# Erase The Case > Florida's Trusted Expungement Lawyers > Contact: lawyer@erasethecase.com ### Posts #### 10 Benefits of Sealing or Expunging Criminal Records in Florida (Survey-Driven) Expungement in Florida is a legal remedy designed to limit or eliminate public access to eligible criminal records. In 2026, its relevance has increased as employers, landlords, and third-party screening companies rely more heavily on automated background checks and persistent data aggregation. Even non-conviction arrests can continue to affect opportunities unless proactive legal action is taken. To ground this article in real-world outcomes, Erase The Case references findings from our Florida Expungement Survey, which examined how public criminal records affect employment, income, housing, and decision-making across the state. The data below is used to contextualize—not replace—the legal and practical benefits discussed. 1. Improved Employment Opportunities Expungement removes eligible arrest records from public access, preventing them from showing up in standard background checks used by employers. With eligible records cleared, job seekers are more likely to be considered on their merits rather than past non-conviction history. This is especially important in competitive hiring markets where automated screening tools filter applicants. According to our Florida Expungement Survey, 22% of Floridians report having been arrested at some point, and many of those records continue to appear in background checks unless expunged. This underscores how common arrest records are and why clearing them may broaden access to employment opportunities. 2. Stronger Housing and Rental Applications Landlords and property managers often use criminal history data as part of tenant screening. When an eligible record is expunged, it is no longer visible in most public or commercial tenant checks, reducing the chance of automatic denials. Our survey found that half of Floridians don’t know that arrest records remain public for life, even if charges were dismissed. This lack of awareness can lead to unnecessary housing barriers for people who could otherwise qualify for rental properties. 3. Stronger Professional Licensing Applications Many professional and occupational licensing boards require background checks during the application or renewal process. Expungement prevents eligible non-conviction records from complicating these reviews and can improve the likelihood of favorable licensing decisions. Our survey reveals that 23% of Floridians are surprised to learn they can only expunge once, highlighting confusion around eligibility limits and the importance of timing the petition for the most critical records. 4. Legal Right to Deny the Arrest After expungement is granted under Florida law, an individual generally has the right to deny or not disclose the arrest to most private employers, landlords, and other non-government entities. This reduces the need to repeatedly explain old cases that did not result in a conviction. Survey findings indicated a lack of awareness about how long arrest records stay public, suggesting that many people may continue to disclose records unnecessarily when they could instead take advantage of expungement protections. 5. Reduced Impact of Automated Screening Technology In 2026, automated systems increasingly influence decisions in jobs, housing, and education. Expungement limits the presence of eligible arrest records in the data these systems analyze, lowering the chance of automated exclusion before a human ever reviews the application. Survey data showed significant knowledge gaps about how arrest records persist, which leads many residents to underestimate the long-term impact of public records on automated screening processes. 6. Greater Personal Privacy Public criminal records can be accessed and reposted by data brokers long after a case is closed. Expungement restricts public visibility and gives individuals a stronger foundation to challenge the continued dissemination of their criminal history. With 1 in 2 Floridians unaware that arrest records remain public for life (survey found), many do not realize how persistent and widespread these records can be without timely expungement. 7. Economic Security and Long-Term Earnings Potential Unexpunged records can create subtle economic barriers beyond hiring and housing — including wage stagnation and limited mobility. Expungement can clear the way for advancement and higher potential earnings over time. The survey estimates that Floridians could lose an estimated $3.1 billion annually due to missed expungement opportunities, based on the economic impact of forgone wage gains when people don’t clear eligible records. 8. Reduced Misconceptions About Record Status A clear understanding of criminal record visibility, eligibility limits, and legal rights helps individuals make informed decisions about record clearance. Expungement clarifies a person’s legal standing and removes uncertainty about how records show up in checks. Nearly half of Floridians said they would not pay $2,000 to expunge even though the long-term benefits are significant, revealing a perception gap that effective record clearance can help overcome. 9. Support for Fair Chances and Second-Chance Norms Expungement aligns with broader societal support for second chances and equitable access to opportunity. It reflects the legal mechanism for giving individuals a fresh start after resolving past non-conviction matters. Survey results show that 55% of Floridians support legislative reform—specifically Senate Bill 1000, which would have expanded expungement access—indicating widespread public backing for fair-chance pathways. 10. Strategic Use of Limited Expungement Eligibility Florida’s one-time adult expungement limit means choosing the right case to clear is a strategic decision. Expungement should be prioritized for records that have the greatest impact on life and opportunity. The fact that 23% of Floridians were shocked about the one-time limit highlights the importance of early education and informed decision-making when it comes to record clearance. Expunging or Sealing a Record in Florida? Get Legal Help Now! We have decades of experience getting records sealed or expunged at Erase the Case. However, each case is different, so book your free consultation to discuss the unique facts surrounding your arrest record, and we will tell you whether you are eligible to have a criminal record expunged or sealed. Let us evaluate your case and guide you through the process with clarity and confidence. 📞 Call us today at (866) 372-7335📧 Email: lawyer@erasethecase.com Take the first step toward clearing your record and reclaiming your future.   #### 5 Types of Expungement in Florida (Eligibility, Process, & Duration) In Florida, criminal record relief is governed by statute and administered through a structured process overseen by the Florida Department of Law Enforcement (FDLE). Not all expungements are the same, and not all require a court petition. Understanding the correct statutory pathway is critical before you apply. Florida law currently recognizes seven distinct expungement or sealing mechanisms, each with different eligibility rules, procedures, and legal outcomes. This guide explains every FDLE-recognized option, how it works, and when it applies. Type Primary Eligibility Requirement Key Benefit Court-Ordered Sealing Adjudication withheld for charges not listed under F. S. 943.0584 Hides records from public access, sealing government records Court-Ordered Expungement Charges dismissed (any variation thereof) Hides records from public access, destroying government records Administrative Wrongful arrest (either contrary to law or by mistake) Expunges unlawful or mistaken nonjudicial arrest records without a court order Juvenile Diversion Successful completion of the diversion program Fresh start for youth. Does not use up adult expungement eligibility Automatic Juvenile Juvenile arrest does not result in filed charges Automatic juvenile record expungement without application Human Trafficking Victim status Prior sealing or expungement does not bar eligibility relief Lawful Self-Defense Prosecutor certification Prior convictions don’t bar self-defense expungement 1. Court-Ordered Record Sealing Record sealing is the most common form of relief, together with expungement, and is governed by Florida Statute § 943.059. When a record is sealed: The public can no longer access the case from government background checks The record becomes a confidential record protected by Florida’s Constitution The Records are not destroyed but placed under ‘seal’ by order of the court Law enforcement and certain government agencies retain limited access for “legitimate criminal justice purposes” You may lawfully deny the arrest in most private contexts You may qualify for court-ordered sealing if: Your charges were dismissed, nolle prosequi, no-filed, or resulted in withheld adjudication for charges not listed under Florida Statute § 943.0584 You have never been adjudicated guilty of a criminal offense in Florida You have never sealed or expunged another adult record in Florida You are not currently under court-mandated supervision or probation Must obtain a Certificate of Eligibility from the FDLE This process is not automatic and requires procedural accuracy. Errors delay the process or result in denied relief. 2. Court-ordered Record Expungement Court-ordered expungement governed by Florida Statute § 943.0585 is the most comprehensive form of record clearance relief available in Florida. This process physically destroys criminal records from public databases, allowing individuals to legally deny or fail to acknowledge that the arrest occurred with certain statutory limitations. When a record is expunged: The public can no longer access the case from government background checks The record becomes a confidential record protected by Florida’s Constitution Records are destroyed as if they never existed You may lawfully deny the arrest in most private contexts Records are destroyed and retained only by the FDLE and the Courts under strict statutory guidelines To qualify for court-ordered expungement, applicants must meet strict eligibility criteria: Charges must have been dismissed, dropped, or resulted in an acquittal Cannot have sealed or expunged another record previously in Florida Cannot have been previously adjudicated guilty or delinquent in Florida Must obtain a Certificate of Eligibility from the FDLE The procedure is not automatic and requires obtaining a Certificate of Eligibility from the FDLE, followed by filing a formal petition with the court pursuant to the Florida Rules of Criminal Procedure. To help you better understand this process, read on: Florida Court-ordered Expungement & Sealing. 2. Administrative Expungement Administrative expungement, governed by Florida Statute § 943.0581, offers relief for individuals arrested contrary to law or by mistake. This specialized process acknowledges law enforcement errors and provides a streamlined pathway for record clearing without requiring extensive court proceedings; however, this is an unlikely expungement pathway as it requires the arresting agency or appropriate state attorney to acknowledge they wrongfully arrested you. Key features include: No court hearing requirement Direct application to the FDLE Faster processing timeline Must have documentation proving the arrest was improper Only affects nonjudicial criminal history records, leaving the judicial records publicly available The process typically involves: Arrest is identified as unlawful or mistaken Law enforcement or individual submits application to FDLE Required endorsement obtained from agency heard or state attorney FDLE reviews application under administrative rules FDLE expunges the nonjudicial arrest record if approved 3. Juvenile Diversion Expungement Juveniles who successfully complete a diversion program may qualify for expungement relief governed by Florida Statute § 943.0582, without court litigation. For juveniles, automatic record sealing occurs at age 21, provided there are no disqualifying circumstances. Key features: Does not count against adult expungement eligibility Available only after successful diversion completion Limited to non-forcible, non-firearm offenses Requires State Attorney certification Expunges nonjudicial juvenile arrest records, leaving court records intact This pathway exists to prevent juvenile records from permanently harming education or employment opportunities. 4. Automatic Sealing Florida law, governed by Florida Statute § 943.0595, now provides automatic sealing for certain qualifying cases. Key features: FDLE’s and Court records are automatically sealed when no charging document was filed or charges were dismissed, nolle prosequi, or acquittal (except insanity or incompetency acquittals) Arresting agency (mugshot), Department of Corrections, and State Attorney’s records remain public and unaffected No petition, hearing, or attorney filings are required No limit on how many times a person can get automatic sealing Prior convictions don’t affect eligibility Invariably applied throughout Florida, 67 clerk of courts, with some retroactively applied and some refusing retroactive application The process typically involves: FDLE must certify that the case is eligible under Florida Statute 943.0595 Upon receiving an FDLE Notice of Sealing Criminal History Record, the appropriate clerk of courts seals the court record Automatic sealing does not equal expungement. Records are still retained and visible to limited agencies. 5. Automatic Juvenile Expungement Florida law, governed by Florida Statute § 943.0515, provides automatic juvenile expungement for many juvenile records. Typically: Records are expunged when the person reaches age 19 through 26, depending on circumstances Applies to juvenile arrests not resulting in filed charging documents No action is required from the individual or the court Certain serious offenses are excluded by statute FDLE carries out the expungement once the eligibility criteria are satisfied 6. Human Trafficking victims Human trafficking victims benefit from unique expungement provisions governed by Florida Statute § 943.0583, designed to acknowledge their status as survivors rather than offenders. This compassionate approach recognizes that criminal records often result from actions committed under duress or coercion. 7. Self-defense expungement Florida’s self-defense expungement provision, governed by Florida Statute § 943.0578, represents a progressive approach to protecting individuals who acted lawfully to defend themselves. To qualify, applicants must obtain certification from the State Attorney’s Office confirming their actions constituted lawful self-defense. The process requires detailed documentation of the incident and often benefits from experienced legal guidance to navigate successfully. Juvenile Expungement vs. Court-ordered Expungement Juvenile expungement and court-ordered (adult) expungement operate under different legal standards in Florida. Juvenile records are often eligible for automatic expungement or simplified relief through diversion programs, and most juvenile expungements do not count toward the one-time lifetime limit imposed on adult sealing or expungement. In many cases, juveniles can obtain relief without filing a formal court petition or obtaining an FDLE Certificate of Eligibility. By contrast, court-ordered adult expungement is strictly regulated under Florida law. It always requires a Certificate of Eligibility from the Florida Department of Law Enforcement, a formal court petition, and judicial approval, culminating in a signed order. Florida generally allows only one adult sealing or expungement in a lifetime, making proper classification and procedural accuracy essential, especially if multiple cases or charges are involved. Automatic Sealing vs. Manual Processes Automatic sealing occurs by operation of Florida law without the need for a court petition or an FDLE Certificate of Eligibility. When a case qualifies, the record is sealed automatically after statutory conditions are met, involving non-conviction dispositions. Although the public can no longer access the court record, certain government agencies and law enforcement entities keep their records publicly available, which is why arrest mugshots continue to be published online by the arresting agency and picked up by the various private mugshot websites. By contrast, manual sealing or expungement requires a proactive application process, filing, and strict procedural compliance. These processes require a Certificate of Eligibility issued by the Florida Department of Law Enforcement after a lengthy review process, a formal court petition and supporting documents, and judicial approval culminating with a signed order before FDLE enforces the relief. Manual filings are subject to Florida’s one-time lifetime limit, making accuracy and proper sequencing essential, especially if multiple cases or charges are involved. Frequently Asked Questions Q1: How do I determine which type of expungement fits my case? To identify the right type of expungement or sealing relief, you should review your case details against the eligibility criteria for each option. Factors such as the nature of the offense, whether it was committed as a juvenile or adult, and whether the case qualifies for sealing rather than expungement will help you choose the best fit. A specialized expungement lawyer’s assistance is strongly recommended. Q2: Can every criminal record be expunged or sealed in Florida? Not every record is eligible for expungement or sealing. Disqualifying offenses, prior expungements, and specific imposed requirements can affect eligibility. Some cases may qualify for automatic sealing, especially with juvenile records or cases dismissed after July 1, 2023, but serious felonies and some misdemeanors may be excluded. Q3: What makes Florida's expungement types unique compared to other states? Florida has perhaps the most robust, strict, and multi-agency process of all 50 United States. It also distinguishes itself by offering specialized expungements such as Lawful Self-Defense and Human Trafficking Expungement. Additionally, the state has unique provisions like Automatic Juvenile Expungement and a clear difference between sealing and expungement processes handled by courts or administrative bodies. Lastly, some states’ expungements are the record-sealing version of Florida. Q4: How do I navigate the court and administrative processes for expungement in Florida? Navigating Florida’s expungement process involves working closely with the Florida Department of Law Enforcement (FDLE) for certifications and completing required court filings accurately. Understanding whether your case requires Court-Ordered Sealing or Administrative Expungement will guide you through the respective procedural steps. Expunging Your Record Faster with Erase the Case Understanding the various types of expungement in Florida is the first crucial step toward clearing your criminal record and reclaiming your future. Whether you're navigating court-ordered expungement, administrative processes, or special circumstances like human trafficking relief, knowing which option fits your case can be complex—and timing is critical. At Erase the Case, we specialize in simplifying this process, guiding you through every step with clarity and confidence. With the fastest expungement results in the State of Florida, our streamlined approach averages just 90 days—far quicker than the typical six to nine-month wait. - Trusted expertise exclusively focused on Florida’s unique expungement laws - Comprehensive evaluation to identify the best record clearance option for your situation - Transparent, step-by-step assistance from application to court petition - High success rate backed by client testimonials and proven outcomes Don’t let your record hold you back any longer. Our dedicated team works tirelessly to get your case erased efficiently and right the first time. Contact Us Now to start your personalized expungement consultation and move confidently towards a clean slate. 📞 Phone number: +1 866-372-7335 📩 Email: lawyer@erasethecase.com 🌐 Website: https://erasethecase.com/ #### Adjudication Withheld in Florida: Meaning, Impact & Expungement In Florida, adjudication withheld is an essential legal concept in the criminal justice system. It signifies the court's decision to refrain from formally convicting an individual of a crime, despite a guilty verdict. This explanation elucidates the significance and implications of adjudication withheld in Florida's legal framework. Understanding this concept is essential for individuals involved in legal proceedings within the state. Withheld adjudication can affect various aspects of life, including employment and housing opportunities. Delve deeper to comprehend the withheld adjudication's meaning and its enduring effects on individuals in Florida. What Is A Withhold of Adjudication in Florida? In Florida, "adjudication withheld" is a legal term used when a judge opts not to formally convict an individual despite a plea or finding of guilt. Instead of imposing a conviction, the court places the defendant on probation or other conditions that, upon successful completion, allow the individual to avoid a criminal conviction. However, while it does prevent an official conviction, it does not remove the arrest or charge entirely from one's criminal history. Step-by-Step Process of Adjudication Withheld Understanding the process of adjudication withheld clearly can help manage expectations: Charge and Plea: Initially, an individual charged with a crime must plead either guilty or no contest to the charges. Judge's Decision – Following the plea, a judge evaluates circumstances and may decide to withhold adjudication, typically based on the nature of the offense and the defendant’s background. Probation Period – The defendant then enters a probationary period, adhering strictly to terms outlined by the court, including regular reporting, community service, fines, and educational or counseling programs. Successful Completion – If probation terms are fully satisfied, no formal conviction is entered on the defendant’s record. Sealing your Adjudicated Withheld Record Your case is still visible on background check even if adjudicated withheld. Seal it now Successful Completion of Probation Successfully completing probation requires strict compliance with all probation terms, which typically include avoiding additional criminal charges, reporting regularly to a probation officer, fulfilling community service requirements, and attending any mandated educational or rehabilitative programs. Completing probation successfully means avoiding further legal consequences and retaining eligibility to seal your record in many cases. Violation of Probation (VOP) Violating any probation terms can lead to severe consequences, including revocation of withheld adjudication. In such cases, the court might reinstate the original penalties associated with the charge, which could lead to a formal conviction. Common violations include missing appointments with probation officers, failing drug tests, committing new offenses, or neglecting court-ordered programs. Who Qualifies for Adjudication Withheld? Eligibility for adjudication withheld in Florida depends on several factors, including: Nature and severity of the crime: Typically, minor or first-time offenses are more likely. Prior criminal record: Individuals with minimal or no previous criminal history generally have a better chance of receiving withheld adjudication. Compliance with statutory criteria: Florida Statute §921.0026 provides clear guidelines for qualifying, considering factors such as mitigating circumstances, the defendant's remorse, and the likelihood of rehabilitation. Judges have significant discretion in granting withheld adjudication, and the decision can often depend on the effective presentation of mitigating circumstances by experienced legal counsel. Benefits and Drawbacks of Adjudication Withheld   Benefits Drawbacks Avoid a formal conviction on your criminal record Still appears on background checks unless sealed Maintain certain civil rights (voting, firearm ownership) Potential negative impacts on employment, housing, and immigration Eligible for record sealing in many cases Possible federal or military implications Careful evaluation of these benefits and drawbacks is essential. While withheld adjudication can provide significant advantages, such as avoiding a formal conviction and retaining critical civil rights, the impact on future background checks and opportunities remains considerable unless the record is sealed or expunged. How Long Does an Adjudication Withheld Stay on Your Record? In Florida, adjudication withheld stays on the criminal record indefinitely unless it is sealed by court order. This means that unless specific legal steps are taken to seal the record, it persists in the criminal history. Although not a conviction, an adjudication withheld can affect several aspects of life, such as employment and housing background checks. Individuals should acknowledge its lasting presence on their record and explore sealing options to mitigate potential consequences. Impact of Adjudication Withheld on Criminal Record or Background Check Adjudication withheld significantly affects how your criminal record is perceived during background checks, impacting various life aspects: Impact on Employment Employers conducting background checks will see adjudication withheld entries, potentially affecting hiring decisions, particularly for sensitive roles or industries that prioritize clean criminal records. Impact on Housing Landlords often conduct background checks, and a record of an adjudication withheld may affect your ability to secure housing, especially in competitive rental markets. Impact on Gun Rights While adjudication withheld typically does not revoke firearm rights, certain serious offenses or specific probation conditions can restrict gun ownership. Impact on Immigration Withheld adjudication can have profound immigration implications, potentially affecting visa applications, green card processing, and citizenship eligibility. Can an Adjudication Withheld Be Expunged or Sealed in Florida? Adjudication withheld is a legal status in Florida that often allows individuals to seal their criminal records immediately upon completing their sentence or probation. However, it is essential to note that this status does not, in itself, qualify for expungement. Under Florida law (§943.0585), eligibility for expungement is primarily limited to cases that have been dismissed, in which the individual has been acquitted, or in which the prosecutor has officially dropped the charges. This distinction is essential for individuals seeking to clear their criminal history, as it can affect future job opportunities, housing applications, and other aspects of life. For more in-depth guidance on the process and requirements for sealing and expunging records in Florida, please visit our comprehensive Sealing & Expungement overview. Crimes Ineligible for Record Sealing Even With Adjudication Withheld Certain serious offenses, even if adjudication is withheld, are statutorily ineligible for sealing or expungement in Florida. These include violent crimes such as murder, sexual battery, child abuse, kidnapping, and other serious offenses listed explicitly in Florida Statute §943.0585. Consulting an experienced attorney can clarify your specific eligibility. Take Action: Seal Your Record Today Taking proactive steps to seal your record can safeguard your future, enhance privacy, and protect against unintended consequences. At Erase The Case, we specialize in helping individuals navigate Florida’s record-sealing and expungement process effectively and efficiently. Ready to clear your record? Contact Erase The Case today or utilize our eligibility test to get started immediately. FAQs Will an adjudication withheld show up on a background check in Florida? An adjudication withheld may still appear on a background check in Florida unless the record is sealed by court order. Can I own a gun with an adjudication withheld in Florida? Generally, an adjudication withheld does not disqualify a person from owning a firearm in Florida. However, certain cases may include probation restrictions. Violating these terms can lead to further consequences. Is adjudication withheld considered a conviction? Adjudication and conviction are distinct legal terms. While adjudication implies a judicial decision on a case, a conviction involves a formal declaration of guilt. Adjudication withheld means there’s no formal conviction, but the case is not dismissed. Can an adjudication withheld affect immigration status? An adjudication withheld can impact immigration status and proceedings. Individuals with immigration concerns should consult an immigration attorney to address specific implications. #### Can I Expunge My Assault and Battery Case in Florida? | What You Need to Know If you have a Florida criminal history record, you will know how it can affect your life. However, in some cases, your criminal record may be eligible to be sealed or expunged. The truth is that if you haven't been found guilty of a crime in Florida, you may seal or expunge your arrest record. Even if you have not been charged with a criminal offense, many criminal charges cannot be sealed or expunged. Section 907.041 of the Florida Statutes defines numerous criminal offenses that fall into this category. Suppose you pled guilty or chose not to contest an assault and battery charge. In that case, you may not seal or expunge the record, regardless of whether you were convicted of the crime. Contact Erase the Case criminal defense attorneys today to determine whether you are eligible to have a record sealed or expunged! What Does It Mean to Have a Criminal Record "Expunged?" When you have a criminal record, it is accessible to the public, so your criminal history will show up when applying for a job, and your employer does background checks. This could hinder your chances of employment and may even affect the odds of finding suitable housing in Florida. However, under Florida law, you can have your criminal history sealed, making it accessible only to other criminal justice agency members. A criminal history record sealed for more than 10 years will be eligible to be expunged or destroyed. Moreover, if the state attorney decides to drop the criminal charges, the record will be eligible for expungement. An expunged criminal record is erased or destroyed. The Florida Department of Law Enforcement will keep a copy of these criminal records that can be accessed in limited circumstances. This means that the criminal record will not be accessible to the public and will not have a negative effect on your employment options. DO I QUALIFY? Applying for Expungement for an Assault and Battery Charge No criminal charge can be expunged if it falls into one of the following categories: Aircraft piracy Theft or burglary Arson Battery Sexual Battery Assault Carjacking Child Abuse Sexual abuse of a child Florida Communications Fraud act violations Domestic violence Drug trafficking Abuse of the elderly Illegal use of explosives Homicide Kidnapping Lewd or lascivious acts on children or the elderly Manslaughter Obscenity Prostitution Public employee offenses Robbery and home invasion Stalking Sexual misconduct Terrorism Voyeurism However, if you have a criminal history record pertaining to assault and battery where the charges were acquitted, dismissed, or dropped, you may still be eligible to have the record expunged. On the other hand, if you pled guilty or did not contest your charges, your request for expungement will be denied. The best way to determine eligibility is to get in touch with a reliable and experienced criminal defense lawyer. At Erase the Case, we have dealt with thousands of criminal record expungement cases, so we have the experience and the know-how to determine your eligibility. DO I QUALIFY? Can I Have My Records Expunged Rather Than Sealed? The truth is that the only way to get your case expunged is if the state attorney drops the charges. Moreover, Florida law only lets you seal your records if you made a plea, and the judgment was withheld or if you ended up in court and were found to be innocent. You can then request to have your criminal record erased after 10 years of remaining out of trouble. However, sealing your records can still be beneficial, as these records will not show up when employers, colleges, and landlords do a background check. Need Help Getting Your Criminal Record Expunged? Every case is different, so we will need to meet with you to discuss the unique facts of your case to determine whether you meet the eligibility criteria following an assault and battery record. At Erase the Case, we have decades of experience dealing with assault and battery cases and pride ourselves on maintaining an excellent attorney-client relationship with everyone who walks through our doors. To find out more about our legal services or book a free consultation with an experienced criminal defense lawyer, call us today at 1-866-ERASE-FL! #### Can You Get A DUI Expunged in Florida? Yes, you can get a DUI expunged if the charges were dismissed. Florida law allows for the expungement of a DUI record if the charges were dismissed or you were not guilty. However, if you were convicted of DUI, expungement is not an option. The process involves petitioning the court and meeting eligibility criteria, including having no prior convictions or other expungements. Consulting with a DUI expungement lawyer can help navigate the complexities and increase the chances of a successful expungement. Adding to this, you must receive a withhold of adjudication to be able to file a petition to the Florida Department of Law Enforcement (FDLE) to seal your record if DUI records were reduced to careless driving. Read on and learn how to get a DUI off your record. What Is A DUI Expungement in Florida? The Florida law states that DUI, or driving under the influence, refers to operating a motor vehicle while under the influence of alcohol or drugs. According to Florida Statute 322.2616, it is unlawful for a person with a blood-alcohol or breath-alcohol level of 0.02 or higher to drive. Although Florida's legal blood alcohol limit is 0.08, impairment can happen at any degree of drunkenness. DUI is not only about drinking alcohol. If a motorist is under the influence of drugs, including illicit narcotics, prescription drugs, and over-the-counter medicines, they may be found guilty of DUI. A motorist may be charged with DUI if they take any substances that impair their judgment or response. So, can you remove a DUI from your record? Read on to find out. Difference Between Expungement and Sealing in Florida Both sealing and expungement prevent your criminal records from public access. However, there are key differences between the two. Sealing hides your records from the public. Your records still exist, and law enforcement or certain government agencies, like courts and licensing boards, may still be able to access a sealed record. On the other hand, expunging