has been no conviction for a misdemeanor, felony, or criminal traffic infraction such as driving with a suspended driver's license or DUI can criminal records be erased. In some situations, if there wasn't an actual conviction, the criminal record can be expunged.

Even if you were not found guilty or the criminal charges were withdrawn by the prosecutor or judge, a conviction in one case can preclude you from expunging any other legal case. Even more serious felony violations may be resolved with the help of an experienced criminal defense attorney from our legal office, depending on the circumstances. Expunging criminal records could be crucial to your future. The legal team at our law firm is dedicated to quality and providing the greatest legal representation to our clients.

Expungement has extremely strict legal criteria, and it must be done correctly from the outset. The probation period must be fulfilled. There can't be any unmet obligations, including fines or community service. If you try to accomplish it on your own, it might be a frustrating experience. Allow our criminal defense attorneys to guide you through the expungement process. Please contact us if you need help cleaning your criminal record.

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Eligibility for a Sealed or Expunged Criminal Record

You cannot seal or expunge a criminal history record if it involves the following criminal charges:

  • Aggravated battery
  • Aggravated assault
  • Aggravated abuse or abuse of a disabled adult or an elderly person
  • Arson
  • Aircraft piracy
  • Burglary of a dwelling
  • Child abuse or aggravated child abuse
  • Carjacking
  • Computer pornography
  • Domestic violence
  • Homicide
  • Home-invasion robbery
  • Human trafficking of minors
  • Illegal Use of Explosives
  • Kidnapping
  • Enticing or luring a child
  • Lewd acts in the presence of a child
  • Manufacturing controlled substances
  • Manslaughter
  • Robbery
  • Sexual battery
  • Sexual activity with a child
  • Sexual performance by a child
  • Sexual misconduct with a disabled person or mental health patient
  • Stalking and aggravated stalking
  • Soliciting minors for prostitution
  • Trafficking in drugs
  • Terrorism
  • Voyeurism
  • Conspiracy or attempt to commit any of the above-listed crimes

Expunging Florida Criminal Records: The Process

Although a lawyer is not required to expunge or seal a record, it is strongly advised to speak with a Florida criminal defense lawyer to ensure that the procedure is not unduly delayed or even refused due to the technical nature of the procedure.

The first step is to submit an application to the Florida Department of Law Enforcement (FDLE). This necessitates fingerprints and a verified disposition of the case. Before submitting this application, you must have a notarized signature. If pursuing expungement, the state attorney in the jurisdiction must also complete a portion of the application.

You have to go to the jurisdiction of the accusation or arrest and file a petition with the local court once the FDLE recognizes your eligibility. The forms for Petition, Affidavit, and Order can be obtained from the local Clerk of Courts or from your lawyer, although an attorney should have them on hand. Furthermore, the affidavit must also be signed in front of a notary.

All of the paperwork must then be submitted in that court, along with the FDLE certificate, and served on the State Attorney's Office. The date the Certificate of Eligibility is received begins a six-month timeline to fulfill all of this.

The order to expunge or seal must be granted and signed by a judge; this can sometimes be done without a court hearing; however, the court may compel you to attend the hearing and speak directly to the judge. It takes roughly a month to complete the process.

Contact Us Today for a Free Consultation!

Getting your criminal record sealed or expunged is not a simple process. Our legal team has extensive expertise in representing criminal defendants and assisting with the sealing and expungement process under the criminal justice system. We are committed to protecting clients' rights, and we fight to keep your rights intact during the sealing or expungement process. Call us today or send us an online message to speak with our legal staff about your rights during a free consultation. We value our attorney-client relationship and work tirelessly to get your criminal record expunged!