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Expunging a Record in Duval County

An individual who has been arrested for a crime in Duval County, Florida, must file a criminal arrest record sealing or expungement petition with the county court. We've been representing people in Duval County who want their records expunged or sealed for years.

The Jacksonville State Attorney's Office keeps everyone on their toes, and expungement and sealing petitions are no exception. The state attorney takes these matters extremely seriously, which is why you need to have all the required documents in order.

What Are the Advantages of a Sealed or Expunged Record in Duval County?

When you expunge or seal your criminal record at the State Attorney's Office in Florida, you have a lot of benefits. A sealing or expungement of a criminal arrest record removes or wipes official government records pertaining to the arrest from the public record. Your arrest information is no longer be accessible to the public through online government sources such as Law Enforcement Agencies or the Clerk of Court.

Furthermore, if private companies that sell public information discover that the material is no longer public, they remove it from the databases. This can be aided by either notice or the passage of time.

You have the legal right to contest the arrest. There are a few outliers; however, this is one of the most powerful abilities. All you need to back this up is a certified letter from the Clerk of Court stating that there is no existing criminal record.

The Sealing or Expungement Process in Florida

A person must follow particular procedures in order to expunge or seal a criminal record in Florida. Because this application procedure might be complicated, it's best to contact an attorney to ensure you complete all of the necessary expunge or seal requirements.

The first step for a qualifying offender is to file an application for a Certificate of Eligibility to the Florida Department of Law Enforcement. The accused must be fingerprinted by licensed law enforcement officers, pay a $75 charge, sign and complete the application in front of a public notary, and produce a certified document stating that the criminal matter has been resolved or concluded.

After receiving their Certificate of Eligibility, an offender must petition the court to state attorney to have their record sealed or expunged. The following items must be included in the petition for expungement or sealing:

After receiving their Certificate of Eligibility, an offender must petition the court to have their record sealed or expunged. The following items must be included in the petition for expungement or sealing:

  • A sworn statement stating that the perpetrator wasn't found delinquent or guilty for certain sorts of offenses.
  • A Certificate of Eligibility from the Florida Department of Law Enforcement
  • A sworn statement that the accused hasn't already had their criminal record expunged or sealed
  • The person is entitled to have their criminal history record expunged or sealed.
  • The court decides whether to expunge or seal the individual's criminal record when the petition is filed with the court. If the court grants the petition for expungement or sealing, the court's order will be sent to all appropriate authorities, indicating that the criminal record has been expunged or sealed.
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When Is Someone Eligible to Expunge or Seal a Criminal Record in Duval County, Florida

If a person meets the following criteria, they may be qualified to have their record sealed or expunged in Florida:

  • They're currently not under a court-ordered diversion program or supervision.
  • They have never been convicted of more than one felony, misdemeanor, or criminal ordinance violation in any state in the US.
  • They haven't previously expunged or sealed a criminal record in any other jurisdiction.
  • They weren't declared adjudicated delinquent or delinquent of certain juvenile criminal charges.

If you plead no contest, guilty, or were found guilty of any of the following charges, you are not eligible for criminal record sealing or expungement:

  • 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

Contact Us Today for an Expunged or Sealed Record

If you have been charged with a criminal offense in Florida and believe you fit the requirements to have your records sealed or expunged, you should contact an experienced criminal law attorney who specializes in these matters. Contact our law firm today for a free consultation if you are facing criminal convictions.