a record in Florida destroys it. Law enforcement and courts erase the arrest and charges if your record is expunged. The public, including employers and landlords, can no longer access your records. Only the Florida Department of Law Enforcement (FDLE) has a copy, but even this copy cannot be disclosed without a court order. So, can you get a DUI off your record? As long as you are acquitted of DUI, there's a chance you can. Consider hiring an experienced DUI expungement lawyer from Erase The Case to get your cases expunged in less than 5 months! Eligibility Requirements for DUI Expungement in Florida Before getting to know how to expunge your DUI, make sure you are familiar with the eligibility requirements of every state in Florida. Florida law provides the following eligibility details for DUI expungement: You were arrested or charged with DUI, but the case was dismissed. You were arrested or charged with DUI, but the charges were dropped or reduced. You do not have a prior conviction on your record. Wondering if you are eligible for expungement? Take 10 mins to take the test below to know if you are qualified for a DUI expungement in Florida Get Started! How To Expunge a DUI in Florida After you understand if a DUI can be expunged in Florida, here's how to get a DUI expunged in Florida: Step 1: Gather information and eligibility check First, collect any necessary evidence. That includes copies of court records and arrest records. Make sure you have all the paperwork you need for your DUI arrest and court case. Verify if your case qualifies for Florida's expungement laws. Step 2: File the petition Your lawyer will draft a petition that includes all of the evidence you need to support your request to have your record expunged. File your petition with the court and pay the necessary fees. Depending on the circumstances, you may need to give notice of your expungement request to the prosecutor's office and other relevant agencies. Step 3: Show up to court sessions Make sure you are ready for the hearing by gathering any additional supporting papers or proof. Your chances of a favorable result might be significantly increased by having an experienced DUI attorney on your side. Prepare a concise and compelling argument that shows your right to have your DUI record erased before the court. Step 4: Wait for the final verdict You will soon receive the court's decision. And if the expungement is granted, the court will issue an order to seal your record. Once the order is issued, your DUI record will be sealed, and it will not appear in background checks. If your expungement request is denied, you may have the option to appeal the decision. Consult with your attorney for the next step. Get your DUI expunged in just 3-5 months! We are proud to be the 5-star DUI expungement service in Florida Get Started What Are the Benefits of Expunging a DUI in Florida? At this point, you must understand when you can have a DUI expunged. Head on to learn the benefits of expunging a DUI and how it can safeguard your standing in the community: Better Housing Prospects: Landlords will run background checks on prospective renters, and a clean record will help you get chosen by many landlords. Better Employment Opportunities: Most companies don't hire employees with DUI conviction. That's why DUI expungement can help you get hired and be promoted. Improved Reputation: A DUI conviction may strain relationships, both personally and professionally. Expunging your records can help you regain others' trust. Peace of Mind: You may feel relieved and move on with your life without ever worrying about the past again if you have your DUI record expunged. How Long Does A DUI Stay on Your Record in Florida? Even though a DUI conviction in Florida is a misdemeanor, it will remain forever on your criminal record. Can a DUI be removed from your record? You are unable to conceal or expunge a DUI conviction from your record once you have been found guilty. Nonetheless, you have time to lessen the consequences of your DUI accusations before you are found guilty. How Long Does It Take To Expunge a DUI in Florida? How long a DUI can be removed from your record varies depending on whether you're looking for sealing or expungement in different states. The approximate time frame is between 5 and 7 months. Hiring an expungement attorney helps speed up the process. What Are the Challenges of DUI Expungement in Florida? Expunging a DUI in Florida will depend on whether your DUI charges are not proven guilty. The only challenge of DUI Expungement in Florida occurs if your DUI conviction is not eligible for reduction or if you are proven guilty. Expungement and sealing will no longer be possible. While the benefits of expungement are significant, there are also limitations and challenges to consider: Not All Records Are Eligible: As discussed earlier, not all DUI convictions are eligible for expungement. It's crucial to verify your eligibility before pursuing this option. Access by Certain Entities: Even if your record is expunged, certain entities, such as law enforcement agencies and government bodies, may still have access to your sealed records. Time-Consuming Process: The expungement process can be lengthy and requires careful attention to detail. Missing any steps or deadlines can delay or jeopardize your expungement. Legal Costs: Hiring a skilled DUI lawyer to assist with the expungement process can be costly. However, the investment is often worthwhile given the potential benefits of a successful expungement. FAQs Does a DUI go away after 7 years? In Florida, your DUI may stay on your driving record for 75 years. Criminal records in Florida remain in your record for life unless you expunge them. What happens if the expungement petition is denied? If the expungement petition is denied, can you get a DUI expunged from the record? If this happens, the criminal case would still be on your record. You may present an appeal or request alternative forms of relief, such as record sealing. Can a sealed record ever be reopened? Your sealed records can be reopened, even by you, under certain circumstances. Authorized agencies can still have access to your sealed records and reopen them. #### Certificate of Eligibility in Florida: How To Apply? Under Florida law, the first legal step to sealing or expunging your criminal record is securing a Certificate of Eligibility (COE) from the Florida Department of Law Enforcement (FDLE). This certificate confirms your statutory eligibility and authorizes you to petition the appropriate court. Without it, no sealing or expungement can move forward, even if your case qualifies on paper. This article provides a comprehensive breakdown of the FDLE expungement application, ensuring legal professionals and applicants understand the procedural requirements and common pitfalls to avoid. What is a Certificate of Eligibility in Florida? A certificate of eligibility in Florida is a required document should you wish to petition the court so they can release an order to seal or expunge your criminal history record. This is the first and foremost step needed to get your record sealed or expunged in Florida, according to FDLE requirements. Should you wish to proceed under either of these statutes, you are entitled to one court-ordered sealing or expungement in a lifetime. Applying for a Certificate of Eligibility in Florida Follow these simple steps to apply for an FDLE Certificate of Eligibility for expungement in Florida: 1. FDLE Expungement Application First, obtain the Florida expungement application form from the FDLE website. Additionally, you may also email the FDLE Seal and Expunge Section at SEinfo@fdle.state.fl.us, then request the application to be forwarded to you. Now, remember, you must fill out the application page with as much information as possible, including the following important information: Your last name Your first name Your date of birth Your race Your sex Your mailing address Your permanent address Your arresting agency Your date of arrest Your charge (s) Should you have been given an appearance notice and not arrested physically, you must indicate the date of the Notice to Appear in place of the date of arrest. Erase The Case simplifies the process by providing its own expungement application form, which can speed it up and save you time and effort. 2. Completion of the Written Certified Statement Page The next step is to complete the Written Certified Statement Page. However, this applies only to expunction applications, including those involving juveniles. Then, the appropriate state attorney or statewide prosecutor must complete the written, certified statement page. 3. Provision of a Certified Disposition Afterward, you must provide a certified disposition for every case or criminal charge listed on your application. You can acquire this from the county court clerk where your cases or charges originated. Should you be placed on probation, you must provide documentation of probation termination. Applicants for pre-trial intervention cases and other diversion programs must provide a copy of the pre-trial completion certificate or a letter of successful completion, which may serve as a substitute for a certified disposition. 4. Completion of Fingerprint Form or Card This step involves a member of an authorized law enforcement or criminal justice agency fingerprinting you. There will be a fingerprint form or card here, which includes your name, date of birth, signature, and date. It must also include the official's signature who took the fingerprints and the ORI or agency stamp. 5. Accomplishing the Processing Fee Lastly, you must submit a non-refundable money order, cashier's check, or personal check for $75, payable to FDLE, with your application. They will never accept cash, gift cards, or temporary personal checks. Be sure to fill out and sign the check or money order in its entirety. Common Mistakes When Applying for a Certificate of Eligibility While obtaining a Certificate of Eligibility may seem straightforward, many applicants encounter avoidable setbacks from minor but critical errors. Below are some of the most common mistakes we see at our firm, mistakes that can delay or derail your efforts to seal or expunge a Florida criminal record: 1. Submitting Incomplete or Incorrect Documentation Every application must include a completed form, a fingerprint card, and a certified copy of the case disposition. If any of these are missing, outdated, or improperly filled out, FDLE will reject the application. 2. Not Confirming Eligibility Before Applying Not every offense qualifies for sealing or expungement. Applying without first verifying your eligibility, especially if you have prior convictions or multiple arrests, can result in wasted time and unnecessary fees. 3. Errors in Case Numbers or Arrest Details Even small mistakes in listing the correct arrest date, case number, or arresting agency can trigger a denial. FDLE conducts a thorough review, and inconsistencies may be interpreted as inaccuracies or omissions. 4. Forgetting to Obtain the State Attorney's Signature (Expungement Only) If you are applying for an expungement, your application must be signed by the State Attorney or the Statewide Prosecutor. This requirement does not apply to sealing applications, but it is a common source of confusion and rejection. 5. Submitting Invalid Fingerprint Cards FDLE requires fingerprint submissions on a specific form, taken by law enforcement or an FDLE-approved provider. Cards that are outdated or not completed by an approved agency will not be accepted. 6. Assuming Juvenile Records Are Automatically Cleared Many individuals mistakenly believe that juvenile records are automatically expunged at age 18 or 21. In most cases, you must still go through the formal COE process to have these records removed. 7. Not Updating Your Mailing Address FDLE will send any correspondence, including deficiency letters and the final certificate, to the address listed on your application. If you move and fail to notify them, you may never receive critical updates. 8. Letting the Certificate Expire A Certificate of Eligibility is valid for 12 months. If you do not file your petition for sealing or expungement within that time, you will need to reapply and pay the processing fee. Important notes That may be the last step, but there are pointers to remember: If an attorney is the one representing you, a representation letter from them on letterhead should be submitted with your application. If the FDLE does not receive a letter of attorney, they will only correspond with you. Also, make sure the appropriate mailing address is indicated on this letter. Finally, you must obtain and keep a copy of all necessary documents - arrest report, certified disposition, order to seal or expunge, etc. - for your records before securing the sealing or expunction of your criminal history records. Seal & Expunge Your Record With Erase The Case Work with some of Florida's top expungement lawyers to ensure you don't miss any of the steps outlined above. Their services cover various aspects of the state's expungement procedures, including background checks and mugshot removal, no matter the offenses that have been labeled against you. Erase The Case can help. Find out if you qualify today. #### Citizen's Arrest in Florida (What Is It & How To Apply) One of the essential aspects of civic responsibility and legal empowerment is citizen's arrest in Florida. The thing is that understanding citizen's arrest is vital to uphold justice and ensure community safety. With this, civilians are allowed to detain individuals suspected of committing crimes until law enforcement intervenes. This article explores the nuances of citizen's arrest, covering its definition, legal implications, and practical application. Whether you're seeking clarity on the process or considering your role in maintaining law and order, this guide is for everyone. What Is a Citizen's Arrest in Florida? Florida citizen's arrest allows regular people to hold suspected criminals until the police come. This principle is based on common law and shows the state's commitment to community safety and active citizen involvement in law enforcement. But making a citizen's arrest means taking on big responsibilities and legal issues. To be lawful in Florida, a citizen's arrest hinges on individuals having reasonable grounds to believe that a crime has occurred and that the person being detained is the perpetrator. Any use of force during such an arrest must be proportionate to the circumstances, intended solely to prevent imminent harm or escape. Though citizen's arrest gives people the power to act against crime, it's crucial to be careful and work with law enforcement. This ensures justice is maintained within legal limits. What Is a Misdemeanor Citizen's Arrest? A misdemeanor citizen's arrest pertains to detaining individuals suspected of committing minor offenses or breach of the peace, which typically involve less serious infractions compared to felonies and are punishable by fines, community service, or incarceration for up to one year in county jail. Examples of misdemeanor offenses that may warrant citizen's arrest include: Disorderly conduct Petty theft Vandalism Certain traffic violations However, it's crucial to exercise caution and discretion when considering a misdemeanor citizen's arrest. Individuals must have reasonable grounds to believe that a misdemeanor offense has occurred and that the person being detained is the perpetrator. Additionally, any use of force during the arrest must be proportionate and necessary to prevent harm or escape. Misdemeanor citizen's arrests help community members enforce the law and keep order. However, it's important to prioritize safety and cooperate with law enforcement authorities. What Is Felony Citizen's Arrest? In Florida, a felony citizen's arrest refers to the apprehension and detention of individuals suspected of committing serious criminal offenses categorized as felonies. Felonies are crimes of a grave nature that typically carry higher penalties, including imprisonment for more than one year in state prison. Who can make a felony arrest? Felony citizen's arrests empower ordinary citizens to take immediate action when witnessing severe criminal activity that poses a threat to public safety or the well-being of individuals within their community. Examples of felonies that may warrant citizen's arrest include: Armed robbery Aggravated assault Burglary Homicide However, it's essential to approach felony citizen's arrests with caution and adherence to legal guidelines. Individuals initiating such arrests must have reasonable grounds to believe that a felony offense has occurred and that the person being detained is the perpetrator. Any use of force during the arrest must be proportionate and necessary to prevent harm or escape. While felony citizen's arrests emphasize the importance of community vigilance against serious crime, prioritizing safety is paramount. Collaborating with law enforcement authorities during the procedure is also advisable. How To Perform A Citizen's Arrest in Florida? Performing a Florida citizen's arrest requires a clear understanding of legal principles and adherence to established procedures to ensure the safety of all parties involved. Here are key steps to consider on how to perform a citizen's arrest: Probable Cause: Before initiating a citizen's arrest, there should be a probable cause; there should be a reasonable ground to believe that a crime has been committed and that the person to be detained is the perpetrator. This may involve witnessing the offense firsthand or having credible information supporting the suspicion. Minimal Use of Force: If physical restraint becomes necessary, individuals should use only the minimal amount of force required to detain the suspect safely. Using too much force can result in legal consequences and put both the person being arrested and the one making the arrest in danger. Contact Law Enforcement: Following the apprehension, it's imperative to contact local law enforcement authorities immediately to report the incident and hand over the detained individual to their custody. Police officers undergo training to manage arrests and ensure that correct legal protocols are observed.procedures are followed. Cooperation and Documentation: Throughout the process, it's essential to cooperate fully with law enforcement officers and provide them with all relevant information and evidence regarding the arrest. Documenting the events leading to the citizen's arrest can also help substantiate the legality of the action if challenged later. Legal Consultation: Getting advice from a qualified lawyer can offer valuable insights into the legality and possible consequences of a citizen's arrest. This helps protect the rights of the person making the arrest. Also Read: How Much Does It Cost To Expunge Your Record? By following these steps and exercising caution, individuals can make citizen's arrests responsibly and help maintain law and order in their communities. FAQ Can you make a citizen's arrest in Florida? Yes, Florida law permits citizen's arrests under specific conditions, but individuals must adhere to legal guidelines. When did citizen's arrest start in the US? Citizen's arrests trace back to English common law and have been recognized in the United States since colonial times. Has a citizen's arrest ever worked? Citizen's arrests have led to successful apprehensions. But then, outcomes may vary based on circumstances and adherence to legal procedures. #### Criminal Record Personal Expungement Letter Sample People who wish to expunge their criminal records would often construct an expungement reference letter to support their request. An expungement reference letter is written during the process of filing for expungement, which is submitted to the judge as an appeal for consideration for the defendant's criminal case and allows expungement. Your letter must be well-written and persuasive enough to make the judge favor your request for expungement. Regardless, this article can help you craft a well-written expungement letter if you follow through with the samples given. Read on! What Is A Personal Expungement Letter? A Criminal Record Personal Expungement Letter is a formal document requesting the sealing or removal of a criminal record. It should include the individual's name, case details, and reasons for seeking expungement, such as successful rehabilitation, completion of sentencing, or challenges faced due to the record (e.g., employment or housing difficulties). The letter should be polite, concise, and professional, emphasizing personal growth and the benefits of expungement. A sample could start with: "Dear [Authority], I am requesting the expungement of my record related to [case details] as I have demonstrated rehabilitation and positive community involvement." Learning how to expunge your record in Florida will help you better understand the intricate process involved with expungement. What Do You Write In An Expungement Letter? An expungement letter should include two letters: a letter of declaration, and a letter of reference to ensure an approved expungement request. Declaration Letter The declaration you will need to prepare is a letter where you write your experiences and reasons why the judge should consider the expungement of your case. The letter should include: A brief acknowledgment of your conviction, Description of your life circumstance at the time of conviction, What you have done since the conviction, Your goals and why you are applying for expungement. Reference Letter As for the expungement reference letters, the judge usually allows 3-5 people to testify for the defendant's said character. When starting the paragraph, introduce themselves to the judge first and discuss their relationship with you, The second paragraph highlights your virtues, which include honesty, dependability, and diligence. It ought to give examples that emphasize these good traits, The third paragraph goes into further detail on the reasons for having your record cleared and why doing so will make your life better. Make sure to read on to see expungement letter examples and character personal expungement letter samples. How Do You Write A Criminal Record Personal Expungement Letter? To write an expungement letter, you should never miss these information and elements below as they will be the key to your expungement success: Sample Declaration Date: [Current Date]Name: [Your Name]Address: [Your Address] Dear Your Honor, I am writing to formally request the expungement of my criminal conviction from [YEAR] for [OFFENSE]. I fully take responsibility for my past mistakes and deeply regret the impact they caused on others and my life. This conviction does not reflect the person I am today, and I humbly ask the court to consider my petition for expungement based on my personal growth and the changes I have made since my conviction. At the time of the offense, my life was in disarray. I was struggling with [briefly describe personal circumstances, e.g., substance abuse, poor decision-making], and unfortunately, it led me down the wrong path. I regret my actions deeply and the negative influence of those around me. It wasn't until after my conviction that I truly began to understand the consequences of my choices and committed to turning my life around. Since then, I have made significant improvements in both my personal and professional life. I successfully completed [educational milestone, e.g., a diploma, certificate], and I am actively involved in supporting my community. I regularly volunteer with [organization, cause] and work with others who are seeking rehabilitation from similar struggles. Additionally, I have taken on the responsibility of caring for my [family members, e.g., elderly parents], and I have embraced a more positive lifestyle through my involvement with [faith, community programs]. My future goals include furthering my education and pursuing a career in [desired field]. However, this conviction has presented barriers to achieving these goals. Expungement would allow me to move forward in my career and provide a better life for my family. Therefore, I respectfully request that the court grant my expungement petition, allowing me the opportunity to continue contributing positively to society and achieve my personal and professional goals. Thank you for your time and consideration of my request. Sincerely,[Your Name][Signature][Date] Reference Letter Sample Ask at least 3 persons to write you a reference letter for expungement or character letter for expungement. Make sure to ask them to include your good traits and actions. Here is the sample: Date: [Current Date]Name: [Your Name]Address: [Your Address]Phone Number: [Your Phone Number] Dear Your Honor, I am writing this letter in support of [NAME], whom I have known for [number of years] as [describe your relationship, e.g., a neighbor, a colleague, a fellow member of our church, etc.]. Throughout the time I have known [NAME], I have seen them demonstrate integrity, kindness, and a genuine commitment to bettering themselves and their community. [NAME] has always been willing to lend a hand to those in need and has been a dependable and active part of our community. Whether it's [provide specific examples of contributions, such as volunteering, mentoring, or other positive community activities], [NAME] has shown a strong desire to help others and make a positive impact. I am aware that [NAME] has faced legal challenges in the past, but I have seen firsthand how they have worked to turn their life around. I trust [NAME] fully and believe they have grown from their experiences. Given the opportunity, I have no doubt that [NAME] will continue to make the most of this second chance and remain an asset to the community. In my personal experience, [NAME] is a responsible, trustworthy individual who has worked hard to move forward in a positive direction. I sincerely hope that the court will take this into consideration and grant [NAME] the opportunity for a fresh start. Sincerely,[Your Signature][Your Name][Your Title (if applicable)] Who Should Write Your Expungement Reference Letters? Your recommendation letters should be written by someone who can provide the court with beneficial information about you. Here's a list of people you can ask for a recommendation letter: Relatives Therapists Sponsors Supervisors Case managers Instructors coworkers Friends and Neighbors members of the church Fellow volunteers Members of the community What Are Additional Documents To Be Included (if possible)? Copies of diplomas from school you have completed Copies of certificates from programs you have completed Copies of awards you have received Copies of newspaper articles featured in Any other documents you think show off your good character character Also read: How To File Expungement Application in Florida Where To Send Your Letters and Documents? Please submit your letter of expungement to the county that asked for them. Their contact details are available on the county's legal assistance and public defender contact page. Until all of your referral letters have been received by your attorney, your case is on hold. Struggling With Self-expungement? Let Us Help! Expungement of criminal records is a very difficult process that consumes lots of time. Although self-expungement can help you with the cost, legal assistance from a skilled expungement lawyer will help you ensure that your legal documents are taken care of, making the expungement process much faster. Contact EraseTheCase about your queries regarding expungement. #### Do Background Checks Show Employment History? Employers can use background checks to see your work history with the help of an employment background check service that gives companies access to an applicant's past. That usually includes data from credit checks, drug testing, criminal records, education verification, and past employment history. It is done during a job application. Although this data is openly accessible to everybody, compiling it might be difficult. Exactly for this reason do these services exist? Employers may access all of the data at once with them, enabling them to confirm the accuracy of the information on resumes Your former employment history and criminal record are among the details uncovered by an employment background check. To screen job seekers, seven different types of background checks are frequently utilized. Employers will not be able to see all the information about a person such as disability or genetic information Do Background Checks Show Employment History? Background checks often reveal a person's employment history, serving as a tool to confirm the accuracy of the information provided on a CV or job application. Specifically, an employer's background check can uncover: Positions held at previous companies Dates of employment Job titles Reasons for leaving (as stated by former employers) Typically, background checks cover the past seven to ten years of employment history. However, certain industries, like financial services, may conduct even more extensive checks. It's essential to note that a criminal record can negatively impact your job prospects. Take the first step toward clearing your background check and gaining a second chance in life today! Bad background gone, better employment opportunities. Let us help remove your bad background that prevents you from getting better employment! Get Started! What Employers Can't See On Your Background Check? Employers will not be able to see a person's disability or genetic information (including family medical history) by the Equal Employment Opportunity Commission (EEOC). Employers must avoid discriminating against employees based on age (40 years or older), disability, genetic information, race, color, national origin, sex, or religion. Why Should You Have a Clean Background Check? Having a clean background secures promotion or job positions. Employers run background checks to verify the potential employer's qualifications during the initial stage of hiring. That is to ensure the company's safety and reputation. Background Check Duration Background checks generally take two to five business days to complete, depending on the specific service used. Factors such as the complexity of the check, like criminal history, employment verification, or education confirmation, can influence the timeframe. Delays may occur if the subject has lived in multiple locations, as this requires contacting different jurisdictions. Always consult with the provider for specific timelines. Read on: Background Check Timeline: How Long Does It Take? Hiring a Background Check Removal Lawyer If your criminal record is showing up in background checks, even after an expungement or dismissal, you need more than a DIY solution. A background check removal lawyer can help you take control of your digital footprint and ensure your past doesn't keep holding you back. At Erase the Case, we specialize in clearing your name from private databases and enforcing your rights under Florida and federal law. From start to finish, we handle the legal process so you don't have to. Why Hire a Background Check Removal Lawyer?We guide you through expungement or sealing first (required by law) We notify and follow up with major background check companies We monitor for future reappearance and re-listing We use the Fair Credit Reporting Act (FCRA) and Florida laws to enforce your rights We make the process efficient, confidential, and stress-free Don't leave your future up to chance. Let us help you remove outdated or incorrect records for good. 