The first step to clearing your criminal record in Florida is understanding the process and timeline for expungement. The Florida expungement process can be complicated and may take up to 7 months if you handle it on your own. This process involves verifying your eligibility for expungement, applying for the FDLE Certificate of Eligibility, managing various documents, and handling unexpected fees.
On average, an expungement in Florida takes 5-7 months.
The amount of time it takes to complete your expungement also depends on how well you know the expungement process. Therefore, it is suggested that you clearly understand the Florida expungement timeline and duration before applying for Florida expungement. Read on for more!
Florida Expungement Duration
| Phase | Estimated Duration |
|---|---|
| Eligibility Assessment & Document Gathering | 1 day to 2 weeks |
| Applying for the FDLE Certificate of Eligibility | 3 to 4 months |
| Petition Filed with Court & SAO Response | 1 to 2 months |
| Implementation of Court Order | 2 weeks to 1 month |
| Total Estimated Time | 5-7 months |
Below, we break down each phase of the Florida expungement timeline to help you understand what to expect, whether you’re starting the process yourself or with an attorney’s help.
Phase 1: Eligibility Assessment and Document Gathering
This phase involves a legal analysis of whether the case qualifies for expungement or sealing under Florida law. It also includes identifying and obtaining all required certified court records needed to proceed:
- Review of case disposition, charge type, and prior criminal history
- Determination of statutory eligibility and disqualifiers
- Collection of certified dispositions from the Clerk of Court
Clerk processing times and the age of the case can affect how quickly certified records are obtained.
Estimated duration: 1 day to 2 weeks
Checking your expungement eligibility can take up to a week. For a faster option, you can complete our Free Eligibility Test in just two minutes.
Phase 2: Application for Certificate of Eligibility from FDLE
Once you have gathered the necessary documents, you must apply to the Florida Department of Law Enforcement (FDLE) to obtain a Certificate of Eligibility. This certificate is mandatory before you can petition the court.
Documents Required:
- Completed the FDLE application form.
- $75 non-refundable processing fee.
- Fingerprint card.
- Certified disposition and, if applicable, State Attorney’s certification.
Timeline: FDLE typically takes 3 to 4 months to process and issue the Certificate of Eligibility. The duration depends on their current backlog and whether your application is complete and accurate.
💡Pro Tip: Submitting a well-prepared and organized application can significantly reduce the risk of delays
Phase 3: Filing the Petition with the Court and SAO Review
Once you receive the Certificate of Eligibility, the next step is to file a petition for expungement in the court where the original case was handled.
Filing Requirements:
- Original Petition for Expungement.
- Certificate of Eligibility.
- Affidavit of eligibility.
- Proposed order for the judge’s signature.
What Happens Next:
- The petition is served on the State Attorney, who may object.
- If there is no objection, the court may grant the petition without a hearing.
- If an objection is raised, the court will schedule a hearing. This may extend the timeline by several weeks.
Estimated Time: 4 to 8 weeks, depending on court schedules and whether a hearing is required
Phase 4: Implementation of Court Order
After the court signs the expungement order, the Clerk of Court distributes certified copies to all relevant agencies, including law enforcement, FDLE, and any other criminal justice agencies that have your records.
Under Florida law, these agencies have up to 60 days to comply with the court’s order and remove or seal your criminal records from public view.
Factors That Can Affect the Timeline
Several external and procedural factors can influence how long the expungement process takes:
- Type of Relief: Expungement generally takes longer than sealing because it requires State Attorney certification.
- Completeness of Application: Any omissions or errors in your paperwork can result in delays.
- Agency Backlogs: FDLE and court workloads can vary throughout the year.
- Legal Representation: Working with an attorney ensures the process moves smoothly and minimizes errors.
Hiring the Right People for the Job
Not everyone can seal their criminal record, though. Hence, people should hire an expungement lawyer near me to handle the entire process and explain the requirements for sealing or expunging their arrest record under Florida law.
We are Erase the Case, and we focus 100% on expunging and sealing arrest records, so you can rely on us if you want to prevent your future bosses or others from seeing what you did in the past.
Related article: 5 Benefits of Getting Records Expunged in Florida
If you hire a lawyer who is semi-experienced and knows about the court system, you can get your file expunged in six to nine months, because after all, this is not their priority. But with Erase the Case, you get the fastest expungement results in the State of Florida, averaging just 90 days from start to finish.
Erase the case is always available to take your case and get you the expungement you need. Don’t hesitate to contact us! We are ready to address your situation in the best way possible.
Contact Us Now
📞 Phone number: +1 866-372-7335
📩 Email: lawyer@erasethecase.com