👉 Learn more about our Florida Background Check Removal Services #### Do Expunged Records Show Up on Background Checks in Florida? When a record is sealed, the documents still exist but are protected from public view. During a background check, employers do not have access to your criminal history. Only authorised law enforcement agencies are permitted to view expunged records in Florida. In contrast, an expunged record is completely erased, leaving no legal documentation of your criminal history. However, certain entities may retain limited access to these records under specific legal circumstances. This article will explain which entities can access your expunged or sealed records in Florida. Read on! Do Expunged Records Show Up On a Background Check in Florida? In Florida, expunged records will not appear on background checks conducted by government agencies unless the agency is among the few specified in Florida Statutes § 943.0585. Those agencies may still access the record under limited and confidential circumstances. However, expungement does not automatically remove your record from the databases maintained by private background check companies. These private data brokers often collect and store public records or mugshots before expungement, and they do not receive automatic updates when a record is later expunged. As a result, unless you take proactive steps to notify and request removal from these private entities, your expunged charge may still appear in commercial background checks run by landlords, employers, or third-party screening services. To fully clear your background, additional work is often required to identify the private background check companies that have your information and submit removal or update requests to each one individually. This process, commonly referred to as background check removal, is a crucial follow-up step after expungement to ensure your record does not continue to cause issues in housing, employment, or other areas of life. Also Read: Do Your Expunged Records Show Up on A Fingerprint Background Check? Who Can Still See Your Expunged Records in Florida? According to Florida Statutes 943.059 and 943.0585, under some circumstances, public government agencies, including law enforcement agencies, criminal justice agencies, and some state licensing boards, can still access your expunged records. Additionally, private background check companies that obtain information about your record before it has been expunged also retain access to it and may use that information for commercial purposes if you don't send them a takedown request. Here are the entities that gain limited access to your expunged or sealed records in Florida: Public Entities Those seeking employment or licensing with any of the below, or applying to a criminal justice agency themselves, need to be aware that these entities might see their expunged records: Criminal justice agencies (courts, law enforcement agencies, prosecutors, FDLE itself, prison/jail systems, Dept of Juvenile Justice) Department of Children and Families (DCF) Agency for Health Care Administration Agency for Persons with Disabilities Department of Education Department of Juvenile Justice Florida Bar Division of Vocational Rehabilitation (Dept. of Education) Local governmental entities that license child‑care facilities Division of Insurance Agents and Agency Services (Department of Financial Services) Applicants for concealed weapon/firearm license by the Department of Agriculture & Consumer Services Contractors or licensees working with children, developmentally disabled persons, or elderly persons Private Entities Once a criminal record is expunged, private companies cannot legally access sealed or expunged information, and you can lawfully deny the existence of the record. However, many of these platforms (especially mugshot sites and non-FCRA-compliant brokers) may retain outdated or cached records, even after a case is expunged or sealed. In this case, you may need to send a DMCA takedown, FCRA dispute, or legal removal request to force deletion or correction. Some of the most popular private background check entities in this case include: TruthFinder BeenVerified Instant Checkmate GoodHire Intelius Overall, your expunged record can be legally accessed only by certain government entities under specific confidential circumstances. For private companies, to minimise the risk of them forgetting to remove your criminal arrest record, it's essential to take additional steps by submitting legal takedown requests to all background check companies. This process can be time-consuming and exhausting, and you may unintentionally overlook some companies. The best solution is to apply for background check removal services to ensure your criminal record is completely removed from the internet after the expungement. Your background check holds you back? Let us help remove your bad background check in just 03 months Get Started! Do I Have to Disclose an Expunged Record in Florida? In Florida, you typically do not have to disclose an expunged record on job applications, rental agreements, or other forms requiring background information. However, there are exceptions for certain fields, such as law enforcement, education, and roles requiring state or federal security clearances. These positions may still require disclosure of expunged records. Understanding specific disclosure requirements is crucial for compliance. According to Florida Department of Law Enforcement, here are five circumstances which you need to reveal your expunged records: Government Jobs and Specific Professions: Careers in law enforcement, education, or those involving childcare or eldercare require you to know about your entire background. Disclosing the expungement during the application process ensures transparency. Court Proceedings: The justice system prioritizes truthfulness. Depending on the legal case, expungement disclosure might be mandatory. Professional Licensing: Certain professions have stricter requirements. If you're applying for a professional license, disclose the expungement to avoid any complications. Firearm Purchases and Concealed Carry Permits: Background checks are a must for gun ownership. Expungement disclosure might be necessary when purchasing a firearm or applying for a concealed carry permit. Running for Public Office: Public trust is paramount in politics. Depending on the office you seek, disclosing the expungement might be necessary to maintain transparency with voters. Remember, if you're unsure about a specific situation, consulting a trusted Florida expungement lawyer is always a wise move. How to Fully Protect Your Expunged Records Understanding exactly who can access your expunged records and taking timely action to address potential vulnerabilities helps ensure complete confidentiality. Leveraging professional services tailored to remove outdated or incorrect records ensures your expunged information remains secure and confidential, safeguarding your reputation and enabling you to move forward confidently. Ready to fully protect your expunged records? Visit our Florida Background Check Removal service page to start safeguarding your privacy today. Contact Erase The Case Have questions or need assistance? Reach out for a free consultation: 📞 Phone: 1‑866‑372‑7335 📧 Email: lawyer@erasethecase.com Expunge Your Records in Less Than 5 Months? Over 85% of our cases are expunged from 3-5 months (data proven) Expunge Now! #### Do Expunged Records Show Up On Fingerprint Background Check? When it comes to background checks, especially those involving fingerprints and FBI checks, the question: "Will an expunged record show up on a background check?" is a common concern. People who have had criminal records expunged in Florida frequently ponder whether their previous errors may resurface in the context of a background check. This article explores the intricacies of expungement, finger printing background checks, and what you need to know to protect your privacy and prospects. Do Expunged Records Show Up On FBI Background Checks? Expunged records can, in some cases, appear on FBI background checks, especially those conducted by law enforcement or certain government entities.. While expungement is meant to remove or restrict access to criminal records, the effectiveness of the process varies by jurisdiction. Here's why: Fingerprints are Physical Records: Your fingerprints are stored in law enforcement databases at the time of arrest. Expungement doesn't erase these physical records. Level of Background Check: Standard background checks might not reveal an expunged record. However, in-depth fingerprinting, like those done for certain jobs or licenses, can connect your fingerprints to a previous arrest, even if expunged. Law Enforcement Access: Law enforcement agencies may still have access to expunged records for specific purposes, even if they don't show up for employers. FBI background checks, particularly those using Live Scan fingerprinting, are comprehensive and can uncover expunged records. However, legal protections may prevent employers from considering expunged convictions during hiring. Want to remove your bad background check? Read on How to Remove Criminal Records from Background Check Do Sealed Records Show Up On FBI Background Checks? So, do sealed records show up on fingerprinting? Sealed records may also be visible on FBI background checks, primarily through Live Scan fingerprinting. Sealing is a legal process intended to restrict access to certain criminal records, but it doesn't always guarantee complete confidentiality. If you're wondering, "Will a sealed record show up on an FBI check?" the answer is that like expunged records, sealed records can become accessible in particular circumstances, such as during applications for specific employment positions or security clearances. Understand the differences between expunged & sealed records is one of the first step to removing your criminal footprints from background check systems. CLEAN YOUR RECORD NOW Why Would You Get an FBI Fingerprint Check? There are several reasons to undergo an FBI fingerprint check. These checks are commonly required for employment in law enforcement and security. Licensing in certain professions, immigration processes, adoption or foster care evaluations, reviewing one's criminal record, and obtaining security clearances are other instances where an FBI fingerprint check may be necessary to assess an individual's suitability or eligibility. 2 Different Types of Background Checks There are two primary types of standard background checks- Social Security Number and fingerprint-based checks. Social Security Number (SSN) Checks Many employers hire third-party agencies for background checks, relying on personal data like your name, birth date, and SSN. It's important to note that these agencies often access various resources, including court records and public and private criminal databases. Fingerprint-Based Checks These can be conducted using either ink fingerprinting or Live Scan fingerprinting. Live Scan is the preferred choice for its accuracy and widespread use. 1. Live Scan Fingerprinting Live Scan captures your fingerprints electronically and submits them to government entities for a thorough background check. Unlike SSN-based checks, Live Scan checks are more comprehensive and can reveal even expunged records. 2. Coverage and Exceptions Typically, live scans cover criminal convictions within the last seven years, except for certain law enforcement roles that may require a more in-depth review, such as a Level 2 FBI check. The latter can expose all details on your record, including expunged records. This is particularly relevant for positions involving children or the elderly. Yet, if you're wondering, "If my record is expunged will I pass a background check?" The answer is generally yes; an expunged record is likely to pass a background check. 3. Legal Protections and Disclosure Employers are generally prohibited from asking about arrests that did not lead to convictions. Importantly, individuals are not obligated to disclose information about expunged records. In California, specific labor codes, such as under the California Labor Code 437.2 (c), prevent employers from considering expunged convictions during the hiring application process. 4. Written Approval Keep in mind that a background check is conducted only with the applicant's written approval. Your permission is always required for an employer to initiate a background check on you. 5. Caution with Third-Party Agencies While third-party agencies are commonly used, their reports may contain outdated or incorrect information. It's advisable to exercise caution when choosing such agencies. For the highest level of accuracy in your background check, consider turning directly to law enforcement agencies like the Department of Justice (DOJ) and the FBI. Protect Your Expunged Records from Unexpected Exposure While FBI background checks have unique rules regarding expunged records, private background check providers might still inadvertently display your sealed or expunged records, causing unnecessary complications in your personal and professional life. To eliminate this risk and ensure complete confidentiality, consider our specialized Florida Background Check Removal attorney. Contact Erase The Case Have questions or need assistance? Our experienced team is here to help. Phone: 1-866-372-7335 Email: lawyer@erasethecase.com Free case review: Take The Test Reach out today and secure your privacy with Erase The Case. FAQs Will an expunged record appear on a Florida Level 2 background check? The specifics of background checks can vary by state and jurisdiction. Consult with local authorities or legal experts in Florida for precise information. Do I have to disclose an expunged record in Florida? In most cases, you are not required to disclose expunged records to potential employers or other parties. How long does it take for your record to clear after expungement in Florida? The time it takes for an expungement to take effect can vary, but it is generally a relatively quick process, if you choose Erase the Case. Consult with local legal experts to expunge your case now. How far back does Florida's background check go? The scope of background checks in Florida can vary, but typically, they include criminal convictions and may go back several years, depending on the type of check and the purpose. #### Do I Need an Expungement Lawyer in Palm Beach? A lapse in judgment that results in criminal charges doesn't have to damage your reputation for the rest of your life. State law permits people to have their records expunged or sealed for specific offenses. You must have no past convictions on your criminal record to qualify for expungement or sealing. Furthermore, you are only allowed to employ this State-granted permission once in your lifetime. Many individuals are unaware of the distinction between having their record sealed and having it purged. Our expungement attorneys in West Palm Beach are familiar with these crucial variations and can use either approach in your case. What Is Expungement? Expungement is the process of physically destroying your criminal records so that they are no longer accessible to the public, prospective employers, as well as public background checks. The Florida Department of Law Enforcement is able to keep a copy of the record as a result of this procedure (FDLE). This information can only be shared with law enforcement. When a record is purged, the relevant aforementioned institutions ( the Florida Law, criminal justice agencies, and so on) are notified; however, they don't have access to the real record. If an individual is not engaging with any of the above organizations while expunging or sealing, they may legitimately deny or omit to recognize the actions covered by the expungement or sealing. Apart from circumstances involving the aforementioned organizations, when your criminal record is expunged or sealed, it reverts to the state it was in prior to the criminal act. If you want to clear your record, an attorney in Palm Beach can assist you with the expungement procedure. DO I QUALIFY? Record Sealing A sealed record suggests that a court can order a criminal record to be closed, making it inaccessible to future employers, the public, or a public background check. Nevertheless, the presence of a criminal record (but just not the precise contents) might still be revealed if: A sealed record suggests that a court can order a criminal record to be closed, making it inaccessible to future employers, the public, or a public background check. Nevertheless, the presence of a criminal record (but just not the precise contents) might still be revealed if: You're looking for a job with a criminal justice agency; You're facing criminal charges in the near future; You want to be certified to practice law by the Florida Bar in the state of Florida; You want to work for the Agency for Health Care Administration, the Department of Children and Families the Agency for Persons with Disabilities, or the Department of Juvenile Justice; You want to work for the Department of Education, certain kinds of private schools, public schools, or child care facilities; You're looking for work or a way to go to one of the seaports in Florida; and/or You want to buy a firearm When Is Someone Eligible for Expungement? A claim needs to meet all of the following criteria to be eligible for expungement in West Palm Beach, Florida: The petitioner had no prior criminal charges The charges were acquitted, dismissed, or dropped The petitioner hasn't sealed or expunged another criminal conviction in Palm Beach County, Florida - with the exception of criminal records that have been sealed for 10 years. Furthermore, certain charges might not be eligible for expungement. Crimes involving domestic abuse, illicit sexual behavior, any violent acts such as battery and assault, crimes against children, and the trafficking of controlled substances are all ineligible for expungement. A petitioner needs to first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement in order to start the expungement procedure. An attorney in West Palm Beach can assess if a person's charges fit the criteria for expungement. The certificate doesn't guarantee that the record is going to be sealed or expunged. If it's granted, nevertheless, the certificate is going to indicate that you are eligible to petition the judge for a sealing or expungement of your criminal records. The court has the last say on whether or not to grant the application. DO I QUALIFY? Contact an Expungement Lawyer in West Palm Beach County A competent West Palm Beach County criminal defense attorney can assist you in keeping your previous run-ins with the law as private as possible. Your criminal history record is open to the public in Florida. Moreover, not only is this record made if you're convicted but it's also established if you're simply fingerprinted and arrested. The outcome of the arrest is included in the record, as well as whether you were acquitted or convicted, and whether the charges were dropped. If your criminal history record has harmed your potential to get work or find accommodation, you should speak with a knowledgeable West Palm Beach criminal defense lawyer about your possibilities. You might be able to have your criminal record expunged or sealed based on the facts of the case. #### Does a Failed Drug Test Show Up On a Background Check in Florida? Drug testing in the workplace is a crucial part of maintaining a safe and compliant environment for employees. However, you might wonder what will happen if you fail a drug test. Does it have a long-term impact on background checks? Failed drug tests won't appear in any criminal background checks in Florida, however, there are still circumstances wherein it may influence your perceived employment opportunities. Therefore, understanding their implications is important to help employers and employees navigate these situations effectively. Types of Drug Screenings Employers have different ways for drug testing to detect the presence of substances in a candidate's or employee's body. These could be as follows: Saliva Testing: Cheaper than other types of drug testing, also offers immediate results within just 5-48 hours. However, it is also the least reliable one among the other methods. Urine Testing: Can detect recent and past substance use. Thus, it is commonly used for pre-employment screening. Hair Follicle Testing: Suitable for long-term substance use as it offers up to a 90-day detection window. However, it is more costly than the others. Blood Testing: This is a little bit more invasive and expensive, although it is one of the most highly accurate methods that detect current or the most recent drug usage. What Happens If You Fail a Drug Test at Work? If you happen to fail a drug test while you are employed, there are various consequences that you'd be facing but it all depends on the company's policy about drug use and Florida law, some of which are the following: Zero-Tolerance Policies: Some companies have a strict drug-free workplace policy, and failing a single drug test could ruin everything! Companies or employers who have a zero-tolerance policy are quite strict about implementing their sanctions and directly terminate employees from their positions. Rehabilitation Options: Not all employers are as strict as others. Certain employers do not resort directly to termination but give employees the chance to redeem themselves. Employees often offer treatment programs and rehabilitation actions for drug-positive employees to help them recover. This is especially common for first-time offenders. State Laws: Florida allows employers to establish their policies about the use of drugs, in short, they have the freedom to either accept candidates with a history of drug use to be employed in their company or ban it completely and implement a drug-free workplace policy, but even though Florida law allows such actions they must adhere to some grounds about the Florida Labor Laws in regards to drug testing for employment, as employees also hold rights under the same federal law. One example of this is the ADA or Medical Use of Marijuana in Florida which states that those with medical conditions such as Cancer, Epilepsy, Glaucoma, etc. are allowed to use Marijuana for medical purposes. Employers must always document these actions appropriately and comply with all relevant regulations. Does a Failed Drug Test Show Up On a Background Check in Florida? The answer to this question is NO. Failed drug tests do not necessarily appear on any background checks because they are not considered to be a criminal record. However, there are still certain exceptions for this: DOT-Regulated Positions: Jobs that are regulated by the Department of Transportation (DOT) keep track of failed drug tests and record them in the Drug and Alcohol Clearinghouse. This is also accessible for future employers for up to five years. Employer Records: Certain employers maintain internal records of failed drug tests. This influences their rehiring process, however, this information is not being disclosed to any kind of external parties. Job seekers and employers alike must understand these nuances as it will help them both ways. Can Previous Employers Disclose Failed Drug Test Reports? While it is not completely legal for previous employers to legally disclose a drug result of employees, there are certain circumstances wherein they can do so. Most employers who privately own their companies are not allowed to disclose any drug test results on the background check of an employee. However, if the desired position is government-owned, employers are required to know whether or not the employee has a history of failing a drug test, and they can legally seek this information. If the employee has been involved in a criminal conviction because of drugs, or the drug result is part of a criminal investigation, these records will be publicly available and can be viewed by anyone, including employers who want to do a background check. The law of Florida does not allow the disclosure of failed drug test results unless there is written consent signed by the person himself. However, industries such as transportation and other safety-sensitive positions may verify previous drug test results during the hiring process. What Happens If You Fail a Drug Test but Have a Medical Card in Florida? While medical marijuana is deemed legal in Florida, this still does not guarantee that you have any job protection. Employers have different policies about the use of marijuana and drugs. Even though a medical marijuana card is issued for a patient, there are a lot of employers who disregard that one due to their strict adherence to their drug-free workplace policies. Thus, having a marijuana card, in some cases, could still cause some consequences. In connection to this, the employees have the right to request an accommodation under the ADA or Florida Medical Marijuana Law but not all roles can be accommodated by this. Again, there are safety-sensitive positions that will still require strict adherence to drug test results. To maintain understanding between employers and employees, both should engage in open regulation and clarify these rights and expectations. Does Failing a Drug Test Disqualify You From Employment? You can be disqualified from your employment if you fail a drug test. Certain occupations require passing the test as a condition for the job. However, during a drug test, the employer must follow policies that are set by federal law and state guidelines. This will ensure that the results of the test are just and fair for all candidates. Each candidate has the right to contest or to explain their side about their drug test result, especially because there are occurrences of false positives at times. By doing this, the candidates are given a chance to correct any misunderstanding or error about the test. In Florida, the results of the drug tests are influenced by the employer's policies and the role requirements. While employers have the right to determine how a result should impact the hiring decision, it is important to note that they too should also operate by complying with the boundaries of rules and regulations set by the state about drug testing. Clear Your Bad Background With EraseTheCase If you are struggling to get a job because of your failed drug tests or other similar issues, you can seek help at EraseTheCase to clear your bad background check. We will navigate background checks and clear you from any negative records. Although failed drug tests are not commonly included in any background reports, addressing these kinds of challenges will still improve your chances of landing a good employment opportunity in the future. Related articles     Background Check Topics Understanding Level 1 Background Checks in Florida Read More » David Weisselberger October 31, 2025     Florida Expungement Topics Seal and Expungement Application Form Read More » David Weisselberger October 31, 2025     Background Check Topics How To Get Mugshot Removed From Google? Read More » David Weisselberger August 15, 2025 #### Expungement vs. Sealing in Florida: Key Differences Explained Key Takeaways Expungement results in the destruction of the record, erasing it from public view. Limited disclosure requirements and access to criminal history data still apply with some government agencies. Sealing hides the record from public view, but law enforcement can still access it for legitimate criminal justice purposes. Sealed records can also be used in future prosecutions for related offences. In short, expungement and sealing both offer a "fresh start" with various technical legal limitations. In Florida, both record expungement and record sealing offer a fresh start, treating the offence as if it never occurred, though there are key differences. Expungement in Florida destroys criminal records, while sealing keeps them under court order, both of which render the records confidential under Florida's Constitution. However, sealed records can still be accessed under extraordinary circumstances. Understanding these options can help safeguard your reputation, maintain privacy, and create new opportunities. This article will outline the essential factors and legal considerations of expungement versus sealing in Florida to guide your decision-making. What Are the Differences Between Expungement and Sealing in Florida? The main difference between expungement and sealing in Florida is how your criminal record is handled. Expungement permanently destroys the record, making it invisible to the public and almost all agencies, with only the FDLE keeping a confidential copy for limited use. Sealing keeps the record intact but confidential—it’s hidden from public view and accessible only to specific government agencies or by court order. Both block private employers and background-check companies from seeing the case, but sealed records remain viewable to certain authorities, including law enforcement, licensing boards, and the Florida Bar. Under Florida law, these are the two legal methods for restricting public access to criminal history records. Each serves a different purpose and has its own effect on eligibility, visibility, and long-term privacy. The comparison table below summarizes their core differences. Dimension Expungement Sealing Legal effect Record destroyed by agencies; FDLE retains a confidential copy Record kept but made confidential Public access Removed from public view and routine background checks Hidden from public view; accessible to specified agencies Eligibility Criteria Requires dismissal, dropped charges, or a not-guilty verdict. Applies when adjudication is withheld (no formal conviction). Effect on Background Checks Highest protection against private screeners; cleanup still needed for data brokers Nearly identical outcome with private screeners; lawful state queries can still view Disqualifying offenses Dismissed charges qualify unless otherwise restricted by law. "Dangerous crimes" are not sealable even with a withhold Judicial discretion Judges may approve or deny; dismissals and acquittals are more favourable. Judges may deny on grounds of case facts or public interest; state objections are common. Best for Maximum privacy when charges were dropped or you were acquitted Withholds on non-disqualifying charges needing confidentiality fast Impact on Life Offers the strongest privacy and best chance to pass background checks for jobs, housing, licensing, and education. Provides similar relief but with limited government visibility. Public access In Florida, expungement and sealing restrict public access to criminal records, but expungement offers greater privacy. A sealed record remains available to certain government entities, while an expunged record is mostly destroyed, with only a confidential copy kept by the Florida Department of Law Enforcement (FDLE). Thus, expungement provides stronger protection against future disclosure. Expungement provides a thorough removal of criminal records, offering significant benefits to your life. For more information, read on: 5 Amazing Benefits of Expungement in Florida. Eligibility Criteria Although both expungement and sealing are tools for clearing your criminal record in Florida, the eligibility requirements differ significantly. Understanding these differences is critical when determining which option applies to your case. Eligibility for Sealing You are eligible to seal your record if: You received an adjudication of withheld. The charge is not on the list of disqualifying offenses under Florida Statutes You have never previously sealed or expunged another criminal record in Florida Your case resulted in a plea, dismissal, or other non-conviction resolution Eligibility for Expungement You are eligible to expunge your record if: The charge was dismissed, nolle prosequi, no action filed, or you were acquitted/not guilty at trial The charge is not on the list of disqualifying offenses You have never previously sealed or expunged another criminal record in Florida (with few exceptions for juvenile expungement) You first obtain a Certificate of Eligibility to Seal, and then, after sealing the record for 10 years, you may qualify for expungement - unless the case was dismissed from the start. Effect on Background Checks Expungement and sealing limit public access to your criminal record, but they do not automatically erase it from all background checks. Even after your record is cleared through the courts, private background check companies may still display outdated or cached information. Expungement offers the highest level of protection; most records are physically destroyed, but sealing only hides them from public view. However, both can leave behind a digital footprint that continues to cause harm. To ensure your past stays in the past, many clients turn to our Florida background check removal service for complete, lasting privacy across the internet. Also read: Entities That Might Can See Your Sealed/Expunged Records. Disqualifying offenses Under Florida law, certain offences are considered so serious that they do not qualify for sealing, even if adjudication was withheld. If the charge is dismissed or dropped, you still qualify for expungement. Below are the disqualifying offences: Sexual misconduct (including any offence that requires registration as a sex offender) Violent crimes, such as homicide, manslaughter, aggravated battery, or aggravated assault Offences involving minors, such as child abuse, child pornography, or lewd and lascivious conduct Certain offences involving domestic violence or stalking Terrorism-related crimes and specific firearm offences Judicial Discretion and Court Procedures Although expungement and sealing both require court approval, the judge's role and procedural nuances differ between the two. Understanding these distinctions is essential when preparing a petition and advising clients. Judicial Discretion in Sealing Judges have discretion to grant or deny a petition to seal, even if the applicant meets all statutory eligibility requirements. The court may consider the nature of the offense, the defendant's criminal history, and public interest concerns. A hearing is often required, especially if the State Attorney objects. Petitioners must file a verified petition, along with the Certificate of Eligibility from FDLE, and serve all parties, including the State Attorney. Judicial Discretion in Expungement Judicial discretion also applies to expungement petitions, but courts are typically more favourable when the case was dismissed, nolle prosequi, or resulted in an acquittal. Judges are still permitted to deny the petition on public safety or policy grounds, though denials are less common when the record was never prosecuted. Like sealing, expungement requires a Certificate of Eligibility, a verified petition, and notice to the State Attorney. A hearing may be waived in uncontested cases, but the judge may require one. Impact on Life Both sealing and expungement offer meaningful relief for individuals with a criminal record, but expungement provides the most complete fresh start. These legal remedies affect more than just employment-they influence housing, education, reputation, and peace of mind. Impact of Sealing Sealing a record can significantly reduce barriers in daily life. Background checks for housing applications, private employment, and school admissions typically won't reveal a sealed record. However, certain state agencies, law enforcement, and licensed professionals may still access the record, which can limit some opportunities. The record still exists in court files and law enforcement systems, though it is not publicly accessible. While it offers protection, sealing may not fully erase the social or reputational consequences if the arrest was high-profile or widely reported online. Impact of Expungement Expungement offers the highest degree of legal and practical relief. Once granted, most state and local agencies physically destroy the record. You can lawfully deny the existence of the case in almost every context, including employment, housing, loans, and education. Expungement reduces the risk of stigma, online exposure, or unfair treatment due to past accusations. It provides a true sense of closure for many clients, allowing them to move forward with confidence and peace of mind. For me, whether you qualify for sealing or expungement, both provide a powerful opportunity to remove your record from public view. However, important legal distinctions remain, and given that this is often a once-in-a-lifetime remedy with permanent consequences, representation by an experienced expungement attorney is essential. Ready to Clear Your Record? Let Us Help You Move Forward Understanding the difference between expungement and sealing is the first step; taking action is what truly changes your future. At Erase The Case, we help people across Florida navigate this complex process with confidence. Whether you're eligible to seal or expunge your record, or you're unsure where to begin, our legal team will guide you every step of the way. Don't let a past mistake continue to limit your opportunities. Contact us today for a confidential consultation and find out how we can help you clear your name and reclaim your future. 📞 Call us now at (866) 372-7335📧 or email us at lawyer@erasethecase.com 📄Free Eligibility Test Available #### 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. Table of Contents Toggle What Are the Advantages of a Sealed or Expunged Record in Duval County? The Sealing or Expungement Process in Florida When Is Someone Eligible to Expunge or Seal a Criminal Record in Duval County, Florida Contact Us Today for an Expunged or Sealed Record 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. DO I QUALIFY? 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. 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: DO I QUALIFY? 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. #### Florida Background Check Laws: Ultimate Employer's Guide (2025) When you’re applying for a new job or seeking a promotion in the workplace, you’ll find yourself undergoing pre-employment background checks with your employer. Employees must satisfy this requirement to clear them of any criminal record, ensuring the company is hiring trustworthy and reliable individuals. What are the latest updates about background check laws in Florida? Find out more in the Ultimate Employers’ Guide here. Key Takeaways Florida background checks: They cover criminal records, employment, education, and professional licenses to ensure candidates meet job requirements. Reasons for background checks: employers use them to promote safety, comply with regulations, reduce liability risks, and protect reputations. How far back for each check: Checks typically go back seven years under FCRA guidelines but may extend further for specific industries. Types of background checks: Level 1 and 2 background checks vary in scope, with legal protections ensuring consent, transparency, and dispute rights for candidates. Background check tutorials: Employers can either go for DIY background checks or hire third-party background check providers. What Shows Up on a Florida Background Check? A Florida background check for employment is a process that employers use to investigate the personal, educational, and professional history of potential hires. These pre-employment background checks typically cover: 1. Criminal Records If any applicants have criminal records, the employer's background check may include information such as charging details, the date the case was filed, case disposition, and disposition date. This data also constitutes the level of the offense and sentencing information. Generally, these records will show arrests, convictions, and pending charges. 2. Past Employment Verification Undoubtedly, some of your applications have requested character references. This is the extended version of them. Employment verification ensures applicants accurately represent job titles, tenure, and responsibilities, confirming their qualifications and alignment with role expectations. 3. Education Verification On the other hand, the document confirms diplomas, degrees, and attendance at institutions, validating the candidate's academic qualifications for the position. 4. Professional License Verification Do you want to showcase your expertise by presenting a professional license to your employer? They must verify the license’s authenticity first. Professional license checks assess validity, issuance dates, and disciplinary actions, ensuring compliance with industry requirements for specialized roles. Why Do Employers Run Background Checks in Florida? There are four primary reasons why employers run pre-employment background checks. 1. To Ensure Workplace Safety Don’t feel bad if you are asked to undergo a background check, as the information is necessary for your safety and the entire workplace. These checks help identify applicants with a history of risk behaviors and criminal convictions that can be threats to others at work. 2. To Maintain Regulatory Compliance Background checks are not just for promoting safety. Employers screen applicants before making a formal job offer to ensure both sides – the employer and the applicant – meet the legal requirements. 3. To Reduce Liability Risks An employer might be liable for negligent hiring and potential harm to others if they fail background checks. Conducting in-depth background checks helps employers screen unqualified applicants, thus reducing their liability risks. 4. To Prevent Damage to Reputation The behavior and actions of a company’s employees reflect the company’s image in front of the general public. Background checks ensure the company hires individuals who won’t just work productively but can also maintain their brand’s reputation. What Are Different Types of Background Checks? Level 1 Background Checks These are checks exclusive to the state only and are named based alone. The employer will dive into the applicant’s employment, state, and local criminal history if there are any. They may also check whether the applicant is on the national sex offender registry. Level 1 background checks also encompass credit checks in some instances. Level 2 Background Checks Then, there are Level 2 checks that require fingerprinting and a comprehensive FBI and Florida Department of Law Enforcement (FDLE) background check. Applicants who show prohibited offenses on their record will be screened out. Level 3 Background Checks In Florida, a third-level background check does not exist. However, some employers may use this phrase to refer to an FDLE background check, including state and national criminal history records. Florida Background Check Laws & Regulations in 2025 Learn about the different Florida background check laws and those at the federal level. Florida State Background Check Laws Before performing background checks: employers must provide clear disclosure and obtain written consent from candidates. After performing background checks: candidates who face adverse hiring decisions due to background check findings must be informed and allowed to dispute inaccuracies. Federal Background Check Laws FCRA: Governs how consumer information is obtained, used, and shared during the hiring process. Equal Employment Opportunity Commission (EEOC): Prohibits discrimination based on race, gender, age, or other protected characteristics. Other laws include Title VII of the Civil Rights Act of 1964 and the Fair Chance to Compete for Jobs Act. Florida Background Check Removal Methods There are two possible ways to remove bad background checks in the Sunshine State effectively: 1. DIY Background Check Removal Employers sometimes opt for a DIY approach to reduce pre-employment background check costs. However, while they can hinge on their benefits, this way is time-consuming, and there are more risks of errors. Furthermore, inaccuracies may also violate the FCRA. 2. Background Check Removal Experts Therefore, to ensure every step of the process runs smoothly, partnering with a third-party background check provider is highly recommended. Working with a trusted provider like Erase The Case ensures accurate, FCRA-compliant reports. These companies leverage advanced research tools to deliver swift and comprehensive results tailored to your hiring needs.   #### Florida Expungement Costs in 2026: Attorney Fees & Process Fees In pursuing a clean legal slate in Florida, the first step is understanding the cost of expungement and sealing. In Florida, you can apply for expungement on your own, or you can hire an experienced expungement lawyer who will handle the entire process for you with ease. Depending on which option you choose, the total cost of expungement will vary. In this article, we break down how much it costs to get a record expunged in Florida, whether you handle it yourself or work with a lawyer. With this information, you’ll be better prepared financially and can streamline your expungement process. How Much Does Expungement Cost in Florida? The government cost to expunge a record in Florida is $245. This amount consists of a $75 fee payable to the Florida Department of Law Enforcement (FDLE) for processing the Certificate of Eligibility, a $42 court filing fee assessed by the Clerk of Court, $40 for certified court copies, $22 for official document retrieval, $30 for required notary services, and $36 for statutory mailing and service of documents to the FDLE, the Clerk of Court, and the State Attorney’s Office. These fees are mandated by the State of Florida and apply in every expungement case, regardless of whether the applicant proceeds without counsel or retains an attorney. How Much Does an Expungement Lawyer Cost in Florida? The cost of hiring a Florida expungement lawyer typically ranges from $750 to $5,000, depending on the complexity of the case and the services included. A basic expungement or sealing petition usually starts around $750 to $995, which covers attorney preparation and filing in addition to the state’s required fees. More comprehensive packages, priced between $2,000 and $5,000, often include not only court representation but also background check removal from private databases and mugshot removal from websites, ensuring the record is cleared from both public and online sources. These prices are generally flat fees that not only include all government costs, such as court filing fees and the FDLE application fee, but also cover unexpected expenses that often arise during the application and follow-up process, which can be overwhelming to handle alone. Total Breakdown of Expungement Costs in Florida Edit CategoryCost Expungement Lawyer Fees$750 Court Fees$42 Certified Copy Fees$40 Document Retrieval Costs$22 Notary Fees$30 Mailing Costs$36 FDLE Application Fee$75 Total Cost$995 Florida Expungement Lawyer Cost - $750 In Florida, hiring an expungement lawyer costs between $750 and $5,000. This price point typically covers the attorney's flat fee for a relatively uncomplicated expungement case. It likely excludes additional expenses such as $75 for the FDLE application, court filing fees, notary services, and mailing costs. As prices increase toward the higher end, packages often expand to include criminal footprint removal services, such as background check database suppression and mugshot removal, even from sites that resist compliance. These comprehensive solutions ensure not only the legal clearing of your record but also the removal of online and private-sector traces that could still appear in employment or housing screenings. Always request a detailed quote to understand exactly which services are bundled at each pricing tier. Court Fees - $42 Filing for expungement necessitates payment of court fees, which can vary based on jurisdiction and the nature of the expunged record. These fees are included as administrative costs associated with processing the expungement petition through the legal system. Processing Fees - $40 Complementing court fees, additional processing fees may be tied to administrative tasks integral to the expungement process. These fees are part of the overall financial considerations when pursuing record expungement. Document Retrieval Costs - $22 Retrieving necessary documents for the expungement petition may incur costs, such as obtaining copies of court records or other relevant paperwork. These document retrieval expenses are essential to factor into the total cost to expunge record. Notary Fees - $30 Some jurisdictions may require notarized documents as part of the expungement application. Notary fees are a consideration, adding to the miscellaneous costs associated with the legal procedures. Mailing Costs - $36 Mailing costs for expungement in Florida typically total around $36. This includes sending documents to the Florida Department of Law Enforcement (FDLE), the Clerk of Court, and sometimes the State Attorney’s office. Using Certified Mail with Return Receipt is recommended for tracking and delivery confirmation. Each mailing generally costs between $10–$12, depending on weight and location, ensuring your documents are securely delivered without delays. FDLE Application Fee - $75 The Florida Department of Law Enforcement (FDLE) charges a $75 application fee for processing expungement requests. This fee covers the review of your criminal history and ensures compliance with state laws. Payment must accompany your application and can typically be made by money order, cashier’s check, or credit card, depending on FDLE’s guidelines. This is a mandatory cost for anyone seeking to seal or expunge their record in Florida. Additional Expungement Costs Edit CategoryCost Mugshot (each)$250 Mugshot (x3)$595 Background Check Removal Services (previous clients)$1,000 Background Check Removal Services (non-previous clients)$1,595 Attorney Legal Case Analysis Letter in Support of Background Check$250 While most cases fit the flat-fee model, additional services may include: Background check removals: $1000 - $1,595 Mugshot removal from third-party websites: $250 - $595 Attorney's legal case analysis letter in support of background check: $250 These are always quoted in advance and never required unless requested. Factors That Affect Expungement Costs in Florida Several variables can influence the final cost of expunging your record, even within a flat-fee model. These include: County of Filing: Some counties charge higher court filing fees or have more involved procedures, which may require additional work. Type of Offense: More serious charges or charges with unique legal considerations may involve added steps, especially if multiple charges are involved. Number of Jurisdictions: Cases spanning multiple counties or courts often require additional certified documents and filings. Document Retrieval: If records are archived, destroyed, or need to be ordered from multiple agencies, there may be extra administrative costs. Urgency of Filing: Expedited service, if requested, may come at an additional premium. Third-Party Website Removals: Removing mugshots or arrest data from private databases may add to your total costs. We evaluate each client’s situation individually and provide a clear, upfront quote before you commit. Why It's Worth Hiring a Florida Expungement Lawyer Although it’s legally permissible to file an expungement or sealing petition on your own, hiring a lawyer provides significant advantages: Avoid Rejections Due to Technical Errors: Many self-filed applications are rejected because of incomplete forms, incorrect documentation, or procedural missteps. An experienced attorney ensures accuracy from day one. Quicker Processing: Lawyers know how to efficiently navigate each step, from securing certified documents to ensuring timely filing, minimizing delays. Customized Legal Strategy: Some cases involve nuances that require specific handling (e.g., multiple charges, arrests in different counties, or outdated records). A lawyer tailors the legal strategy to the specifics of your case. Court Representation: If a hearing is required or if a judge requests additional documentation, your attorney will represent you and handle all advocacy. Peace of Mind: With legal counsel managing the process, you don’t have to worry about missed deadlines, technical hurdles, or tracking down documents from government agencies. Removal Beyond the Court Order: Even after a record is expunged, private background check companies and mugshot sites may still display your arrest. An expungement lawyer can pursue removal from these sources, and if they don’t comply, an expert can use advanced strategies such as DMCA takedown reports or search engine deindexing to eliminate them from public view. In short, hiring an expungement lawyer is not legally required, but it is a smart investment to ensure your record is cleared accurately, handled efficiently, and resolved with the least amount of stress. Expunge Your Record with Comprehensive & Flexible Pricing Erase The Case is a reputable firm specializing in Florida record expungements. With a transparent pricing structure, individuals benefit from legal representation and a clear understanding of the costs of expungement in Florida. This inclusive fee covers: FDLE Certificate of Eligibility application Drafting and filing all court paperwork Obtaining certified case documents Mailing, notarization, and administrative support Court representation (where required) Guidance on removal from private background check websites (if applicable) There are no hidden fees. We pride ourselves on full transparency. Payment Plan Options Available We now offer our "Expunge Now, Pay Later" plan to make expungement affordable from day one. Start your case immediately with $0 down, and pay the total fee in low monthly installments—no interest, no hidden charges. It’s fast, secure, and handled entirely through our client portal. Visit our pricing page for more details, or apply for a free case review below. FAQs Is the $75 FDLE fee included in your price?Yes, we cover that as part of our $995 flat fee. Can I request a refund if I’m found ineligible?If we determine you’re not eligible at the start, you pay nothing. We conduct a free eligibility review. What is the total cost to get a record expunged in Florida?The total cost of expungement in Florida generally ranges from $750 to $1,500+, depending on several factors. This includes the $75 fee to the Florida Department of Law Enforcement (FDLE), application and processing fees, and attorney’s fees, which can vary based on the complexity of the case. Are attorney fees for expungement fixed or hourly?Most expungement attorneys in Florida charge a flat fee, not hourly, to ensure cost predictability. This fee often covers the entire process, including filing, correspondence, and court appearances (if required). Is it cheaper to file for expungement without an attorney?It is possible to file pro se (on your own), but the process is legally technical and can be time-consuming. Mistakes can lead to delays or denials. Hiring an attorney often increases success rates and reduces long-term frustration. Is expungement a one-time fee, or are there ongoing costs?Expungement is a one-time legal process, so there are no recurring costs unless the initial petition is denied and must be refiled. Future legal services (e.g., mugshot removal or background check disputes) may incur additional charges. #### Florida Misdemeanor Exceptions (Currently Updated) In Florida, understanding the nuances of misdemeanor law is critical, especially when it comes to exceptions. Florida misdemeanor exceptions outline specific circumstances in which law enforcement officers may make warrantless arrests for misdemeanor offenses. These exceptions play a crucial role in maintaining public safety and upholding the law. By exploring the intricacies of Florida misdemeanor exceptions, individuals can navigate the legal system with greater clarity and confidence. In this guide, we delve into the latest updates and insights on Florida misdemeanor exceptions, shedding light on when they apply and how they affect individuals facing misdemeanor charges in the state. What Are Misdemeanor Exceptions in Florida? Misdemeanor exceptions in Florida delineate circumstances under which law enforcement may arrest without a warrant for misdemeanor offenses. These exceptions, embedded within Florida statutes, provide legal grounds for immediate arrest in certain situations deemed critical for public safety and law enforcement efficiency. Understanding misdemeanor exceptions is essential for both citizens and law enforcement personnel, ensuring compliance with legal protocols and safeguarding individual rights. These exceptions serve as a mechanism for swift action in cases of disorderly conduct, domestic violence, DUI, and other misdemeanor offenses. By delineating the parameters of warrantless arrest, Florida's misdemeanor exceptions aim to balance law enforcement prerogatives with individual liberties and public welfare. Also read: How Long Does A Misdemeanor Stay On Your Record Looking for an expungement lawyer? Erase The Case provides the fastest expungement service in Florida. Get Started! Florida Misdemeanor Exception List in 2025 In 2025, the Florida misdemeanor exception list comprises several offenses warranting warrantless arrests by law enforcement officers: Disorderly Conduct: Instances of disruptive behavior in public spaces fall under this category, aiming to maintain order and civility in communities. Domestic Violence: Incidents involving physical, emotional, or psychological abuse within familial or intimate relationships warrant immediate intervention to protect victims and prevent further harm. Driving Under the Influence (DUI): Impaired driving poses significant risks to road safety and may lead to accidents, injuries, or fatalities, necessitating swift enforcement measures. Assault: Acts involving threats or attempts to harm individuals physically, even without actual physical contact, are subject to warrantless arrest to prevent escalation and ensure public safety. Certain Types of Theft: Instances of theft, especially those involving substantial property loss or posing threats to public welfare, merit immediate action to apprehend perpetrators and recover stolen assets. The Florida warrantless arrest list in 2025 reflects its commitment to addressing threats to public safety and maintaining social order. By delineating specific offenses warranting prompt law enforcement response, the state aims to mitigate risks, protect individuals and communities, and uphold the rule of law effectively. Comprehending these exceptions is vital for both citizens and law enforcement officers to navigate legal intricacies and uphold accountability in the administration of justice. When Can Florida Misdemeanor Exceptions Apply? Florida misdemeanor exceptions can apply in various scenarios where immediate intervention by law enforcement is deemed necessary to address threats to public safety and uphold the law. These exceptions allow for warrantless arrests under specific circumstances outlined in Florida statutes: Imminent Threat to Public Safety: When an individual's actions pose an imminent threat to public safety or welfare, law enforcement officers can execute a warrantless arrest to prevent harm and maintain order. Risk of Escalation: Situations with a high likelihood of escalation or further harm if immediate action is not taken may warrant misdemeanor exceptions, enabling law enforcement to intervene promptly. Evidence of Criminal Activity: When there is substantial evidence indicating criminal activity, such as disorderly conduct, domestic violence, or DUI, law enforcement officers may invoke misdemeanor exceptions to address the situation swiftly. Preservation of Evidence: In cases where there is a risk that evidence will be tampered with or destroyed if law enforcement delays action, misdemeanor exceptions allow for immediate arrest to preserve crucial evidence for investigation and prosecution. Both citizens and law enforcement personnel must understand the circumstances under which Florida misdemeanor exceptions may apply. This understanding ensures adherence to legal protocols, protects individual rights, and effectively maintains public safety. By delineating the parameters of warrantless arrests, these exceptions strike a balance between law enforcement prerogatives and civil liberties, promoting accountability and justice in the administration of the law. Know more about when arrest by officer without warrant is lawful. How We Can Help We provide expert guidance and assistance throughout the expungement and sealing process. ErasetheCase helps gather required documents, complete applications accurately, and represent clients in court if needed. With ongoing support, we ensure a smooth, efficient process that allows individuals clear their criminal records with confidence. #### Florida's Criminal Punishment Scoresheet & Felony Point System in 2025 "Will I go to jail?" One might ask such questions if they are arrested for a felony. However, authorities have undergone certain procedures to determine if you will be put in jail. If a person commits a felony, a point system is used to sentence the case. The Florida Criminal Punishment Code (CPC) uses a point system to determine sentencing for felony offenses. This system evaluates sentencing scores that determine the minimum sentence based on the severity of the crime and other factors related to the defendant's criminal history and the nature of the offense. What Is Florida's Criminal Punishment Code? The Criminal Punishment Code states that there is a point system assigning offense levels between 1 and 10 to every felony offense, and the numbers carry a point value. The higher the offense level, the more serious the crime committed. Aside from assigning offense levels, the CPC assessment includes additional points for crimes such as legal status violations, firearm possession, and victim injury. Overall, the Florida Criminal Punishment Code utilizes the Scoresheet Preparation Manual. The point value determines the person's crime; if the total points are 44 or more, the person will be sentenced to prison or will serve a mandatory prison sentence. On the other hand, if the person obtained below 44 points or was convicted for chronic substance abuse, the person is qualified for probation or community control. Exception for Chronic Substance Abusers Florida Statute 948.20 states that a judge can sentence probation instead of prison to a convicted drug offender, despite a non-violent felony under the Criminal Punishment Code score of less than 60 points, if the offender is proven to have chronic substance abuse. Florida's Criminal Scoresheet & Point System Offense Level Primary Offense Point Value Additional Offense Point Value Prior Record Point Value Level 1 4 0.7 0.5 Level 2 10 1.2 0.8 Level 3 16 2.4 0.7 Level 4 22 3.6 2.4 Level 5 28 5.4 3.6 Level 6 36 18 9 Level 7 56 28 14 Level 8 74 37 19 Level 9 92 46 23 Level 10 116 58 29 Legal authorities use Florida's criminal punishment scoresheet; the crimes are designated as Primary Offenses, Additional Offenses, and Prior Records at sentencing. These are the basis for the person's score. The highest offense level is the Primary Offense. If the person committed two crimes of the same offense level, one will be designated as the Primary Offense and the other as an Additional Offense. If the person has a criminal history, the record will be placed under Prior Record. When the Primary Offense appears, the point value is higher than for an Additional Offense or Prior Record. The number of points is then assigned and determined by the Offense Level of the Primary Offense, Additional Offenses, and Prior Record. The offenses are listed on the Criminal Punishment Code scoresheet. Additional Sentencing Factors Regarding the Offense Level points, the Criminal Punishment Code also considers additional points when certain conditions are involved: Violations of Legal Status Injury to Victims Violations of Community Sanctions Enhancement multipliers Possession of firearms or semi-automatics Felonies in the past Such situations can significantly raise a person's final score. Point Total Results The Primary Offense, Additional Offenses, Prior Record, and Additional Sentencing Factors are separately subtotaled and then combined to establish an individual's point total and whether they receive a jail sentence. A person is eligible for community control or probation if their total score is fewer than 44 points, and the calculation ends. The minimum allowable jail sentence is determined by deducting 28 from the total number of points and multiplying the result by 0.75 if the total points are more than 44. (Total: 28 Points) *.75 = Minimum Permissible Prison Sentence (Months) How We Can Help You With Your Felony Case If you happen to find yourself with a felony case, the exemplary attorneys of Erase the Case can help you find a solution. Make your expungement process quick and easy. Start your free consultation today! FAQ How many points is a 3rd-degree felony in Florida? A 3rd-degree felony in Florida is equivalent to 16 points. That includes escaping or trying to avoid a patrol officer or a criminal with a third conviction for DUI. How does the criminal point system work in Florida? The Punishment Code has several offense levels for each criminal offense; the greater the offense level, the more points the offense carries. There are ten distinct offense levels, and a level 1 offense is worth four points, while a level 10 offense is worth 116 points. How many points do you need to go to jail in Florida? A defendant is said to have "scored prison" if they have 44 or more points on the score sheet. #### How Long Can A Felony Charge Be Pending in Florida? The journey of a felony charge in Florida is intricate and time-consuming. Understanding the duration a felony charge can remain pending in Florida is crucial, especially for those facing these charges and seeking clarity within the state's legal framework. Under Florida law, a felony charge can be pending for 175 days. Meaning that the defendant charged with a felony must be brought to trial within 175 days of arrest. In this article, we delve into Florida's Statute of Limitations, unraveling the timelines for criminal charges to help you understand how long a felony charge can linger in Florida. If you're seeking answers and clarity, read on as we navigate this complex terrain. What Is The Statute of Limitations in Florida? The Statute of Limitations in Florida is a crucial legal framework that dictates the maximum allowable time the state attorney's office can initiate an investigation, make an arrest, and file criminal charges against an individual for a specific offense. Once this predetermined time frame expires, an individual can no longer be charged for that particular crime. However, if charges are filed within the specified time period, the subsequent process of defending a felony charge at trial in Florida begins. The clock starts ticking from the moment the incident of criminal activity is completed. Statute of Limitations for Different Felonies in Florida Florida's statute of limitations is primarily contingent upon the severity of the felony committed. Here is a breakdown of the general statute of limitations timeframes for various felony classifications: No Statute of Limitations for Capital Felonies: The most severe capital felonies have no statute of limitations. This means the state can pursue charges for these heinous offenses indefinitely. First Degree Felonies - Four Years: First degree felonies fall under a four-year statute of limitations. These felonies encompass many serious offenses and carry significant penalties upon conviction. Less Serious Felonies - Three Years: Certain felonies of lesser severity are subject to a three-year statute of limitations. These offenses typically fall under the second and third-degree felony categories. Exceptions: Notably, there are exceptions to the statute of limitations. For specific crimes, such as theft-related offenses, the statute of limitations can range from 4 to 6 years, depending on the circumstances. Get to know more about: 5 Different Degrees of Felonies in Florida. Statute of Limitations for Different Misdemeanor Cases in Florida In addition to felonies, Florida's Statute of Limitations also applies to misdemeanor cases, with varying timeframes: Second (2nd) Degree Misdemeanor - One Year First (1st) Degree Misdemeanor - Two Years How Long Can A Felony Charge Be Pending in Florida? In Florida, once arrested and charged with a felony, defendants must be brought to trial within 175 days. However, the exact duration can also depend on various factors, including the nature of the crime, evidence availability, and legal proceedings, including the following: Statute of Limitations The Statute of Limitations in Florida sets time limits for filing charges. However, for many felony offenses, there's no time limit. For instance, first-degree felonies, like murder, have no Statute of Limitations, meaning charges can be filed at any time after the crime. Prosecutor's Discretion Prosecutors typically decide when and if to file charges. They assess the strength of the case, the availability of witnesses, and other factors. This discretion can extend the pending period. Pre-Trial Process Once charges are filed, the pre-trial process, including investigations, negotiations, and motions, can prolong the case's pending status. Defendant's Rights Defendants have the right to a speedy trial, but this doesn't set a specific time limit. Delays can occur due to various legal proceedings, ensuring that the principle of jeopardy is upheld, preventing double prosecution for the same crime. Legal Representation An experienced attorney can help expedite or resolve a case, ensuring your rights are protected. If you want to have the best legal representation, click here. Suggested Article: How Long Does A Felony Stay on Your Record in Florida? Expunge Your Felonies in Less Than 5 Months? Erase The Case provides the fastest expungement service at affordable price Get Started! How An Attorney Can Help With Florida's Statute of Limitations Criminal Cases Navigating Florida's Statute of Limitations in criminal cases can be a complex endeavor, but having a skilled attorney by your side can make all the difference. Here are ways an attorney can assist: Case Evaluation Statute of Limitations Expertise Negotiation Legal Strategy Court Representation Appeals Ready to literally Erase the Case? Consult an experienced felony exoungement attorney today and safeguard your rights! Don't let the Statute of Limitations on criminal cases define your future. Contact us now for expert legal assistance. FAQ How long can a felony case stay open in Florida? A felony charge has no fixed time limit; it varies based on the case's specific circumstances. Can a felony charge be dropped in Florida? Charges can be dropped if prosecutors lack sufficient evidence or if a plea agreement is reached. How long does the prosecutor have to file charges in Florida? In Florida, the time the state attorney has to file charges varies depending on the severity of the crime, as dictated by the Statute of Limitations. The Statute of Limitations varies by the type of felony; some have no time limit. Can you leave the state while a felony charge is pending in Florida? Leaving the state may have legal consequences, such as a warrant for your arrest; consult an expert attorney before making such decisions. Is jail time mandatory for a felony in Florida? Jail time varies depending on the type and severity of the felony, as well as other factors. It's determined during sentencing. #### How Long Does a Background Check Take in Florida? Background checks are a crucial step for many employers and agencies in Florida to verify an applicant's history. These checks may include employment and education verification, driving records, credit reports, and any potential criminal history. Employers rely on this process to make informed hiring decisions, ensuring workplace safety and efficiency. In Florida, the time it takes to complete a background check typically ranges from two to five business days, though delays can occur if inaccurate information is provided. Understanding the timeline and ensuring all information is accurate can help you avoid unnecessary delays when undergoing a background check in Florida. How Long Does a Background Check Take in Florida In Florida, a background check takes 2-5 business days However, the time required to complete a background check in Florida varies depending on how extensive the pre-employment background check is. The estimated times for each kind of background check are listed below: Criminal background checks: 1-3 business days Employment background checks: 1-5 business days Tenant background checks: 1-3 business days Professional licensing background checks: 1-4 weeks Financial and credit checks: Instant to 1-2 business days Make sure your record is "completely" removed There is a chance that your record might be visible to private background check companies Remove it now! Factors Influencing the Duration of Background Checks Ever wonder why background checks take so long? The answer isn't always straightforward. Several factors can influence the turnaround time, impacting how quickly you receive clearance. Here's a quick breakdown of the key culprits: Scope of the Check: Basic checks focusing on criminal history might be faster than comprehensive checks that include employment verification, education confirmation, or reference checks. Record Availability: Locating and verifying information across different states or with slow-responding sources can add delays. Third-Party Response Times: Background checks often rely on contacting employers, schools, and other entities for verification, and their response times can significantly impact the overall duration. How Far Back Do Background Checks Go in Florida? There are no legal restrictions on how far back an employer can investigate a candidate's criminal record history in the state of Florida. Florida is subject to federal laws, including the The Fair Credit Reporting Act (FCRA), even though it does not have any state laws of its own. FCRA, is designed to safeguard data gathered by consumer reporting organizations, such as credit bureaus, which is prohibited from being disclosed to third parties unless necessary for the purposes specified by the Act. Information may be given for insurance, job, or credit purposes (Even DUIs are accessible to background checkers). But when a negative decision results from these reports, the consumer has to be informed. Furthermore, FCRA includes a "seven-year rule" which states that convictions must be not disclosed to any background checks that are no more than ten years and arrests of more than seven years. Employment vs Criminal Background Checks in Florida When conducting background checks in Florida, it's crucial to distinguish between employment and criminal checks. Employment background checks typically focus on verifying professional history, education, and qualifications, offering potential employers insights into a candidate's suitability for a role. In contrast, criminal background checks delve into an individual's legal history, including arrests, convictions, and outstanding warrants, as outlined by Florida's public records laws. Both types of checks serve distinct purposes but can be essential for ensuring safety and compliance. Learn more about what appears on employment background checks here. Costs & Fees for Background Check in Florida In Florida, fees for background checks vary based on the type of check and the provider, with state-level checks costing around $24, excluding any additional processing fees charged by private agencies. These checks provide critical insights into criminal history, employment records, and more, tailored to the requester's needs. To get a comprehensive breakdown of costs and factors affecting pricing, visit Florida Background Check Costs and Fees Don't Let Old Records Delay Your Background Check Worried about what might show up while waiting for your background check? If your record includes dismissed charges, sealed cases, or outdated information, it could delay opportunities, or worse, cost you one. At Erase the Case, we specialize in Florida background check removal service so you're not left waiting or worrying.Take control of your background before it controls your future.   #### How Long Does A DUI Stay On Your Record In Florida? Navigating the aftermath of a DUI conviction in Florida involves understanding the enduring impact on one's record. The question "How long does a DUI stay on your record in Florida?" resonates with individuals seeking clarity on the longevity of this legal consequence. In Florida, a DUI conviction stays on your record for a shocking 75 years This means that it can negatively impact your life for decades, affecting insurance rates, employment, and more. What Is Considered A DUI in Florida? In Florida, a DUI, often known as "Driving Under the Influence," is a legal violation carrying potentially significant consequences under Section 316.193 of the Florida statutes. A DUI occurs when an individual operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above. This legal threshold applies to drivers aged 21 and older. However, the parameters for DUI extend beyond just the standard BAC limit. Florida imposes stricter standards for specific demographics. For individuals under the age of 21, a BAC as low as 0.02% can result in DUI charges, reflecting the state's commitment to deterring underage drinking and driving. Commercial drivers, on the other hand, face DUI charges if their BAC reaches 0.04% or higher. It's important to note that a DUI in Florida is not limited to alcohol impairment alone. The offense includes the influence of various substances, encompassing illegal drugs and over-the-counter medications, that can hinder a person's capacity to operate a vehicle safely. Read More: Is DUI A Felony in Florida? Felony DUI vs Misdemeanor DUI How Long Does A DUI Stay On Your Record In Florida? Under the Driver's License Compact, which facilitates the sharing of information about license suspensions and traffic violations among participating states, a DUI conviction can remain on your driving record for an extended period. The duration is especially remarkable in Florida, where it can stay on your record for up to 75 years. This extensive timeframe underscores the seriousness of a DUI conviction and the enduring repercussions it can have on your ability to maintain a clean driving record. Consequences of DUI in Florida A DUI conviction in Florida brings severe consequences affecting various aspects of life. Here's a concise breakdown: Fines: Substantial fines based on factors like blood alcohol concentration (BAC) and offense history. License Suspension: Suspension of the driver's license, with longer durations for repeat offenses. Ignition Interlock Device: Court-ordered installation in some instances, particularly with repeat offenses or high BAC levels. Probation: Offenders may be placed on probation, subject to specific court-set conditions. Community Service: Mandatory community service hours as part of the sentencing. First Offense: Possible jail time, ranging from days to six months. Subsequent Offenses: Longer mandatory sentences for repeat offenders. Vehicle Impoundment: The offender's vehicle may be impounded, incurring additional towing and impound fees. Criminal Record: A DUI conviction results in a criminal record, impacting employment, housing, and long-term life. Insurance Consequences: Significant increase in auto insurance premiums, with potential coverage drop. Employment Impact: Adverse effects on job opportunities, particularly in roles requiring a clean driving record or high responsibility. Professional Licenses: Professionals (e.g., lawyers and healthcare workers) may face disciplinary action or license suspension. Education and Scholarships: Students with DUI convictions may encounter enrollment and scholarship eligibility issues. Ignition Interlock Requirement: Court-mandated installation for specific DUI convictions, especially with repeat offenses or high BAC levels. Looking for an expungement lawyer? Erase The Case provides the fastest expungement service in Florida. Get Started! Defenses for DUI in Florida Defending against DUI charges in Florida requires a strategic approach that considers various legal aspects. While each case is unique, common defenses can challenge the validity of charges. Consultation with a qualified DUI defense attorney is crucial for assessing your case and determining an appropriate defense strategy. Key defenses in Florida DUI cases include: Challenging the Traffic Stop: Challenging the legality of a traffic stop involves asserting that there is no reasonable suspicion or probable cause. Field Sobriety Test Accuracy: Challenging, subjective field sobriety tests, citing factors like weather conditions and medical issues that impact accuracy. Breathalyzer Accuracy: Questioning breathalyzer results based on calibration issues, maintenance records, and personnel qualifications. Blood Test Accuracy: Challenging blood test results due to mishandling, improper storage, or contamination concerns. Rising Blood Alcohol Content (BAC): Arguing that a delay between driving and the chemical test may result in a higher BAC, questioning the accuracy. Medical Conditions: Presenting evidence of medical conditions or medications mimicking alcohol effects, suggesting an alternative explanation for observed behavior. Miranda Rights Violation: Asserting inadmissibility of statements made during custodial interrogation if law enforcement fails to read Miranda rights. Violation of Constitutional Rights: Asserting that the stop, search, or arrest violated constitutional rights, challenging the legality of the search or seizure. Witness Credibility: Challenging the credibility of witnesses, including law enforcement, by highlighting inconsistencies or questionable behavior. Illegal Checkpoints: Challenging the legality of DUI checkpoints if not conducted according to legal requirements. How Erase the Case Can Help Embarking on a new beginning? Erase the Case specializes in expunging DUI offenses. Seize control of your future by minimizing the impact of your past. Reach out today! FAQs about DUI in Florida How long does it take for a DUI to come off your record in Florida? The 75-year duration stipulated by the Driver's License Compact means that a DUI conviction can remain on your record for a substantial part of your life. There is no specific mechanism for early removal, emphasizing the importance of legal counsel and effective defense strategies when facing DUI charges. Will a DUI conviction be automatically removed from your Florida driving record after five years? A DUI conviction will not be automatically removed from your Florida driving record after five years. The 75-year duration remains applicable unless specific legal actions are taken to address and potentially expunge the conviction. How does a DUI affect your life in Florida? A DUI conviction in Florida can have far-reaching consequences beyond your driving record. How long will a DUI conviction remain on your driving record can impact employment opportunities, insurance rates, and even housing prospects. Additionally, individuals may face fines, license suspensions, and mandatory alcohol education programs. Does a DUI show up on a background check in Florida? Yes, a DUI conviction is likely to show up on a background check in Florida. This can affect various aspects of your life, including employment opportunities, housing applications, and insurance rates. #### How Long Does A Felony Stay On Your Record in Florida? If you have ever been charged with or convicted of a felony in Florida, you may be wondering if that felony record can eventually go away or how long it will remain on your record. The reality is that felony records in Florida are permanent unless the charges are dismissed and formally sealed or expunged. Understanding the longevity of felony records and the limitations of Florida's laws is essential to protecting your rights and determining the appropriate next steps to take. How Long Does A Felony Stay On Your Record in Florida? In Florida, a felony charge can stay on your record for the rest of your life. However, individuals have the option to seek expungement if the charge does not result in a conviction. The expungement process includes specific eligibility criteria and legal steps, and it's important to note that not all felony convictions can be expunged. Looking forward to expunging your felony charge? Check out Expunging a Felony Record: Eligibility, Process, & Costs. Felony Charge vs. Conviction: Does It Matter? Type of Record Duration Can Be Expunged/Sealed? Public Accessibilities Appear on Background Check? Felony Charge Permanent Yes, if qualified Yes, unless sealed or expunged No, if expunged Felony Conviction Permanent No under current law Yes, always Yes, as always In Florida, both a felony charge and a felony conviction will show up on your criminal record but they are not the same thing, and they carry very different legal consequences. A Felony Charge: means the State filed formal accusations against you. Even if your case was later dismissed or you weren't found guilty, that charge will remain on your record indefinitely. However, you may be able to expunge or seal a felony charge if you meet certain eligibility requirements. Once your record is expunged, it will not be accessible through background checks, which improves your chances of securing employment or housing. A Felony Conviction: means the court found you guilty, either through a plea or trial. If you've been convicted of a felony in Florida, you are permanently ineligible for sealing or expungement under current law. The conviction will remain on your criminal record for life and will appear on background checks. A felony conviction can severely limit your access to employment, housing, and educational opportunities. Expunge Your Records in Less Than 5 Months? Over 85% of our cases are expunged from 3-5 months (data proven) Expunge Now! Clearing the Myth: Do Felonies Actually Go Away After 7 Months? A common misconception floating around online and even among some well-meaning individuals is the idea that felonies "automatically disappear" from your record after seven months. Unfortunately, this belief is not only inaccurate but potentially damaging for those trying to make informed decisions about their future. In Florida, felonies do not vanish on their own not after seven months, seven years, or even seventy years. Once you are convicted of a felony, that conviction becomes a permanent part of your criminal history record unless you take specific legal action. What the Law Actually Says According to Florida Statutes 943.0585 and 943.059, only certain charges that did not result in a conviction may qualify for expungement or sealing. If you were adjudicated guilty of a felony, you are not eligible for expungement or sealing under current Florida law. This means there is no automatic removal of your felony record. After a period of time, it will continue to appear on background checks conducted by employers, landlords, and licensing agencies Where Does the "7-Year" Myth Come From? This myth may stem from outdated or misapplied federal employment laws, such as provisions in the Fair Credit Reporting Act (FCRA), which sometimes limit how far back background checks can go in private employment settings. However, these rules do not apply to government records or most criminal databases, and they do not erase the record itself. They may simply prevent certain background reports from disclosing older information in limited contexts. Why Legal Guidance Matters Clearing your record in Florida requires a thorough understanding of eligibility requirements, statutory exclusions, and procedural compliance. As an experienced Florida expungement attorney, we help clients assess their options with accuracy and honesty, whether they are pursuing a sealing, expungement, or clemency petition. Do not let myths misguide your future. If you have a felony on your record, contact us to explore your legal options with a strategy that is grounded in Florida law, not internet rumors. #### How Long Does A Misdemeanor Stay On Your Record in Florida? Having a misdemeanor on your record can affect your job prospects, housing applications, and even your reputation. If you have been charged with a misdemeanor in Florida, you might be wondering if it will ever be removed from your record. Unfortunately, the answer isn't straightforward, and there might also be some misconceptions. In this article, we will clarify how long a misdemeanor remains on your record, whether it can disappear on its own, and what options you have for sealing or expunging it under Florida law. Generally, a misdemeanors stays on your criminal record permanently unless you take legal action to have it sealed or expunged. Do Misdemeanors Actually Go Away? In Florida, misdemeanors do not automatically disappear from your record. In fact, they will remain there indefinitely unless you take legal action to have them removed. You can only seal or expunge a misdemeanor if the charge was dropped, dismissed, or did not result in a conviction. Additionally, there are specific eligibility requirements that must be met for expungement: Not having any prior expungements or record sealings in Florida or elsewhere. Not having been found guilty of the crime you want to expunge. Not having any pending criminal charges, probation, or other court-ordered supervision. If you think you might be eligible for expungement, it's important to consult with an attorney who specializes in Florida expungement law. They can help you determine your eligibility and guide you through the expungement process. But if you are still not so sure about your misdemeanor can be expunged, find your own answer in this article: Can You Get a Misdemeanor Expunged in Florida? Does A Misdemeanor Show Up On A Background Check After 7 Years in Florida? In Florida, misdemeanors can generally appear on a criminal background check indefinitely unless they have been expunged or sealed. However, the Fair Credit Reporting Act (FCRA) imposes certain limitations on how long certain information, including criminal convictions, can be reported by consumer reporting agencies. According to the FCRA, non-conviction information (such as arrests) can be reported for up to seven years, while conviction information has no time limit and can be reported indefinitely. It's important to note that state laws may also play a role in the reporting of criminal records, and they can vary. If you have successfully had your misdemeanor expunged or sealed, it should not appear on a standard background check. However, certain employers or government agencies may have access to more comprehensive background checks that could reveal sealed or expunged records. What Are Affected if You Don't Expunge Misdemeanor Charges? Misdemeanors can have various impacts on an individual's life, both immediately and in the long term. The consequences can extend beyond legal penalties and may affect personal, professional, and social aspects. Here are some ways misdemeanors can impact your life: Employment Opportunities: Misdemeanor record can affect your ability to secure certain jobs, especially those that require background checks. Employers may be concerned about your reliability and trustworthiness, depending on the nature of the offense. Professional Licensing & Education Opportunities Some professions and occupations require professional licenses. Misdemeanor records, particularly those related to dishonesty or violence, may affect your eligibility for or the renewal of professional licenses. Certain educational institutions may consider criminal history during the admissions process. Some charges, particularly those related to drugs or violence, may impact eligibility for financial aid. Housing Landlords often conduct background checks on prospective tenants. Misdemeanor records may make it more challenging to secure rental housing, especially in competitive rental markets. Immigration Status & Travel Restrictions Misdemeanor offensecs, particularly those classified as "crimes of moral turpitude," can have implications for individuals with non-U.S. citizenship. It may affect immigration status, visa applications, or lead to deportation. Some countries have strict entry requirements, and certain misdemeanor offenses may result in denial of entry or other travel restrictions. It's important to research the specific entry requirements of the destination country. Personal Relationships: Misdemeanors may strain personal relationships, as friends, family, or acquaintances may view the offense negatively. The social stigma associated with a criminal record can affect how others perceive you. It's crucial to seek legal advice and understand the specific consequences of a misdemeanor charge in your jurisdiction. In some cases, legal remedies such as expungement or sealing of records may be available to mitigate the long-term impacts. Consulting with an attorney can help you navigate the legal process and explore options for minimizing the consequences of a misdemeanor. Your Record Won't Clear Itself, But You Can Take Control In Florida, a misdemeanor doesn't go away on its own. Not after seven years. Not ever. Whether it's a conviction, a withhold of adjudication, or even a dismissed charge, your record remains visible unless you take legal action to seal or expunge it. If you're concerned about how a past misdemeanor is affecting your future, you're not alone. The good news is that Florida law offers a path to relief if you meet certain eligibility criteria. And taking that first step doesn't have to be complicated. At Erase The Case, we've helped thousands of clients across Florida clear their records and move forward with confidence. Visit our Florida Misdemeanor Expungement page to learn how we can help, or contact us today for a free eligibility review. Don't let a past mistake define your future. Let's erase the case and restore your peace of mind. #### How Long Does It Take to Expunge a Record in Florida? 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 These timeframes show the usual steps required by Florida law. The actual process may take more or less time depending on agency workloads, how complete your paperwork is, and if there are any objections. Most firms take about 5 to 7 months or longer, but Erase The Case focuses only on expungements and can clear your record in just 3 to 5 months. 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   #### How Many Times Can You Expunge Your Criminal Record in Florida? In Florida, you are generally limited to sealing or expunging a criminal record once in your lifetime. Under Florida Statutes §943.0585 and §943.059, this one-time mean restriction applies to your entire adult criminal history, regardless of the time elapsed or the number of different charges involved. You can eligible for expungement if you were not charged with a crime, had your charges dismissed, or were found not guilty. Eligibility also makes it through if you were a juvenile who committed a non-violent crime and have not committed any other crimes since. Can You Expunge More Than One Criminal Record in Florida? While Florida generally restricts individuals to one lifetime expungement or sealing. However, there are primary exceptions that allow for expunging or sealing multiple records at once. This exception are: Related Cases Exception: Multiple arrests or cases can be sealed or expunged together if they are deemed directly related (a "nexus" exists) to a single criminal episode or incident. The 10-Year Rule: If you successfully sealed a record, you may petition to have that same record expunged after it has been sealed for at least 10 years, provided the case was not a disqualifying offense. Juvenile Records: Florida law allows for certain administrative or diversion-based juvenile expungements that do not count against your one-time adult limit. Eligibility Criteria: To qualify for court-ordered relief, the case must have resulted in a dismissal, "Nolle Prosequi" (dropped charges), an acquittal, or a "Withhold of Adjudication" (for sealing). Disqualification: You are generally ineligible for record clearing if you have ever been adjudicated guilty (convicted) of any criminal offense in Florida or if you have previously received a court-ordered sealing or expunction for an unrelated incident. Note: Because the petition for multiple related cases is a specialized legal process, it is recommended to consult with a lawyer focused on record relief to ensure your specific case history meets the "single incident" statutory threshold. Florida Expungement Process: What You Need To Know? Expunging your criminal record in Florida involves several straightforward steps. First and foremost, however, you need to make sure that you meet the statutory eligibility conditions as set forth under Florida Statute 943.0585. In other words, you qualify. If you do qualify, then you will need official documents from the clerk of courts proving the outcome of your case. Next, you’ll need to submit an FDLE application to determine eligibility, which is reviewed by Florida authorities. After receiving your eligibility confirmation, you’ll petition the court to finalize the expungement. For detailed guidance, refer to our comprehensive Florida expungement and sealing page. Contact Our Florida Expungement Lawyer Navigating Florida's expungement process can be complex and time-consuming. At Erase The Case, we specialize exclusively in expungement cases, ensuring the fastest possible results and maintaining the highest 5-star client satisfaction rating. Our experienced Florida expungement lawyer is here to help you regain your peace of mind quickly and effectively. Contact us today: Phone: (866) 372-7335 Email: lawyer@erasethecase.com FAQs How long does the Florida expungement process take? It typically takes five to seven months, depending on court and agency processing times. Can you expunge a felony in Florida? Only certain felonies are eligible; violent or serious felonies are typically ineligible. Can you expunge different charges separately in Florida? No, only one arrest or incident per expungement petition. #### How Much Does a Background Check Cost in Florida? Background checking is a crucial procedure for employers to ensure that their applicants are qualified and reliable. It uncovers a person's education and employment background, professional licenses, all the way to their criminal records. But first, you must know how much a background check will cost in Florida this year. As we unravel this question, let's explore the complex terrain of background checking fees and costs in 2025 so as for you to consider carefully before making a decision. Background Check Costs and Fees in 2025 Edit Types of Background Check Cost FDLE Criminal History Check $24 FBI Background Check $24 + fingerprint fee Level 1 Check (Name-Based) $8-$20 Level 2 Check (Fingerprint-Based) $40-$80+ LiveScan Fingerprinting $10-$25 County Criminal Record Checks $10-$25 Private Background Checks $20-$200+ Volunteer Background Checks (VECHS) Under $25 Bundled Agency Checks Varies Detailed Costs of Common Background Checks in Florida When asking, "How much does a background check cost in Florida?", it's essential to know that costs vary based on the type and depth of the check. Below, we outline the typical costs for common background checks in Florida to help you budget and know what to expect. 1. FDLE Name-Based Criminal History Check Cost: $24 per search Details: This is a public records request for Florida criminal history information using only name and date of birth. 2. FBI Background Check (National Criminal History) Cost: $24 + fingerprinting fee (usually $10-$25) Details: This check includes criminal records from all 50 states and federal offenses. Fingerprints must be submitted via 3. Level 1 Background Check (Name-Based) Cost: $8-$20 Details: A name-based check is often used for low-risk positions. It's limited in scope and doesn't include fingerprint verification. 4. Level 2 Background Check (State and Federal, Fingerprint-Based) Cost: Typically $75-$100 total. Including: Fingerprinting service fee FDLE processing fee FBI background check fee Details: This comprehensive screening is mandated for jobs involving vulnerable individuals (e.g., children, the elderly). It combines Florida and federal data using fingerprint analysis. 5. Live Scan Fingerprinting Services Cost: $10 to $25 Details: Digital fingerprint capture required for Level 2 and FBI checks. Fees vary by provider and location. 6. County Criminal Record Checks Cost: $10-$25 Details: These are conducted at the county level and may be necessary for licenses or case-specific reviews. 7. Private Background Checks Cost: $20-$200+ Details: Offered by consumer reporting agencies. May include employment history, credit checks, and civil records. Cost depends on the provider and package. 8. Volunteer and VECHS Checks Cost: Often under $25 Details: Designed for nonprofit organizations and volunteers working with vulnerable populations. Subsidized by the state. 9. Bundled Checks by Licensing Agencies Cost: Varies Details: Certain Florida licensing boards bundle multiple screenings (e.g., fingerprinting, FDLE, FBI) into one fee. Factors That Affect the Cost of a Background Check in Florida The cost of a background check in Florida isn't always fixed-it can vary based on several important factors: Type of Check Required: State-only name-based checks cost less than fingerprint-based Level 2 checks, which include both FDLE and FBI data. Purpose of the Check: Employment, licensing, housing, or volunteering may each require different screening levels, which influence price. LiveScan Provider Fees: Fingerprinting costs can vary based on the provider, with private vendors setting their own pricing structures. Bundled Services: Licensing agencies or third-party background screening firms may combine FDLE, FBI, and county-level checks into one fee. Turnaround Time: Expedited services from private vendors may charge more for faster delivery. Understanding these factors can help you anticipate costs more accurately and choose the right service provider for your situation. What Happens If You Have a Criminal Record During a Background Check? If you have a criminal record, it will likely appear in most background checks conducted by employers, landlords, licensing boards, or government agencies. The presence of a criminal record, whether it's a misdemeanor, felony, arrest without conviction, or even a sealed case, can lead to: Employment denial or withdrawal of a job offer Rental application rejections Delays or denials in professional licenses or certifications Immigration consequences Reputational harm if records are published on public databases Florida law allows certain offenses to be sealed or expunged, which can prevent them from being disclosed on most background checks. However, private databases and online background check companies may still report old or sealed information unless proactive steps are taken. That's where our background check removal service becomes essential. Hiring a Background Check Removal Lawyer in Florida At Erase The Case, we specialize in Florida Background Check Removal, assisting individuals in removing or correcting erroneous records. Our experienced legal team works diligently to ensure that your background reflects your true history, providing peace of mind and opening doors to new opportunities. Why Choose Erase The Case? We assist with the full sealing or expungement process before removal We know how to contact and negotiate with private background check companies We ensure compliance with the Fair Credit Reporting Act (FCRA) We streamline the removal process so you can focus on your future Trusted by hundreds of Florida residents Don't let past inaccuracies hold you back. Contact us today to learn how we can assist in clearing your background check and helping you move forward with confidence. 📞 Contact Erase The Case Phone: +1 866-372-7335 Email: lawyer@erasethecase.com Address: 1060 Brickell Ave, Miami, FL 33131 #### How Much Does It Cost To Get Your Mugshot Off The Internet Having your mugshot on the internet can affect your career and opportunities in a negative way. Employers and businesses in your area are able to access your mugshot and arrest details, which might negatively impact their perception of you and they will unlikely hire you because of your criminal past.Unless you take action, your mugshots will undoubtedly remain online or in other places. Fortunately, you can get your mugshot removed by working with a mugshot removal lawyer; helping you gain better opportunities.Continue reading to find out "How much does it cost to get your mugshot off the internet?". How Much Does It Cost To Get Your Mugshot Removed From The Internet In Florida, an average cost for mugshot removal is $250 On average, it costs around $250 to remove your mugshot from the internet, but can vary depending on attorney fees and the nature of your case. Regardless, here is a detailed breakdown of the mugshot removal cost:Mugshot Removal Costs (and extra services) Edit CategoryCost Mugshot (each)$250 Mugshot (x3)$595 Background Check Removal Services (previous clients)$1,000 Background Check Removal Services (non-previous clients)$1,595 Attorney Legal Case Analysis Letter in Support of Background Check$250 Do You Need A Lawyer To Help Remove Your Mugshot From The Internet? You have the right to hire an expungement lawyer to help remove your mugshot from the internet. Otherwise, it will be much more complicated if you decide to do it by yourself. If your mugshot is still visible somewhere on the internet, there is high chance your employer can see it and your future employment might be at risk. To avoid all of these, it is highly recommended to consider our expert mugshot removal service that will follow through from expungement to mugshot removal and background check removal. Here is why hiring an expungement lawyer with experience to remove your mugshot from the internet is a right decision:Understanding Eligibility: There are legal criteria for mugshot removal. Based on the accusations, the case's outcome, and the website holding the mugshot, a lawyer can evaluate your case and decide if you qualify.Formulating Convincing Requests: Attorneys are skilled at crafting strong demands that adhere to your state's law. They can successfully argue for removal based on your eligibility by emphasizing laws helping their client. Handling Unresponsive Websites: Certain websites may reject your initial inquiry. Sending follow-up letters with a focus on the implications for law of non-compliance might be a more compelling strategy for an attorney.Getting Around the Court System: Occasionally, legal action may be required. Your rights can be upheld during the proceedings and you can be represented in court by an attorney.Defending Your Rights: Attorneys can make sure you are aware of your legal rights and can look into all possible ways to have your mugshot removed. If removal isn't possible, they may also address potential hazards and offer advice on what to do next. How Long Does It Take To Get Your Mugshot Off The Internet? An expungement typically takes between five and seven months to finish. This list sheds light on the factors affecting how long the expungement procedure takes:Complexity of the CasePassing the RequirementsTime Spent Processing Court CasesBackground VerificationCourt Docket OverloadType of OffenseLegal RepresentationDifferences in local JurisdictionTime of notificationAfter-Expungement ProceduresBefore you start with the application procedure, make sure you have read and comprehend all of the state's expungement requirements and eligibility in order to prevent wasting too much time. Removing Your Mugshot With Erase The Case At Erase The Case, we provide aggressive, attorney-led mugshot removal services tailored for Florida residents. If your arrest photo is still showing up online—even after your case was dismissed, sealed, or expunged—we can help you take control of your online reputation today.Here’s what sets us apart:Permanent Removal: We don’t just hide your mugshot; we remove it from source websites and search engines for good.Attorney-Led Process: Your case is handled by a licensed Florida expungement attorney, not a third-party data broker.Fast Turnaround: Many mugshots are removed within days, not weeks.Confidential & Secure: Your privacy is our top priority—every case is handled with discretion.Customized Legal Strategies: Whether your record was sealed, expunged, or dismissed, we use the most effective legal pathway available.Ready to take the next step?📞 Contact us now for a free consultation and reclaim your reputation.Phone: +1 866-372-7335Email: lawyer@erasethecase.com #### How To Expunge A Driving Record in Florida Your driving records contain all the traffic rule violations displayed to the public. Having such records openly available to anyone could pose a negative impact especially when you are applying for a job or opening a bank account as people would assume you are untrustworthy. Consider clearing your bad driving record to stop background checks from seeing the charge. As long as you are not convicted, especially of DUI, you are eligible for expungement. To guarantee your success, learn how to expunge a driving record in Florida with the help of a Florida expungement lawyer. Quick Comparison: Ticket vs. Criminal Charge Edit Type of Offense Expungeable? Best Course of Action Speeding/Red-light/Lane violation No Flight ticket or Traffic school DUI/Reckless Driving Yes, if qualify Expunge or Seal Driving with Suspended License Yes, if qualify Expunge or Seal Table of Contents Toggle Can You Expunge a Traffic Ticket in Florida? Examples of Non-Expungeable Traffic Violations: What Driving-Related Offenses Can Be Expunged or Sealed? Eligible Criminal Traffic Offenses That Can Be Expunged: How To Expunge A Driving Record in Florida? Step 1: Apply for the Certificate of Eligibility Step 2: Obtain Your Driving Record Step 3: Complete the Application Step 4: Gather Required Documents Step 5: File the Petition Step 6: Attend the Hearing (if required) Step 7: Follow-Up and Confirmation Expunge Your Driving Record With Ease What You Can Do About a Traffic Ticket in Florida? 1. Contest the Ticket in Court 2. Elect Traffic School 3. Hire a Traffic Attorney 4. Request Withhold of Adjudication How Far Back Do Driving Records Go in Florida? Can You Remove Points From Your License in Florida? Can I Check My Florida Driving Record Online? Can You Expunge a Traffic Ticket in Florida? Under Florida expungement laws, civil traffic infractions, such as speeding, running a red light, or failing to yield, cannot be expunged or sealed from one's record. These violations are not criminal and are processed through the Florida Department of Highway Safety and Motor Vehicles (DHSMV) rather than the criminal court system. Examples of Non-Expungeable Traffic Violations: Speeding Careless driving Failure to stop at a stop sign Expired registration or license Improper lane change ❗Important: Florida Statutes §§ 943.0585 and 943.059 apply only to criminal history records. Traffic citations are not criminal records and therefore are not eligible for expungement. What Driving-Related Offenses Can Be Expunged or Sealed? If you were arrested or charged with a criminal traffic offense in Florida that was later dismissed, dropped, or resulted in withheld adjudication, you may qualify to seal or expunge your record. Only offenses processed within the criminal justice system that create a criminal history record are eligible. Civil traffic infractions like speeding or running a red light do not qualify. Eligible Criminal Traffic Offenses That Can Be Expunged: DUI (driving under the influence) Reckless driving Driving with a suspended or revoked license (DWLS) Racing on a highway Leaving the scene of an accident Your case may qualify for expungement if charges were dropped, dismissed, or if you were found not guilty. It may also be eligible for sealing if adjudication was withheld and you meet all other criteria. Still wondering if you qualify? Check our 2-minute eligibility test now! Note: You can only expunge one criminal case in your lifetime in Florida, unless it qualifies under narrow exceptions (such as juvenile diversion expungements). How To Expunge A Driving Record in Florida? If your case involved a criminal traffic offense and qualifies, here is the typical process to expunge it: Step 1: Apply for the Certificate of Eligibility To expunge driving records in Florida, first fill out the FDLE Application for a Certificate of Eligibility for Expunction (Florida Statute 943.585) to start the expungement procedure. Successfully erased cases need to meet certain requirements: Either the court dismissed all charges, or the state dropped all charges. Send the application via mail to your State Attorney's Office if the case involves a criminal traffic charge. Don't forget to attach a copy of your official government-issued picture ID when asking for status updates. After a completed application packet is submitted, it usually takes 12 weeks for eligibility to be determined. Also, it's important to note that DUI or Driving Under the Influence convictions are not eligible for expungement. Step 2: Obtain Your Driving Record Request a copy of your driving history from the Florida Department of Motor Vehicles and Highway Safety (DHSMV). You may use this to learn what infractions or points you have on your record. Fill out the Driver License Record Request Form completely, sign it, and return it to the address below along with the required Driver History Records charge if you would like a copy of your driving record sent to you. The Driving Privacy Protection Act safeguards private data on driving records. Step 3: Complete the Application To determine if you qualify for case sealing or expungement, FDLE will review your criminal record. This process can take two to four months. This procedure, which includes a thorough criminal background records check in Florida and throughout the US, usually takes one month. Following the application screening process, FDLE will mail one of three things: A Seal for Your Case: An Eligibility Certificate An explanation of the ineligibility letter A Verification of Eligibility for Case Expungement Request that your fingerprints be placed on a fingerprint card or the fingerprint page on the FDLE website by going to your local police agency. Enclose your expungement form and a certified copy of the case disposition. Submit the completed application to FDLE in your state with the fingerprint card, case disposition, and fee as soon as you receive it. Step 4: Gather Required Documents Make sure to obtain the needed documents listed below: Florida Department Of Law Enforcement application for a certificate of eligibility for sealing (s. 943.059, f.s.) or expunction (s. 943.585, f.s.), fingerprints for application for certification of eligibility, Petition and Affidavit to Expunge, And obtain a copy of your driving record from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) Step 5: File the Petition Once the petition is completed, fill in your "Petition and Affidavit to Expunge or Seal" and the Certificate of Eligibility with the Clerk of the Court in the County where the matter occurred. Submit the documents to the State Attorney's Office in the County where the issue happened. Step 6: Attend the Hearing (if required) A judge must sign the order to seal or expunge, but at times a hearing is scheduled so that the judge can speak with a representative. A hearing is often held so the court may determine if your case can be completely erased. A skilled lawyer must be able to reason out for you. The complete procedure can last a month. Work with your lawyer on this, get the required paperwork, and dress professionally. Bring an extra set of clean, unmarked, conformed, file-stamped copies of the pleadings filed for your hearing (the court may misplace your paperwork). Step 7: Follow-Up and Confirmation If the judge grants the expungement, the court will order you to expunge your record. After receiving the court order, the important authorities will make sure that your record disappears from their files. Consult your expungement attorneys for follow-ups. And that is your answer to "How to clear my driving record in Florida" What You Can Do About a Traffic Ticket in Florida? Although traffic tickets cannot be expunged under Florida law, there are several proven ways to reduce or eliminate their negative impact on your driving record and insurance rates. 1. Contest the Ticket in Court Request a hearing within 30 days. If dismissed, the ticket won't appear on your record, and no points are added. Best for technical errors or valid defenses Prevents license points and insurance increases 2. Elect Traffic School Eligible drivers can take a Basic Driver Improvement course to avoid points. Allowed once every 12 months (max five times) Keeps points off your record and protects your insurance rate 3. Hire a Traffic Attorney Legal representation improves your chances of dismissal or a downgrade to a non-moving violation. Ideal for high-speed or multiple offenses Helps avoid suspensions and financial penalties 4. Request Withhold of Adjudication If granted, no points are assessed, even if you plead no contest. Ticket remains on your record Still avoids the point-related penalties Note: Accumulating 12+ points in 12 months can trigger license suspension. Even one ticket can raise your insurance for years. How Far Back Do Driving Records Go in Florida? Florida driving records go back 11 years and include all offenses, driving prohibitions, and other information. A list of any moving violations that were expunged from your driving records for three and seven years as a result of your completion of traffic school is also shown. Can You Remove Points From Your License in Florida? Yes, you can remove points from your license in Florida. To do so, you must first complete a driving school course from a certified traffic school in Florida and present the certificate of completion to the Florida Department of Highway Safety and Motor Vehicles for them to remove your points. Can I Check My Florida Driving Record Online? Check your records online by purchasing at FloridaDrivingRecord.com. You can lose out on career prospects or pay more for insurance if there is incorrect data on your driving record. Check your driving history regularly, for any mistakes that can jeopardize your financial security. Call 850-617-2000 to reach the Florida Department of Highway Safety and Motor Vehicles if you see any mistakes on your driver's license. You might also want to dig deeper into DUI expungement and learn more about its defenses here #### How To Expunge Your Record In Florida For Free Are you haunted by past mistakes recorded on your criminal record? If a criminal record hinders your ability to move forward with your life, then having an expungement may be the solution. Without a doubt, it can be overwhelming to have a criminal record. However, there is hope on the horizon with this comprehensive guide on how to expunge your record in Florida for free. We will explore eligibility criteria, free expungement programs, steps of expunging your record, and more. Understanding Eligibility for Free Expungement Before diving into the process of expunging your record for free, it's crucial to understand the eligibility criteria. In Florida, certain requirements must be met to qualify for expungement, such as the following: No prior expungements or record sealings No adjudication of guilt for the crime in question No current criminal charges or supervision Charges dropped, dismissed, or resulted in an acquittal Meeting these criteria is essential to ensure a successful expungement process. Wondering if you qualify? Take our 2-minute free eligibility test! Free Expungement Programs in Florida So, how can I get my record expunged for free? Fortunately, Florida Justice Center provides free expungement programs available in Florida to assist individuals in clearing their records. These programs offer support and guidance throughout the expungement process. Thus, these become accessible to those who may not have the financial means to hire legal assistance. By accessing free expungement programs, one can navigate the complexities of the legal system with confidence and ease. One such initiative is led by the Florida Justice Center. It has announced its commitment to providing free attorneys to eligible individuals seeking to have their arrest records sealed or expunged. This initiative aims to address the financial barriers that often prevent individuals from seeking expungement, ensuring that economic status does not hinder access to justice. If you are looking for a lawyer to help expunge your record, read this article for the latest cost of expungement in Florida. Expunge vs Seal: Which One Do I Qualify For? Take the 2-min test to know whether you are eligible for expungement or sealingolds you back? Get Started! Free Legal Assistance in Florida Legal assistance is vital for navigating the expungement process. In Florida, individuals can access low-cost or free legal services to aid in clearing their records. While it may take some time and effort to find the right resources, there are organizations and programs dedicated to providing pro bono legal aid. By reaching out to free expungement lawyers, individuals can receive expert advice and representation, increasing their chances of a successful outcome. How to Expunge Your Record in Florida for Free? Now that you understand the eligibility criteria and have access to free expungement programs and legal assistance, it's time to delve into the steps on how to expunge your record in Florida for free: Step 1: Obtain necessary documentation required for the expungement process. This may include your criminal record and any relevant court documents. Step 2: Complete the required paperwork accurately and thoroughly. This typically involves filling out a petition for expungement with detailed information about your case and personal details. Step 3: After completing the paperwork, file the petition with the appropriate court in Florida. Ensure all necessary documents are submitted according to the court's requirements. Step 4: Once the petition is filed, a court hearing will be scheduled to review your case. It's essential to attend the hearing and present your case for expungement diligently and convincingly. Step 5: If the court approves your expungement request, obtain a court order for expungement. This order directs the relevant agencies to seal or expunge your criminal record. Since expungement duration can take up to 7 months to complete, remember to follow these steps carefully to save time and increase the chance of successful expungement. Or if you find it difficult to expunge your criminal record by yourself, it is recommend to seek for an experienced Florida expungement attorney to get your cases removed with ease. For more details, explore our ultimate guide Florida Expungement & Sealing Application Process Benefits of Expunging Your Record Now you have the answer to your question: how to clear my record for free? Clearing your record in Florida brings major advantages that can change your life. These benefits include: Enhanced Employment Opportunities: Expunging your record clears a hurdle when applying for jobs, expanding your job options. Improved Housing Prospects: With a cleared record, landlords are more likely to consider you as a tenant, providing better access to housing options. Stronger Personal Relationships: Expungement shows your dedication to moving forward, building trust and credibility in personal relationships. Removal of Stigma: By erasing past mistakes from your record, expungement frees you from the social stigma associated with having a criminal record. Expunge Your Record with Top-Notch Florida Lawyer! While other expungement firm takes 7-9 months to complete a case, Erase The Case can nail it in less than 5 months. Get Started! Contact Us Now! Having limited financial resources doesn't mean you can't expunge your record. Several programs are available to help you in this process. However, if you seek affordability without compromising quality, be sure to reach out to ErasetheCase. #### How To Get Mugshot Removed From Google? A mugshot, also known as a booking photograph, is an image taken after an arrest. These photos are often uploaded to sheriff portals or private mugshot websites. Once indexed by Google, a single mugshot can overshadow all other online information about you, damaging your reputation, affecting job opportunities, and even hindering housing applications.It's important to note that Google does not host mugshots; it only indexes them from external websites. Therefore, the only way to remove a mugshot from Google is to have it deleted from the original source. Until the hosting site complies with this request, your mugshot can remain in search results for years, even if your charges were dropped, dismissed, expunged, or sealed.Our article provides clear, step-by-step instructions on how to get your mugshot removed from Google, with legal accuracy and practical timelines, so you can reclaim your digital reputation and move forward with a clean slate. Why Mugshots Appear on Google? Mugshots appear on Google because the search engine's indexing system automatically collects and displays publicly available content from various websites. When a mugshot is uploaded to an external site, Google's web crawlers scan the page, store the data, and show it in search results for your name.Familiar sources of mugshots include:County sheriff and police department websites that post arrest records.Online mugshot archives that aggregate booking photos from multiple jurisdictions.Private "pay-to-remove" sites that publish mugshots to generate removal fees.Even if your criminal charges were dismissed, dropped, or resolved years ago, those images can remain in search results if the hosting site has not removed them. Without direct removal from the source, Google will continue to display the link—and your mugshot—whenever someone searches for you. Florida Laws Concerning the Removal of Online Mugshots In Florida, the legal foundation for removing online mugshots comes from the state’s expungement and record sealing statutes — Florida Statutes § 943.0585 (expungement) and § 943.059 (sealing). These laws allow individuals who meet specific eligibility criteria to have their criminal records legally hidden or destroyed.Once a record is expunged or sealed, many websites are legally required to remove related mugshots and arrest information. Failure to comply may expose them to enforcement actions. In addition, individuals may pursue civil claims for defamation or invasion of privacy if their mugshot is published after their record has been cleared.Florida also enforces § 901.43, which targets “mugshot publication websites” that charge a fee for removal, giving victims additional legal remedies against predatory operators.While U.S. federal and state courts generally hold that news media cannot be forced to remove accurate reporting—even after expungement—there may still be grounds for claims in other private-site contexts (e.g., false light, invasion of privacy, misappropriation of likeness), though privacy torts like “false light” are less commonly recognized in FloridaOur legal team can check your eligibility in under 24 hours — at no cost. If you qualify, we can initiate court-approved removal orders and compel websites to take your mugshot down permanently. How to Remove Mugshots From Google? You remove a mugshot from Google only when you delete it at the original source website. Google indexes third-party sites and will update search results once the content disappears from its host.Here are the 5 steps to follow:Step 1: Identify Websites Hosting the MugshotYou search your full legal name, aliases, and variations in incognito mode to avoid personalized results. You record every URL that displays the mugshot, including county sheriff portals, arrest databases, and private mugshot publishers.Step 2: Contact the Sites That Post Your MugshotSend a email or message request for removal, including the URL, the date you found it, and proof of expungement or sealing if applicable.Sample template:I am requesting immediate removal of my mugshot at [URL] under Florida Statutes § 943.0585 and § 901.43. The image is tied to a case that has been [expunged/sealed/dismissed]. Please confirm in writing within 10 days that it has been removed.If your record has been expunged or sealed, provide proof to the website. Many must comply with takedown requests when charges no longer exist.Warning: Avoid paying “mugshot removal” websites without verifying legitimacy. Many operate scams that re-upload your image to other sites.Step 3: Request Google to Remove Outdated or Defamatory ContentOnce the mugshot is deleted at the source, you submit the page URL to Google’s Remove Outdated Content tool. Google Remove Outdated Content tool.You just 3 Steps:Paste the exact page URL.Submit the request for Google to re-crawl and update results.Monitor the status via your Google account.Limitation: Google only hides the page from results—it does not delete the content from the web. If the image is still hosted elsewhere, it may reappear.Step 4: Monitor and Follow UpYou should recheck Google search results within 7–14 days after submitting a removal request.Google usually updates its index in that timeframe once the source deletes the mugshot. Some mugshot websites republish or sell images to affiliates, so you must continue monitoring search results and repeat the removal process if the photo reappears.Step 5: Pursue Legal Removal if Needed FasterIf website owners refuse to cooperate, a legal strategy is the most reliable path. Attorneys can:Obtain court orders compelling takedown.Issue formal legal notices to search engines and operators.Block re-indexing of the same mugshot in the future.Erase The Case specializes in using Florida’s expungement and sealing laws to secure permanent removals—often within 30 days. Can You Remove Mugshots From Google for Free? Many people search for ways to remove mugshots from Google for free, but the reality depends on where the image is hosted and your legal eligibility.You can remove a mugshot from Google at no cost if you successfully eliminate it from the original source website. This typically happens in the following scenarios:The website offers free removal requests: Some sheriff offices, government portals, or compliant publishers will remove mugshots upon request, especially if charges were dismissed or resolved.You qualify under Florida law (expungement or sealing): Under Florida Statutes § 943.0585 and § 943.059, once your record is expunged or sealed, many websites are legally required to remove associated mugshots without charging a fee.Protection against pay-to-remove websites (§ 901.43): Florida law prohibits certain mugshot websites from charging removal fees. If a site demands payment, it may be violating § 901.43, and you may request removal at no cost.Google removal tools are free: After the image is deleted at the source, you can use Google’s Remove Outdated Content tool to update search results without paying anything.When “Free” Removal Becomes DifficultWhile free removal is possible, it is not always straightforward:Some private mugshot websites ignore requests or delay responsesCertain publishers operate across multiple domains and repost imagesLegal proof (expungement or sealing) may be required before removalWithout legal enforcement, compliance is not guaranteedIn these cases, individuals often spend significant time following up across multiple sites with no permanent resolution.Key TakeawayFree mugshot removal is possible - but only when the source website cooperates or is legally required to comply.If the website refuses or republishes your image, legal action becomes the most reliable method to ensure permanent removal and prevent re-indexing. Erase The Case Team Can Help with Mushot Removal Erase The Case, led by David Weisselberger, Esq., is Florida’s top legal authority in mugshot removal and criminal record clearing. Attorney Weisselberger is a recognized Florida expungement law specialist, accredited by the Florida Bar, the American Bar Association, and the Better Business Bureau.Our legal process is precise and proven:Free eligibility check within 24 hours.Court filing to secure expungement or sealing orders.Legal takedown requests sent to hosting websites.Google delisting to remove the mugshot from search results.On average, we achieve permanent removal in as little as 30 days, with a track record of success in even the most complex cases. Remove your mugshot online with ease! We are proud to be the fastest mugshot removal service in Florida. Our Service Frequently Asked Questions Does Google automatically remove expunged mugshots? Google does not remove mugshots automatically after expungement. The hosting website must first delete the image before Google will delist it from search results. Do I need a reputation management service to get my mugshot off the web? A reputation management service cannot delete content at the source without legal authority. For permanent removal, you need a court order or cooperation from the hosting site – services our provides. Do you have to pay to remove mugshots off the web? In Florida, legitimate removal may involve legal fees, but paying “mugshot removal” sites is risky and often ineffective. Under Florida Statute § 901.43, many are required to remove your image at no charge upon request. How long does mugshot removal take after? With proper legal action, removal can be completed in as little as 30 days. Timelines vary based on court processing, the number of sites hosting the image, and compliance from publishers. How much does it cost to remove a mugshot? Costs depend on your case complexity and number of websites involved. ETC offers flat-rate pricing and “Expunge Now, Pay Later™” payment plans to start immediately. Can mugshots reappear after removal? Yes. If removal is not done through legal orders. ETC’s process prevents reposting by targeting both the source site and Google indexing. Google does not remove mugshots automatically after expungement. The hosting website must first delete the image before Google will delist it from search results.A reputation management service cannot delete content at the source without legal authority. For permanent removal, you need a court order or cooperation from the hosting site - services our provides.In Florida, legitimate removal may involve legal fees, but paying “mugshot removal” sites is risky and often ineffective. Under Florida Statute § 901.43, many are required to remove your image at no charge upon request.With proper legal action, removal can be completed in as little as 30 days. Timelines vary based on court processing, the number of sites hosting the image, and compliance from publishers.Costs depend on your case complexity and number of websites involved. ETC offers flat-rate pricing and “Expunge Now, Pay Later™” payment plans to start immediately.Yes. If removal is not done through legal orders. ETC’s process prevents reposting by targeting both the source site and Google indexing. #### Is DUI A Felony in Florida? Misdemeanor DUI vs Felony DUI Driving under the influence (DUI) is a serious legal offense that occurs when individuals operate a vehicle while impaired by alcohol or drugs. Typically considered a misdemeanor, DUI is a grave concern in traffic law. In this article, we will explore the answer to your question: Is DUI a felony in Florida? Also, we will uncover the consequences and legal implications associated with DUI, shedding light on terms such as first DUI offense, second DUI offense, and the classification of DUI as a misdemeanor. Understanding these key concepts is crucial for anyone navigating the legal landscape surrounding impaired driving. When Is DUI A Felony in Florida? A DUI in Florida becomes a felony under specific circumstances, primarily when it involves repeat offenses or aggravating factors. If an individual faces a second or subsequent DUI within a specified timeframe, typically ten years, the offense is elevated to a felony. Additionally, serious aggravating factors such as a significantly high blood alcohol concentration, reckless driving, or incidents leading to serious injury, much worse, death can lead to felony charges. Understanding these conditions is crucial, as felony DUI convictions in Florida carry more severe penalties, including increased fines, more extended imprisonment, and potential permanent license revocation. Also Read: How Long Does A DUI Stay on Your Record in Florida? What is the Difference Between A Misdemeanor DUI and A Felony DUI? Understanding the difference between a misdemeanor DUI (Driving Under the Influence) and a felony DUI in Florida is crucial for individuals facing impaired driving charges. The distinctions center around the nature of the offense, repeat offenses, aggravating factors, consequences, and the impact on one's criminal record. So, is a DUI a felony or a misdemeanor? Let's find out the difference between a misdemeanor and a felony DUI! Nature of the Offense Misdemeanor DUI: First-time offenses are typically misdemeanors involving impaired driving without severe factors like serious injury, death, or prior DUI convictions. Felony DUI: Involves more severe circumstances such as repeat offenses, aggravating factors, or incidents resulting in significant harm or fatalities. Repeat Offenses Misdemeanor DUI: First offenses are generally treated as misdemeanors, but subsequent convictions within a specified timeframe can escalate to felonies. Felony DUI: Repeat DUI convictions, especially second and third offenses, are often classified as felonies, resulting in harsher penalties. Aggravating Factors Misdemeanor DUI: Involves straightforward DUI cases without additional aggravating factors, typically exceeding the legal BAC limit. Felony DUI: Includes factors like reckless driving, significantly high BAC, driving with a suspended license, or other serious traffic violations leading to felony charges. Consequences and Penalties Misdemeanor DUI: Penalties may include fines, probation, alcohol education programs, and temporary license suspension. Jail time is possible but not mandatory for first offenses. Felony DUI: Convictions result in more severe consequences, including higher fines, longer jail sentences, extended probation, and the potential for permanent license revocation. Impact on Criminal Record Misdemeanor DUI: This can impact one's criminal record, but may be eligible for expungement or sealing. Felony DUI: Leaves lasting marks on the criminal record, making expungement challenging and affecting various aspects of life, including employment opportunities. Penalties for DUI in Florida Florida imposes strict penalties for individuals convicted of Driving Under the Influence (DUI). The severity of the penalties is based on various factors, such as the number of prior offenses and the presence of aggravating circumstances. First DUI Offense Fines: Typically ranging from $500 to $1,000. License Suspension: Minimum 180 days up to one year. Probation: Up to one year. Community Service: Mandatory hours. DUI School: Completion of a state-approved DUI education program. Possible Jail Time: Up to six months (mandatory imprisonment is not always imposed for a first offense). Second DUI Offense Fines: Fines were increased compared to a first offense. License Suspension: Minimum five years if within five years of the first conviction. Ignition Interlock Device: Mandatory installation at the individual's expense. Mandatory Jail Time: Up to nine months (mandatory imprisonment is typically required). Third DUI Offense Fines: Higher fines than for previous offenses. License Suspension: Minimum ten years if within ten years of the second conviction. Ignition Interlock Device: Mandatory installation at the individual's expense. Mandatory Jail Time: Up to twelve months (mandatory imprisonment is typically required). Aggravating Factors If aggravating factors are present (such as high blood alcohol concentration, driving with a minor in the vehicle, causing property damage, or injury), penalties can be more severe. Felony DUI: Repeated offenses or incidents resulting in serious injury or death can lead to felony charges with harsher consequences, including longer prison sentences and permanent license revocation. Defenses for DUI in Florida Mounting a strong defense is crucial for individuals facing DUI charges. While the specific defenses depend on the circumstances of each case, common strategies include: Challenging the Traffic Stop: Questioning the reasonable suspicion or probable cause for the initial traffic stop. Questioning Field Sobriety Tests: Disputing the reliability of field sobriety tests, examining their administration or interpretation. Disputing Breathalyzer Results: Challenging the accuracy of breathalyzer tests, questioning testing equipment or procedures. Medical Conditions or Medications: Demonstrating that observed behavior was due to medical conditions or medications, not intoxication. Rising Blood Alcohol Content (BAC): Arguing that the individual's BAC was below the legal limit while driving due to the time-lapse. Improper Police Conduct: Challenging the case based on any violation of constitutional rights during the arrest process. How Erase the Case Can Help Erase the Case is your ally in expunging DUI charges. Regain control of your future by lessening the impact of past legal challenges. Connect with us today to set the course for a brighter, unblemished tomorrow! FAQs about Felony DUI Is a DUI a felony or misdemeanor in Florida? In most cases, a DUI in Florida is considered a misdemeanor. However, it can become a felony under certain circumstances, such as repeat offenses or severe injury/death resulting from impaired driving. How long does a DUI stay on your record in Florida? A DUI conviction remains on your record for a specific period, affecting your driving record and potentially causing consequences for future offenses. If you consult legal experts, they can provide insights into expunging records or pursuing mitigation options. Is a second DUI a felony in Florida? Yes, a second DUI offense in Florida is typically classified as a felony. The state takes a harsh stance on repeat DUI offenders, imposing more severe penalties to deter impaired driving. Do first-time DUI offenders go to jail in Florida? While jail time is possible for first-time DUI offenders, it is not mandatory. Penalties may include fines, probation, and license suspension. The specific outcome depends on the case's circumstances and the effectiveness of the defense strategy. #### Is Weed Legal in Florida? How Much Weed Is Considered A Felony? Navigating the intricacies of Florida marijuana laws is essential, particularly concerning possession limits and felony classifications. Understanding whether weed is legal in Florida and the threshold for felony charges related to possession of marijuana is crucial for residents and visitors alike. So, is weed legal in Florida? Under Florida Statues 893.13, the possession of marijuana is considered a felony if you have more than 20 grams of weed in your possession. This aspect of the law underscores the importance of understanding the legal landscape surrounding the possession of cannabis and the potential ramifications of violating possession limits in the state. When Is Possession of Marijuana Considered A Felony in Florida? It is a felony to possess >20 grams of marijuana In Florida, possession of cannabis more than 20 grams is a felony. Individuals possessing quantities exceeding this threshold may face significant legal consequences, including hefty fines and potential imprisonment. The consequences for possessing marijuana as a felony in Florida can differ depending on several factors, including the circumstances surrounding the offense, the quantity of marijuana involved, the individual's criminal history, and mitigating circumstances surrounding the case. Individuals must understand and adhere to possession limits set forth by Florida's marijuana laws to avoid facing felony charges and associated penalties. What Are Penalties For Marijuana Possession? Understanding the penalties for marijuana possession in Florida is vital to navigating the legal landscape responsibly. So, how much weed is a felony in Florida? Here's a breakdown based on possession quantity: 20 Grams or Less: Offenders of this misdemeanor offense may be subject to a maximum penalty of one year of imprisonment and a fine of up to $1,000. 20 Grams to 25 Pounds: Individuals convicted of this felony may face up to 5 years of incarceration and a maximum fine of $5,000. 25 Pounds to 2,000 Pounds: This offense, a felony, may result in a sentence of 3 to 15 years' imprisonment, along with a maximum fine of $25,000. 2,000 Pounds to 10,000 Pounds: Possession of this quantity of cannabis is a felony, with a mandatory seven years of minimum sentence and 30 years imprisonment as a maximum sentence, along with a maximum fine of $50,000. 10,000 Pounds and more: This represents the most severe category of possession offenses. The mandatory minimum sentence for the offenders is 15 years imprisonment and a maximum sentence of 30 years imprisonment, along with a maximum fine of $200,000. Understanding the penalties associated with marijuana possession underscores the importance of compliance with Florida's laws and regulations. Individuals should exercise caution and awareness to avoid potential legal repercussions. Read more about the penalties of Marijuana possession Looking for an expungement lawyer? Erase The Case provides the fastest expungement service in Florida. Get Started! What Are Penalties For Marijuana Trafficking? In Florida, marijuana trafficking carries significant penalties based on the quantity of cannabis involved. Here are the penalties for marijuana trafficking: 25 to 1,999 pounds or 300 to 1,999 plants: 3-year minimum prison sentence and $25,000 fine 2,000 to 9,999 pounds or 2,000 to 9,999 plants: 7-year minimum prison sentence and $50,000 fine 10,000 pounds or more or 10,000+ plants: 15-year minimum prison sentence and $200,000 fine Florida Statute §893.135 mandates these sentencing thresholds, underscoring the state’s strict stance on large-scale cannabis trafficking. Know more about the crime of Trafficking in Cannabis here. What Are Penalties For Marijuana Manufacturing? Marijuana manufacturing offenses in Florida also carry severe penalties based on the quantity of cannabis involved. Here are the penalties for marijuana manufacturing: 20 grams or less: constitutes a misdemeanor offense, carrying a maximum sentence of 1 year imprisonment and a maximum fine of $1,000. More than 20 grams up to 25 pounds is classified as a felony. Those convicted may receive a maximum sentence of 5 years imprisonment and a maximum fine of $5,000. Between 25 pounds and 2,000 pounds are also categorized as felonies. Offenders are subject to a mandatory minimum sentence of 3 years, a maximum sentence of 15 years, and a maximum fine of $25,000. Between 2,000 pounds and 10,000 pounds: constitutes a felony, with a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment, accompanied by a maximum fine of $50,000. 10,000 pounds or more: offenders face a mandatory minimum sentence of 15 years imprisonment, a maximum sentence of 30 years imprisonment, and a maximum fine of $200,000. Learn more about the prohibited acts associated with marijuana manufacturing. FAQs about marijuana possession in Florida How many grams of weed are illegal in Florida? In Florida, the possession of marijuana without a valid medical marijuana card is deemed illegal. How much weed is a felony in Florida? Specifically, possessing over 20 grams of weed is classified as a felony offense. Is there a limit on weed in Florida? Yes, possession of more than 20 grams of marijuana is considered a felony offense in Florida. Is Recreational Weed Legal in Florida? As of now, recreational weed remains illegal in Florida. This means further that the answer to the question, "Is weed decriminalized in Florida?" is no, even for recreational purposes. However, medical marijuana is legal for qualified patients with a valid medical marijuana card. #### Misdemeanors That Prevent Employment in 2026 Having an offense on your criminal record does not always prevent you from working. However, certain misdemeanor charges can affect employment opportunities, particularly in industries that require trust, safety, financial responsibility, or professional licensing. For example: Healthcare jobs such as nursing, home health care, or medical assistants may be affected by certain drug offenses or crimes related to patient safety. Financial institutions often review theft, fraud, or dishonesty convictions because employees handle money or sensitive financial data. Under Florida law, a misdemeanor conviction generally remains on your criminal history record permanently unless it is legally sealed or expunged through the court process. If you qualify, legal record clearing may limit who can access your criminal history during employment background checks. Professional legal guidance is often necessary to determine eligibility for criminal record sealing or expungement under Florida Statutes §943.0585 and §943.059. 5 Types of Misdemeanors That Can Affect Employment Many employers conduct background screenings before hiring new employees. Florida employers frequently rely on background checks governed by Chapter 435 of the Florida Statutes, especially for jobs involving vulnerable populations such as children, the elderly, or disabled individuals. The following misdemeanor offenses commonly raise concerns during hiring: The following are a few of the misdemeanors that prevent employment: 1. Theft and Shoplifting Crimes involving theft, fraud, or dishonesty may raise concerns about trust for employers. These offenses can be especially problematic for jobs in retail, finance, accounting, or positions that involve handling money. 2. Disorderly Conduct or Public Intoxication Charges involving disorderly conduct, public intoxication, or fighting may raise concerns about professionalism or workplace behavior, particularly in customer-facing roles. 3. Assault or Battery Misdemeanor offenses involving violence, assault, or domestic battery may affect employment opportunities in workplaces where safety is a major concern. 4. DUI (Driving Under the Influence) A DUI misdemeanor may impact employment if the job requires driving company vehicles, providing transportation services, or operating heavy machinery. 5. Drug Possession Misdemeanor drug possession charges may affect employment in industries that require drug testing, safety-sensitive work, or federal regulatory compliance. Will Misdemeanors Show Up on a Background Check for Employment? Yes. Most misdemeanor convictions can appear on employment background checks. Your misdemeanors can show up on a background check. To conduct a background investigation, which may involve checking criminal histories at the local, state, or federal levels, businesses may collaborate with background-checking services or other private organizations. Specifically, an employer's background check may turn up: Positions held in previous companies dates of employment Job titles Reasons (provided by former employers) for leaving the company Employment history is disclosed through background checks, which are conducted to verify the accuracy of the information provided on a resume or job application. Work history from the previous seven to ten years is typically included in background checks. Furthermore, some sectors, like the financial services sector, can conduct background checks that go beyond. A person's criminal history, including any arrests, convictions, and other pertinent information, will be disclosed. Employers must, however, abide by the Fair Credit Reporting Act (FCRA) Employers often hire professional screening companies to search criminal records at multiple levels, including: County court records State criminal history databases National criminal databases Federal court records In Florida, criminal history information is typically obtained from the Florida Department of Law Enforcement (FDLE) database. Background checks may also verify other information, including: Previous employment history Job titles and employment dates Education verification Professional licenses Criminal history records Employment background checks must comply with the Fair Credit Reporting Act (FCRA). Under the FCRA: Employers must obtain written consent before running a background check. Applicants must receive notice if an adverse employment decision is based on a background report. Unlike credit reporting rules, criminal convictions may remain reportable indefinitely in many background checks, although some private screening companies apply internal reporting limits. How Long Does a Misdemeanor Stay on Your Record in Florida? In Florida, a misdemeanor conviction generally stays on your criminal record permanently. However, certain cases may qualify for record sealing or expungement, which limits public access to the record. Expungement (Florida Statute §943.0585) Expungement removes the public record of a case from most background searches after court approval and a Certificate of Eligibility issued by FDLE. Record Sealing (Florida Statute §943.059) Sealing hides the record from most public background checks, although some government agencies may still access it. Important eligibility rules include: The case must usually be dismissed, dropped, or result in withheld adjudication to qualify. A criminal conviction generally cannot be sealed or expunged in Florida. Individuals are typically limited to one record sealing or expungement in a lifetime. Because eligibility depends on the exact outcome of the case, legal review is often required before applying. A misdemeanor stays on your criminal record permanently unless you take legal action to have it sealed and erased. But will a misdemeanor affect employment? Read on. Can You Get a Job With a Misdemeanor? Yes. Many people with misdemeanor records can still find employment. Employers often consider multiple factors during hiring, such as: The type of offense How long ago did the incident occur? Whether the offense is relevant to the job duties Evidence of rehabilitation or good conduct Some Florida laws also allow individuals to request exemptions from disqualification for certain licensed professions under Chapter 435, Section 07, of the 2024 Florida Statutes. You are exempt from disqualification as long as you pay fines and your case has been lawfully released or dismissed by the court. With that, the skilled lawyers at Erase The Case can surely help you reclaim your life. Will My Current Employer Know if I Am Convicted of a Misdemeanor? Courts typically do not notify employers directly of misdemeanor convictions. However, employers may still become aware of a conviction in several ways. A current minor conviction may still affect your work status if you are already employed. There are circumstances in which you may be legally required to reveal the information, even if the court system won't inform your employer directly. Job-Related Duties If the offense is connected to your job responsibilities (for example, a DUI for a driving job), your employer may learn about the conviction through insurance checks or licensing reviews. Company Policies Some companies require employees to report criminal convictions during employment under internal HR policies. Industry Regulations Certain professions — such as healthcare, finance, childcare, or security — are subject to regulatory background checks. Licensing boards may require disclosure of criminal offenses. Before deciding whether to disclose a conviction, it is often advisable to review employment contracts and seek legal guidance. Expunge Your Misdemeanors Now for Better Future Employment! A criminal record does not have to define your future. If your case qualifies, Florida record sealing or expungement may help limit public access to past charges during background checks. Because the eligibility rules and procedures can be complex, working with experienced legal professionals can make the process significantly easier. Erase The Case focuses exclusively on Florida expungement and record sealing, helping individuals navigate the legal process and determine whether their record may qualify for relief. Expunging your misdemeanors from your record will be fast and easy! #### New Florida Expungement Law in 2026 Florida's expungement laws continue to evolve, but many common misconceptions persist. If you've been searching for answers about recent updates to the expungement process in Florida, this guide will bring clarity. Whether you're concerned about eligibility, recent legislative efforts, or how the process works in 2026, you're in the right place. For a broader overview of Florida's eligibility rules and full expungement/sealing procedures, see our main Florida Expungement Process What's New in Florida Expungement Law (2026)? While Florida's core eligibility criteria haven't changed this year, 2026 brought key procedural updates that affect how applications are processed and how quickly eligible individuals can clear their records. 1. Live Scan Fingerprinting Now Required Florida now mandates the use of state-approved live scan vendors for fingerprint submission. This replaces the older, ink-based fingerprint cards that often slowed down the process due to smudges or mailing delays. Live scan technology improves accuracy and reduces turnaround time, but applicants should confirm that their chosen vendor is FDLE-approved before proceeding. 2. Expanded Juvenile Expungement Eligibility Since July 1, 2021, under Senate Bill 274, juveniles who complete diversion programs for any offense, including felony offenses, can apply to have their nonjudicial arrest records expunged. This law expanded previous eligibility, which only covered first-time misdemeanor diversions. Additionally, juveniles completing these programs, whether for felonies or subsequent offenses, are permitted to lawfully deny or not acknowledge participation in such programs or their expunction. 3. Ongoing Legislative Developments In 2023, Governor Ron DeSantis vetoed a bill aimed at expanding expungement eligibility for adults seeking to clear records that were previously expunged as juveniles. Following this, Senate Bill 54 (2024) was introduced with similar goals to provide broader second-chance opportunities for affected individuals. Although Senate Bill 54 did not pass, these efforts highlight ongoing legislative interest in improving Florida's expungement framework. What Has Not Changed? (But Is Commonly Misunderstood) Edit Scenario Expungement Sealing Case was dismissed (e.g., nolle prosequi, no action, acquittal) YES, even for sexual offenses, violent felonies, or domestic violence Not applicable because there's no adjudication Withhold of adjudication (no conviction, but not dismissed) No expungement No sealing for prohibited offenses Multiple expungements or sealing Only if cases related Only if cases related Despite recent legislative interest and media discussion around expanding expungement access in Florida, there has been no official change to eligibility requirements regarding serious or violent offenses. Some public commentary has led to misunderstandings that Florida has already expanded eligibility for expunging felony or dangerous offenses. This is not accurate. The current law remains unchanged. If your case was dismissed, dropped, or resulted in a "nolle prosequi," you may still be eligible for expungement, even if the offense involved sexual misconduct, violence, or domestic violence. However, suppose your case resulted in a withhold of adjudication, and the offense is listed under Florida's disqualifying crimes (e.g., sexual battery, aggravated assault, etc.). In that case, you are not eligible for sealing, and you cannot expunge a case that wasn't dismissed. Some people believe that the new law allows for the expungement or sealing of multiple cases. However, you can only expunge or seal cases once in your lifetime. Additionally, only cases that are related, such as those filed on the same day, cases that were reduced from another case, or cases that were transferred to each other, are eligible for this process. For a comprehensive explanation of eligibility and a breakdown of record sealing vs. expungement, see our main hub page: Florida Expungement (Eligibility Requirements & Process) Find Out If You're Eligible - Free Case Review As the leading Florida expungement attorneys, we exclusively handle expungement and background record removal across Florida. If you've ever been told you weren't eligible, that may no longer be true under the 2026 reforms. 📞 Call for a free consultation: +1 866-372-7335📄 Request your eligibility review: Take the test now 📩 Got a question? Email us: lawyer@erasethecase.com   #### Seal and Expungement Application Form When you want to clear your record in Florida, the first step is always the Application for a Certificate of Eligibility with the Florida Department of Law Enforcement (FDLE). Without this approval, you cannot petition the court to seal or expunge your record. But here's the truth: while the FDLE application is mandatory, it's also complicated and easy to get wrong. That's why Erase The Case has designed a faster, simplified way for clients to get through this process. Challenges of Filing the FDLE Application on Your Own Filing the FDLE application sounds simple, but it rarely is. Clients often run into issues such as: Multiple agencies involved - You'll need documents from the clerk of court, certified dispositions, a signed prosecutor statement, fingerprints from law enforcement, and the $75 fee to FDLE. Risk of rejection - If a single piece of paperwork is missing, incomplete, or outdated, FDLE will send your application back, delaying your case for months. Complex eligibility rules - Many people don't know if withheld adjudications, diversion programs, or old charges make them ineligible. One wrong assumption can waste valuable time. That's why so many people give up or get stuck waiting. How Erase The Case Simplifies the Process for You Attorney David Weisselberger, founder of Erase The Case, saw firsthand the stress and delays the FDLE process caused for people trying to rebuild their lives. That's why he created a streamlined in-house application form just for clients. One form. One step. Instead of juggling multiple agencies, you fill out one simplified form with our office. We handle the rest. Our team secures certified court dispositions, coordinates fingerprints, submits the FDLE packet, and ensures every requirement is satisfied. Fast and precise. Because we only focus on expungement law, nothing slips through the cracks. Florida Expungement and Sealing Application Form Benefits of choosing Erase The Case: 99.7% Success Rate - Nearly every client we take on leaves with their record cleared. Fastest Expungement in Florida - Immediate filings after eligibility ensure no wasted time. Complete Criminal Footprint Removal - Beyond court expungement, we remove your record from background check companies and mugshot sites for ultimate erasure. Transparent, Flat Pricing - Clear upfront costs, no hidden fees. Trusted Firm - Hundreds of Floridians share five-star experiences working with us. Expunging criminal records in Florida is a complex legal process involving 67 clerks of courts and 20 judicial circuits, with significant variations in local rules. Careful adherence to all requirements is essential, as failing to do so could result in parts of your criminal history remaining public. David Weisselberger Why Choose Erase The Case Instead of DIY Filing? Here's the bottom line: FDLE form on your own = confusing, slow, and high risk of rejection. Erase The Case process = streamlined, attorney-managed, and built for speed. Our method can save you weeks or even months by avoiding the common errors that derail applications. From your first intake form to the final court order, we manage the entire process end to end until your record is officially sealed or expunged. Expunge Your Records in Less Than 5 Months? Over 85% of our cases are expunged from 3-5 months (data proven) Expunge Now! FAQs How long does FDLE take to process applications? FDLE typically takes 5-7 months to process a Certificate of Eligibility. Working with an attorney helps reduce avoidable delays. Can I submit the FDLE application without an attorney? Yes, but mistakes are common and often cause rejection or long delays. Having a lawyer ensures the application is complete and properly submitted. What if FDLE denies my application? If your application is denied, you may have limited remedies depending on the reason. Our attorneys can review your case and advise on your options. Does Erase The Case's form replace the FDLE form? Not exactly. Our in-house form simplifies your intake. We then prepare and submit the official FDLE application for you-correctly, the first time. #### Should I Hire an Expungement Lawyer in Florida? A person's criminal history record has the power to dictate and limit them for the rest of their lives, even if it was a one-time mistake. In a country that promotes the possibility of reformation and redemption, people have the right to request that the court seal or expunge all public records of their criminal charges or arrests. Having a record expunged allows people the chance to move on from their prior convictions and continue their lives without the restrictions and judgment of a criminal arrest record. That said, Florida law does not provide this privilege to everyone, and there are often complications during the legal process, which is why criminal record expungement lawyers such as Erase The Case exist to provide advice and assistance along the way. What Is Criminal Record Expungement? Expunging a criminal record is the process of having it sealed and eventually removed from all public records. Under Florida law, expunged criminal history records must be removed from all internet sites with public access, including online government records. It remains on an actual record privately and is covered by special protection rights. The Florida Department of Law Enforcement allows many people to seal or expunge their records. However, any of the following lewd or lascivious offenses committed are not expungable in Florida: Aggravated child abuse, elderly abuse, or abuse of a disabled person Sexual offender (exceptions are available under certain circumstances) Aggravated assault or battery Drug trafficking or manufacturing Homicide or manslaughter Any sexual activity involving a minor Violating the Florida Communications Fraud Act Arson Terrorism Assault of a member of law enforcement Various other acts of theft or violence (36 in total) Expunging criminal records is not a free pass, nor is it an easy way around Florida statutes or law enforcement agencies. It is an option available to those who wish to put their past behind them and live their lives as good and honest people, seeking employment and correcting their paths. Do I Need a Lawyer to Expunge My Record in Florida? Although it's possible to expunge your record in Florida without a lawyer, it's highly recommended to seek legal assistance. The expungement process can be complicated, involving specific eligibility requirements, detailed paperwork, and strict procedures that must be followed precisely. A lawyer specializing in expungement can help you navigate these complexities, ensuring that all necessary documents are gathered and submitted correctly. They can also address any potential legal challenges that may arise, increasing your chances of success. Ultimately, having a lawyer handle your case provides a higher likelihood of having your record expunged and ensures the process goes smoothly. How Can Lawyers Help Get a Criminal History Record Expunged? An expungement expert can help to get a criminal record sealed or expunged in as little as two months, depending on the criminal offense. To get a record sealed or expunged, a lawyer can go back to before a person was even found guilty. They can gather evidence from the law offices that were involved at the time, court records with details of the case, and can find any other relevant information in the Florida records. An attorney can get a record sealed or expunged under the Florida Statutes Section 943.059 or 943.0585 for juvenile justice. It is possible based on the conviction, the arrest circumstance, the actions since the crime, and the overall circumstances of the case. Why Hire an Experienced Florida Expungement Lawyer? Expungement cases in Florida are often complex, requiring careful navigation through legal processes. From juvenile diversion to human trafficking expungement, numerous factors must be considered. The State Attorney's Office typically requires strong justification to approve a sealed record, making it essential to have skilled representation. Key Reasons to Hire Legal Assistance: Improved Success Rate: Attorneys are better equipped to handle the complexities of expungement, increasing the likelihood of a favorable outcome. Expertise with Difficult Cases: Some records are especially challenging to expunge, making professional legal counsel invaluable. Now is an excellent time to pursue expungement, as out-of-state convictions no longer affect eligibility in Florida. This is particularly important because: Many jobs require background checks, including records of juvenile interactions. Certain areas restrict residency for individuals with criminal records. Discrimination against people with records remains a significant barrier, regardless of personal progress. Be cautious of online services promising record deletions, as many are scams that can cause more harm than good. Ultimately, hiring an experienced attorney is the wisest choice to ensure the best chance of success. The Erase the Case team, Florida's leading expungement law firm, has an exceptional track record in helping clients clear their records. Get Your Record Expunged with Erase The Case If you or someone you know needs the legal advice of an experienced criminal defense attorney who specializes in having criminal and arrest records sealed, then fill out our contact form today for a free consultation. Our dedicated and passionate expungement lawyers can discuss all the details of your case under the privilege of the attorney-client relationship from the initial consultation to the county court final verdict. Having a record sealed means a second chance at life. Whether you are looking to remove a juvenile record, seal a criminal conviction, or have an arrest record sealed, contact an expungement attorney not at Erase the Case #### The Expungement Firm to Take Care of That Criminal Record Having a record expunged means that someone's past criminal convictions will be erased from all official databases that may have this information. However, the person will need to file a petition for expungement. This is where expungement lawyers like Erase The Case come in handy because this process can be challenging to complete without the proper knowledge of the legal system. Many people think that a person's criminal record is automatically removed from the system if the felony convictions never happen, they have been found not guilty or dismissed the charges. However, this is not true. Law enforcement records will stay on the system, and people will be able to see all criminal records if they look them up unless the person has their criminal record expunged. Table of Contents Toggle Who Is Eligible for Expungement? Which Criminal Records Cannot Be Expunged? The Expungement Process What About Drug Court and Expungement? Why Is Getting a Record Expunged Important? Call Erase the Case Now! Who Is Eligible for Expungement? An expungement lawyer will know whether someone is eligible for expungement based on their arrest record. There are specific criteria that people need to meet to show that they are eligible for expungement: If a person's criminal charges were dismissed in court, then they are eligible. People who were found not guilty by a judge or jury. If the person has completed their pre-trial probation and all fines have been paid for. A person who has pleaded guilty or been found guilty and has managed not to have another felony conviction within five years is eligible. DO I QUALIFY? Which Criminal Records Cannot Be Expunged? In Florida, there are 36 crimes that cannot be expunged unless the charges are dropped or dismissed. Some of those charges are: Arson Aggravated battery Child abuse Kidnapping Homicide Robbery Manslaughter Sexual battery Kidnapping Carjacking Fraud Drug trafficking Burglary Stalking These are only a few of the charges that cannot be expunged unless they have been dropped or dismissed. However, people should look at the complete list to know if their conviction falls under them. Additionally, the cases that can be expunged are usually misdemeanors. People can look at a complete list to learn whether their arrest is classified as a misdemeanor. The Expungement Process The goal of the expungement process is to have everything removed from the court system, so people cannot have access to someone's criminal record. An expungement petition will need to be signed and sent to the Florida Department of Law Enforcement. However, many different forms of expungement can happen. This is because expungement law is complex. After all, arrest records are made to keep people safe regarding certain offenses. However, this can be difficult for a person who wants to have their records expunged. What About Drug Court and Expungement? When it comes to drug offenses, some are not eligible for expungement. This includes manufacturing and drug trafficking. However, if someone was only arrested for these offenses, then they may be eligible to have their arrest expunged. This can only happen if the charges are either dropped or dismissed. Also, low-level misdemeanor drug offenses may be eligible for expungement. However, a DUI is never eligible for expungement. To learn more, speak to a professional lawyer about whether they can help. DO I QUALIFY? Why Is Getting a Record Expunged Important? A criminal arrest or a criminal history can make someone's life challenging for many reasons. If they want to be employed, then they will want to pass a background check. Some people will need to provide a background check if they're going to rent somewhere to live. Also, this can affect someone's immigration status, whether they are in the country or are planning to visit. There are many reasons why people will want to get their records sorted out, but this can only be possible if the right lawyers are present to get this done. Expunged records allow people to continue to live their lives to the best of their abilities. Many people think that their records will be automatically cleared if they have not been charged, but that is not the case. There are only certain juvenile convictions and cases that are expunged after the person has become an adult. Otherwise, it is the person's responsibility to get their case expunged. Call Erase the Case Now! The team at Erase the Case is filled with lawyers who are knowledgeable, passionate, and experienced. They understand how the expungement works and how to file all of the correct paperwork. There is also a free consultation for those who want to see if this team is right for them. Additionally, the attorney services available to the client have been catered to people who need help with their expungement order. The client will always know what is happening with their case, so they never have to worry about being in the dark. That is because of the attorney-client relationship that will be built during the process. Anyone who has any questions should call 1-866-ERASE-FL. #### Understanding Level 1 Background Checks in Florida A Level 1 background check in Florida is the most basic form of criminal record screening verified through the Florida Department of Law Enforcement (FDLE). It reviews only state and county records using a person's name and identifying details, without fingerprint verification. This check is required under Florida Statute § 435.03 for certain low-risk or administrative positions, helping employers and agencies confirm eligibility before hiring or licensing. Understanding what a Level 1 background check includes, how it works, and when it applies can prevent costly delays or compliance issues later. What Is a Level 1 Background Check in Florida? A Level 1 background check in Florida is a name-based criminal record review conducted by the Florida Department of Law Enforcement (FDLE) under Statute 435.03. It verifies records across 67 counties and the Dru Sjodin National Sex Offender Public Website to confirm whether a person has any disqualifying offenses in Florida. This type of background check relies on a person's name and identifying details rather than fingerprints. Because it does not access national databases, it represents the simplest form of screening used by Florida employers-most often for clerical, administrative, or entry-level roles where the risk to the public is low. In contrast, a Level 2 background check expands the search through fingerprint analysis verified by both the FDLE and FBI and is required for jobs involving children, healthcare, or public safety. Who Needs a Level 1 Background Check in Florida? A Level 1 background check is required for employment or licensing that needs state-level verification but does not involve a federal fingerprint review. The requirement is outlined in Florida Statute § 435.03 and applies to positions where the risk to the public is low and responsibilities are administrative or support-based. You may need a Level 1 background check if you are: Administrative staff or contractors working for a state agency County or municipal employees in clerical or public works departments School district staff without direct student contact Healthcare administrators who do not provide patient care Business owners or vendors applying for local permits or operating licenses Employers and licensing bodies use Level 1 checks to verify identity and review state criminal records before issuing approvals or job offers. At Erase The Case, we review and confirm FDLE screening records for accuracy so employers and applicants can proceed with confidence that every check meets Florida's official verification standard. How to Request a Level 1 Background Check in Florida? You can order your own background check or one for a prospective hire through the FDLE Criminal History Information Portal. To request a Level 1 background check in Florida, you must submit a criminal record search through the Florida Department of Law Enforcement (FDLE) using the Criminal History Information Portal available at fdle.state.fl.us. Select "Criminal History Search - Name Based (Florida Only)", then provide the person's full legal name, date of birth, and, if available, Social Security number. The FDLE charges a $24 nonrefundable fee, payable online. Search results are typically delivered by email within 3 to 5 business days. If you prefer to apply by mail using FDLE's printed form, the review and processing period usually extends to about 2 weeks. What the FDLE Reviews: Criminal history records from all Florida counties, verified under Florida Statute § 435.03 The Dru Sjodin National Sex Offender Public Website, to confirm no listed offenses Local law enforcement databases, when the requesting agency requires additional verification Every background check is verified through official data sources to ensure the accuracy and completeness of Florida's criminal record review process. How Long Does a Level 1 Background Check Take in Florida? A Level 1 background check in Florida is usually completed within a few minutes to one business day. Because it is processed through the FDLE using a person's name and date of birth, the results are typically generated almost instantly once payment is confirmed. However, delays can occur when FDLE receives a high number of requests or when certain records require manual verification by county clerks or local law enforcement. In those cases, the review period can extend slightly, but most name searches are finalized within 24 hours. What Disqualifies You from a Level 1 Background Check in Florida? Under Florida Statute § 435.07, a Level 1 background check can disqualify a person from employment or licensing when the record shows offenses that indicate a risk to public safety or trust. The FDLE verifies these records through state and county criminal databases before reporting disqualifying results. Disqualifying offenses include: Violent crimes under Chapters 414 and 784, such as murder, manslaughter, aggravated assault, or aggravated battery. Abuse or exploitation of children, elders, or disabled adults, confirmed through official court records. Fraud or theft involving public assistance or healthcare programs, particularly felony violations. Drug-related felonies under Chapter 893, including possession with intent to sell or distribute controlled substances. Sex-related crimes under Chapters 794 and 796, such as sexual battery or prostitution-related offenses. Other serious offenses, such as arson, kidnapping, or introducing contraband into a correctional facility. An adjudication withheld is treated the same as a conviction for screening purposes. In addition, an open arrest or pending case may cause temporary disqualification until the record is resolved. In some situations, the law allows individuals to request an exemption from disqualification. The applicant must show evidence of rehabilitation and demonstrate that a sufficient period of time has passed since the offense. Each exemption request is reviewed and approved by the relevant state agency, based on official documentation and the nature of the prior offense. What Should You Do If Your Level 1 Background Check Fails? If your Level 1 background check fails in Florida, begin by getting a copy of your FDLE report and reviewing it for errors. If you find an error, gather certified court documents showing the correct disposition and file a criminal history record challenge with FDLE under Rule 11C-8.001. Once the challenge is received, FDLE must verify the documentation and update the record within 30 days, based on information confirmed by county clerks or the originating agency. Notify your employer or licensing authority that a correction request is underway and provide supporting proof, such as certified judgments or dismissal orders. This step helps prevent unnecessary withdrawal or denial while FDLE finalizes the update. If the FDLE report is accurate, you may still submit a written explanation or request reconsideration, especially when charges were dismissed, reduced, or followed by successful rehabilitation. Employers and agencies often review these materials as part of their risk-assessment process. When disputes remain unresolved, individuals may attach a personal statement to their FDLE record or seek legal advice under the Fair Credit Reporting Act (FCRA) to ensure that all information reported to third parties is fair and current. How Much Does a Level 1 Background Check Cost in Florida? A Level 1 background check in Florida generally costs between $8 and $20 when ordered as a name-based criminal record search through authorized vendors or state systems. These screenings are commonly used for low-risk or administrative positions, where state law does not require fingerprint submission or access to federal databases. The Florida Department of Law Enforcement (FDLE) charges an official fee of $24 for checks submitted directly through its Criminal History Information Portal. Some third-party providers may add small processing fees, while large agencies occasionally receive bulk-rate pricing for high-volume screenings. Always keep your payment receipt, as it serves as official proof that the background check was completed in compliance with Florida Statute § 435.03. Common Problems with Level 1 Background Checks A Level 1 background check in Florida has several known limitations. It reviews only state and county criminal records, so it can miss federal or out-of-state offenses. Because the search is based on a person's name instead of fingerprints, even small data errors can affect accuracy. Limited Scope Level 1 checks confirm only Florida records. Federal arrests, other states' convictions, or older sealed cases may not appear at all. This limited reach makes it unsuitable for high-trust positions. Data Inconsistencies Many reports contain incomplete or outdated information. Issues such as misspelled names, duplicate entries, old county updates, or expunged and sealed cases often remain visible when local databases are not synchronized with the FDLE. Wrong Personal Details Incorrect birth dates or Social Security numbers can produce false matches. Applicants sometimes worsen the issue by entering inaccurate education or employment history, which can delay or void the review. Employer Compliance Risks Employers and agencies must manage every background check in line with the Fair Credit Reporting Act (FCRA) and Florida privacy laws. Mishandling data or disclosing results without consent can trigger civil penalties and legal action. Not Suitable for Sensitive Roles Because Level 1 checks depend only on personal identifiers, they are best for administrative or low-risk roles. Jobs in healthcare, childcare, or public safety require a Level 2 fingerprint screening, verified by both FDLE and the FBI, as the legally approved standard. Consolution A Level 1 background check provides a quick and affordable way to confirm someone's record within Florida. It's ideal for state or local roles that do not require fingerprint or federal database access. However, because this type of screening is limited in scope, it may not reveal offenses outside Florida or older sealed records. If a background check result appears incorrect or incomplete, it's essential to verify the report directly through FDLE and request correction under Rule 11C-8.001. A clean and accurate record ensures full compliance with Florida employment and licensing laws, and can help avoid unnecessary disqualification or delay. Level 1 Background Check Questions (FAQ) How long does a Level 1 check stay valid? A Level 1 background check in Florida does not have a fixed expiration date. Its results reflect the person's record at the time of screening, and any criminal history remains indefinitely unless expunged or sealed. Can employers combine Level 1 with private checks? Yes. As long as they follow the Fair Credit Reporting Act and Florida privacy laws. Many add education or credit verifications for completeness. Are Level 1 results public? No. Your results go only to you or the authorized agency. Employers must keep them confidential under Florida's public records exceptions. Can expunged offenses appear on a Level 1 check? No. Once a record is expunged or sealed under Florida Statute § 943.0585, it's removed from public view. Only law enforcement may see it for specific statutory reasons. How do you dispute an incorrect disqualification? File an appeal within 30 days to your licensing agency and include corrected documents from FDLE or the court. If the issue continues, request a formal review through FDLE's Records Section. What's the connection between expungement and background checks? Expungement and background checks are closely linked because expungement removes criminal records from public access, while background checks reveal them. When your record is expunged in Florida, it no longer appears on most employer or landlord background checks run through the FDLE or private databases. Only certain government agencies can still view it for limited purposes. #### What Does a Florida Expungement Lawyer Do? If you have been charged with a crime or have been arrested and the case has been resolved, you may be wondering, "How do I get rid of this criminal record?" A criminal record can hinder your chances with future employers, government agencies, educational institutions, and more. In Florida, you may seal or expunge your criminal information, so it is not viewable to the public. When a criminal history record is sealed, the form is placed under highly restricted access and is unavailable to private or public entities. Only related entities and specific governmental individuals can access these sealed records, primarily those mentioned in Florida's Law Code 943.059(4)(a). Expungement means that the offense has been removed from the Florida Department records, and even arrest reports and court files are destroyed. Entities who have had access to an expunged Florida arrest record would not have access to it without a court order. Other than that, there are many benefits to getting your Florida record expunged. Let's learn more about criminal records and what can be done for someone seeking expungement. What Is a Criminal Record? A criminal record can include anything from convictions to arrests. Some law enforcement agencies, including the CIA, narrow the definition to a forcible felony or other specific situations. Even if the court rules in favor of the defendant, criminal offense charges are still going to show up in criminal history checks. Criminal records affect many people in America, with one in three adults being arrested by 23 the age of. In some cases, authorities may expunge separate criminal charges, which remove interaction with enforcement agents. However, a person with a record would be held accountable for their actions with everyone from lenders to landlords. The Financial Barriers Of Criminal Records An ex or juvenile offender may face a variety of restrictions and official sanctions known as collateral consequences. Many professionals run background checks, and these include but are not limited to: Leasing agents and landlords Employers Attorneys Lenders Besides going through the Florida Law Enforcement Agency, the internet provides multiple commercial background check sites available for public use. It is simple to gather information on people online, which remains valid for criminal background checks. Some curious person could quickly lookup an ex-offender's arrest records, adding unnecessary strain to the relationship. The biggest hurdle ex-offenders face is finding jobs and applying for loans. It can be challenging for them to spend time in jail rather than pay fines or do community service. People who have a misdemeanor record should contact Florida expungement lawyers to seal or expunge their case. How to Clear Your Criminal Record with the Florida Department of Law Enforcement Contacting Florida Expungement attorneys is the first thing you should do if you have committed a non-violent felony or misdemeanor. They can help you ask for pardon and guide you through getting the record expunged. DO I QUALIFY? Determine If You Can Get Your Record Sealed First, you need to determine if you qualify for compassion with a criminal defense attorney. They can provide free written information from the criminal justice agency concerning your case. Individuals sent to a juvenile correctional facility face a more relaxed qualification standard than someone with an adult record. In some states, criminal record expungement is only allowed if no arrests occurred during the conviction. Although the Criminal Justice Information Program, the State attorney's office, and the arresting agents can still view the Florida expungement record, the state statute may lawfully deny people from having their records sealed in Sarasota County and Pinellas County. More serious crimes are generally not allowed record sealing through expungement lawyers. These are some of the crimes that are not allowed to go through administrative expungement:   Human trafficking Corruption of a minor Murder A first-degree misdemeanor offense Rape Serious weapon charge Pornography charges involving a minor Find The Right Attorney Under the Florida Statutes, you can seek legal advice with expungement lawyers to remove your misdemeanor or juvenile record. We are the preferred Florida expungement lawyers who maintain a confidential attorney-client relationship with all our representatives. You can use the contact form to reach us and book your free consultation. Our law firm can aid in removing the public record via the deputy clerk and the statewide prosecutor. You can fill out the online form to begin your free case evaluation and start the diversion program with the state attorney. Conclusion Once our law firm has received the relevant information and determined your eligibility to remove the case from public records, it can continue to contact the arresting agency to expunge the offense. In the case of an adjudicated delinquent, the chance of obtaining a sealed record is high if found guilty of a non-violent crime.  In any way you look at it, having an expunged record can help you financially, mentally, and socially. #### What Happens At An Arraignment For A Misdemeanor? The misdemeanor arraignment hearing is the defendant's first court appearance in the legal process. It's where they learn about the allegations against them and their constitutional rights. Despite being often overlooked, this step sets the tone for legal proceedings. Understanding the arraignment process is crucial, especially if an individual is facing charges in court. Delving into it provides insights into navigating the legal system effectively. Exploring this stage sheds light on its significance and implications for defendants. Let's explore it further. What Is An Arraignment? At an arraignment, the defendant is formally informed of the charges brought against them and is asked to enter a plea. Here's what the judge typically does in a misdemeanor arraignment hearing: Outlines the charges, Reads the defendant their rights, Explains the potential consequences of each plea option, Address bail, and Release conditions if the defendant is in custody. The defendant's attorney, if present, may also enter an appearance and request discovery from the prosecution. For instance, if the defendant pleads guilty, the case may proceed directly to sentencing. If the defendant pleads not guilty, the court schedules future hearings, such as pretrial conferences or trial dates. Overall, a misdemeanor arraignment hearing sets the stage for further proceedings and allows the defendant to understand the charges against them and the legal options available. What Plea Does A Defendant Enter At The Hearing? During a misdemeanor arraignment hearing, the defendant is typically asked to enter one of three pleas: guilty, not guilty, or no contest (nolo contendere). Each plea carries different consequences for how the case proceeds and the defendant's rights. Guilty Plea: By pleading guilty, the defendant admits to the charges brought against them. It often results in sentencing without a trial. Not Guilty Plea: A plea of not guilty indicates the defendant denies the charges. With this plea, additional legal procedures may be initiated, such as pretrial conferences and potentially a trial. No Contest Plea: A plea of no contest means that the defendant neither admits nor denies the charges but accepts the punishment. With this plea, the defendant may be shielded from civil liability arising from the same incident. Check out how criminal cases work here What Rights Does An Accused Have At The Hearing? During a misdemeanor arraignment hearing, the accused enjoys several fundamental rights safeguarded by the legal system. These rights ensure fair treatment and due process throughout the legal proceedings. Right to Legal Representation: The accused has the right to be represented by an attorney. If unable to afford one, the court appoints a public defender. Right Against Self-Incrimination: The accused has the right to remain silent and not testify against themselves. Right to a Speedy Trial: The accused has the right to a timely trial without undue delay. Right to a Jury Trial: If the offense warrants, the accused has the right to a jury trial. Right to Confront Witnesses: The accused can question witnesses testifying against them. For comprehensive information regarding the rights of the accused, check the Declaration of Rights of the accused. How does The Judge address bail And Any Release Conditions? At a misdemeanor arraignment, the judge evaluates various factors to determine bail and release conditions. Constitutional rights ensure fair treatment, including the presumption of innocence until proven guilty. The judge considers the severity of the offense, the defendant's criminal history, and the likelihood of appearing for future court dates. Bail may be set based on these factors, or the defendant may be released on their recognizance. The goal is to balance public safety with the defendant's rights while awaiting trial. Read More: Florida Misdemeanor Exceptions in 2024 What Happens In The Next Court Day? Following the arraignment, the next court date is often a pretrial conference for misdemeanor cases. During this phase, both the prosecution and defense exchange evidence, discuss potential plea bargains, and prepare for trial if necessary. Defendants must comply with any conditions set at arraignment, including reporting requirements and travel restrictions. FAQ What typically occurs during an arraignment? Arraignment serves as the defendant's first appearance in court. They are informed about the charges filed against them, asked to enter a plea, and given information about bail and release conditions. How long does it take to get a court date for a misdemeanor? The time frame for scheduling a court date for a misdemeanor can vary. It usually takes a few weeks to a month after the arraignment for the court to assign a date. Can a lawyer appear on behalf of the defendant at the arraignment hearing? Yes, in many cases, defendants can have their lawyers represent them at the arraignment, especially for misdemeanor charges. #### What Is A Felony? 5 Degrees of Felonies in Florida In Florida, felonies are serious criminal offenses with significant legal consequences. Understanding the various degrees of felonies in Florida is crucial, as they determine the severity of the crime and the penalties involved. This article delves into the different degrees of felonies in the Sunshine State, their definitions, and the associated penalties. Whether you're seeking to deepen your understanding of criminal defense or simply curious about Florida's legal landscape, this comprehensive guide will shed light on what constitutes a felony in Florida and how it differs from a misdemeanor. What Is A Felony in Florida? A felony in Florida is a serious criminal offense that may result in significant penalties, including incarceration. Felonies are more severe than misdemeanors and are categorized into different degrees of felony based on the severity of the crime. What Crimes Are Considered Felonies in Florida? The list of felonies in Florida encompasses a wide range of criminal activities, including but not limited to: First-Degree Felony: Such as murder, punishable by life imprisonment or the death penalty. Second-Degree Felony: Like sexual battery, carrying a sentence of up to 15 years. Third-Degree Felony: Includes grand theft, with penalties of up to 5 years. Life Felony: Examples include kidnapping and carjacking, leading to life imprisonment. Capital Felony: Murder of a law enforcement officer or heinous crimes resulting in the death penalty. 5 Different Degrees of Felonies in Florida In Florida, felonies are categorized into five degrees, each with varying severity and distinct penalties. These levels of felony are as follows: First-Degree Felony First-degree felonies are the most severe criminal offenses in Florida. They often involve violent crimes, such as murder or armed robbery. Some white-collar crimes, like embezzlement of large sums, can also fall into this category. Second-Degree Felony Second-degree felonies include crimes like sexual battery, aggravated assault, and certain drug trafficking offenses. These crimes are serious but not as extreme as first-degree felonies. Third-Degree Felony Third-degree felonies include grand theft, certain drug possession crimes, and certain types of fraud. Life Felony Life felonies involve crimes like kidnapping, carjacking, and certain sexual offenses. These offenses are highly serious, although they do not qualify as capital felonies. Capital Felony Capital felonies represent the gravest offenses in Florida, typically involving extremely heinous acts. Such instances could include actions such as the fatal shooting of a law enforcement officer or the perpetration of multiple homicides. Also Read: How Long Can A Felony Charge Be Pending in Florida? What Are The Penalties of Felonies in Florida? Penalties for felonies in Florida vary based on the degree of the offense. Below is a breakdown of the potential consequences associated with each degree: First-Degree Felony: Convictions may result in a life imprisonment sentence or the death penalty. Second-Degree Felony: Convictions can result in a sentence of up to 15 years imprisonment. Third-Degree Felony: Convictions may result in imprisonment for up to 5 years. Life Felonies: Can result in life imprisonment upon conviction. Capital Felonies: Carry the potential for life imprisonment, much worse, the death penalty without the possibility of parole if a conviction is obtained. The Difference Between a Misdemeanor and a Felony in Florida In Florida, the primary distinction between misdemeanors and felonies lies in the severity of the offense and the associated penalties. Misdemeanors, such as petty theft or simple assault, result in relatively minor penalties, including fines, probation, and short jail terms. Felonies, which comprise more severe crimes like murder and drug trafficking, carry heavier penalties, including substantial fines and longer prison sentences. Convictions for both misdemeanors and felonies create criminal records, but felony convictions have more profound implications for future opportunities and civil rights. The legal process for felonies is typically more intricate, involving grand jury indictments and lengthier court proceedings, while misdemeanors are processed more expediently. How Long Does A Felony Stay on Your Record in Florida? Convictions for felonious offenses can leave a lasting impact on an individual's criminal record. In Florida, a felony conviction typically remains on your record permanently unless you take steps to expunge it. Here is a breakdown of the general statute of limitations timeframes for various felony classifications: No Statute of Limitations for Capital Felonies First Degree Felonies - Four Years Less Serious Felonies - Three Years Exceptions Check how long does a felony stay on your record in Florida for a more detailed discussion. How Our Attorney Can Help If you're curious about expunging your criminal records in Florida, Erase the Case offers a straightforward solution. Our team of experts specializes in clearing your record with ease. We leverage our legal expertise to assess your situation, serve as your advocates, and navigate the intricacies of the law. Whether it involves negotiating for favorable settlements, providing strong courtroom representation, safeguarding your rights, or exploring expungement possibilities, we're committed to achieving the best outcome for your specific legal needs. Your concerns are our top priority, and we offer a personalized approach to legal representation. Don't hesitate to get in touch with us today! FAQ What is the most serious felony in Florida? The most serious felony in Florida is a capital felony, which is commonly penalized with either the death penalty or life imprisonment with no opportunity for parole. How many felonies can you have in Florida? There is no specific limit to the number of felonies in Florida, but each felony is treated as a separate criminal offense with its own penalties and sentencing. How much can you steal in Florida without going to jail? In Florida, any value of stolen property can potentially result in jail time, even for a first offense, but stealing under $750 typically results in misdemeanor charges. Is stealing $1,000 a felony in Florida? Yes, stealing $1,000 is a felony in Florida. Under Florida law, theft of property valued at $750 or more is a third-degree felony, also known as grand theft. Is shoplifting a felony in Florida? Shoplifting becomes a felony if the stolen merchandise is worth $750 or more, or if the offender has previous theft convictions. Lesser amounts are charged as misdemeanor petit theft. Is it a felony to steal a car in Florida? Yes, car theft in Florida is a felony (under Florida Statute §812.014), and the seriousness of the charge depends on the specific circumstances and the value of the stolen vehicle. #### What Is A Misdemeanor In Florida? (Degrees & Types) What is a misdemeanor in Florida? Understanding the nuances of misdemeanor offenses is essential in navigating the legal landscape of the Sunshine State. From misdemeanor examples to the most common misdemeanors, knowing the types and potential consequences is crucial. Can you go to jail for a misdemeanor in Florida? Let's explore the various degrees and types of misdemeanors, along with examples and potential penalties. Delve into this comprehensive guide to gain insight into misdemeanor crimes and their implications in Florida's legal system. What Is A Misdemeanor in Florida? A misdemeanor is any criminal offense that is punishable by less than one year in jail. In Florida, misdemeanor offenses are considered less serious crimes than felony offenses and are handled at the County Court level. For more information about misdemeanors in Florida, visit Florida Statues 775.08 (2) Misdemeanor examples in Florida include: Battery Domestic Violence Battery Disorderly Conduct Driving on a Suspended License (DWLS) Driving Under the Influence (DUI) Loitering and Prowling Marijuana Possession (Cannabis Possession) Petit (Petty) Theft First Offense Prostitution Resisting an Officer without Violence Understanding the nature of misdemeanors and the list of misdemeanor crimes is vital for individuals to comprehend the legal implications and potential consequences of various misdemeanor crimes in the state of Florida. What Are the Different Degrees of Misdemeanors in Florida? In Florida, misdemeanors are categorized into different degrees based on their severity: 1st-Degree Misdemeanors First-degree misdemeanors are considered more serious and can result in harsher penalties. Examples of misdemeanors in this category may include DUI (Driving Under the Influence), domestic violence, and possession of certain controlled substances. Penalties for first-degree misdemeanors may include fines of up to $1,000, probation, community service, and up to one year in jail. 2nd-Degree Misdemeanors Second-degree misdemeanors are less severe than first-degree misdemeanors. Most common misdemeanors include actions like petty theft, disorderly conduct, and possession of small amounts of marijuana. Penalties for second-degree misdemeanors may consist of fines, probation, community service, and up to 60 days in jail. Also read: How Long Does A Misdemeanor Stay on Your Record in Florida? What Are Penalties for Misdemeanors? Misdemeanors in Florida encompass a spectrum of offenses, each carrying its own set of penalties: 1st-Degree Misdemeanors First-degree misdemeanors entail more severe consequences compared to their second-degree counterparts. Individuals convicted of first-degree misdemeanors may face fines up to $1,000, probation, community service, and a maximum jail term of one year. Offenses categorized as first-degree misdemeanors include DUI (Driving Under the Influence), domestic violence, and possession of certain controlled substances. 2nd-Degree Misdemeanors Second-degree misdemeanors, while less severe, still carry significant penalties. Those found guilty of second-degree misdemeanors may be subject to fines of up to $500, probation, community service, and imprisonment for up to 60 days. Examples of second-degree misdemeanors include disorderly conduct, petty theft, and certain traffic violations. Looking for a misdemeanor expungement lawyer? Read on this article! What Are The Differences Between Misdemeanors and Felonies? Misdemeanors are generally less serious crimes, carrying punishments such as fines, probation, or imprisonment for less than one year. Examples include minor theft, simple assault, disorderly conduct, and certain traffic violations. In contrast, felonies encompass more severe offenses like murder, kidnapping, robbery, and certain drug trafficking crimes. The penalties for felonies are typically more severe, often involving imprisonment for over a year, substantial fines, or, in extreme cases, life imprisonment or the death penalty. Can I Expunge a Misdemeanor if Not Convicted? Under Florida law, you may qualify to expunge a misdemeanor charge if the case is dropped, dismissed, or if you were acquitted. However, there are additional criteria to consider to determine your eligibility. Don't let a criminal charge negatively impact your life if you can remove it from your record. Read this article to find out when a misdemeanor charge can be expunged in Florida. How Can We Help? Misdemeanors and felonies are further categorized into classes or degrees. In Florida, misdemeanors are classified as mentioned above. Meanwhile, felonies in Florida are categorized into degrees, including: Capital Felonies: Punishable by the death penalty or life imprisonment without parole. Life Felonies: Punishable by life imprisonment and fines of up to $15,000. First-Degree Felonies: Punishable by up to 30 years of imprisonment and fines of up to $10,000. Second-Degree Felonies: Punishable by up to 15 years of imprisonment and fines of up to $10,000. Third-Degree Felonies: Punishable by up to 5 years of imprisonment and fines of up to $5,000. To understand more about the difference between misdemeanor vs felony, read this article! Ready to transform your legal standing? At ErasetheCase, we specialize in expunging and sealing records in Florida. Join us in paving the way to a clean slate and a brighter future. Contact us today, and let our team assist you through the process. Your fresh start awaits. FAQs about Misdemeanors in Florida How bad is a misdemeanor in Florida? Misdemeanors in Florida can carry significant consequences, ranging from fines and probation to community service and even incarceration in some cases. While they are considered less severe than felonies, misdemeanors should not be taken lightly due to their potential impact on an individual's record and future opportunities. What is the lowest misdemeanor in Florida? The lowest misdemeanor offenses in Florida typically include minor infractions such as traffic violations and disorderly conduct. Despite their relatively minor nature, these offenses can still result in legal consequences and should be addressed appropriately. Do misdemeanors go away in Florida? Misdemeanor convictions in Florida can remain on an individual's record indefinitely unless specific legal steps are taken to expunge or seal them. It's essential to understand the process and eligibility criteria for expungement or sealing to mitigate the long-term effects of a misdemeanor conviction. What is a first-time misdemeanor in Florida? A first-time misdemeanor in Florida refers to an individual's initial misdemeanor offense. First-time offenders may receive lighter penalties than repeat offenders. Still, it's essential to treat any misdemeanor charge with seriousness and seek appropriate legal counsel to navigate the legal process effectively. #### What Is A Nolle Prosequi in Florida? Meaning & Legal Effects A Nolle Prosequi in Florida means that the state has decided to stop prosecuting a defendant. Prosecutors usually make this choice during the pre-trial phase or at any point before a trial starts, often because of reasons like not having enough evidence, issues with witness credibility, or legal problems. When a Nolle Prosequi is entered, it puts a stop to the criminal case against the accused person, effectively releasing them from the charges. This happens at the time the Nolle Prosequi is officially filed. This legal action is important for both the defendants and the court system. It shows that the state recognizes weaknesses in the case. It may also suggest that it is not appropriate to continue with the prosecution in that situation. How A Nolle Prosequi Is Entered? A Nolle Prosequi in Florida is submitted through formal documents by prosecutors to the court. This paperwork is an official statement stating they won't pursue criminal charges against the defendant. Once submitted, the Nolle Prosequi ends the criminal case against the accused, relieving them of pending charges. Why A Prosecutor Enter A Nolle Prosequi? Prosecutors may enter a Nolle Prosequi in Florida for various reasons. Common factors prompting this decision include the following: Insufficient Evidence: Prosecutors opt for a Nolle Prosequi when evidence is inadequate for a conviction. Witness Credibility: Unreliable witnesses or credibility issues prompt prosecutors to consider a Nolle Prosequi. New Exculpatory Evidence: Emerging evidence favoring the defendant may lead to a Nolle Prosequi. Prosecutorial Discretion: Prosecutors decide on cases based on severity, criminal history, and public interest. Legal Priorities: Shifting legal priorities may influence the decision to drop cases via Nolle Prosequi. Strategic Considerations: Nolle Prosequi may be part of a broader legal strategy focusing on stronger cases or alternative justice pathways. The process of entering a Nolle Prosequi involves careful consideration by prosecutors. They need to think about things like how strong the evidence is, if the witnesses are believable, and other legal stuff. Deciding to enter a Nolle Prosequi is a big deal for both the defendant and the legal system. How a Nolle Prosequi Impacts Your Criminal Case When the State Attorney files a nolle prosequi, it means the prosecution is voluntarily dropping the charges against you. While this can feel like a win, it's important to understand the practical and legal consequences. 1. The Case is Dismissed-But Not Erased A nolle prosequi results in dismissal of the charges, but it does not automatically erase your record. The original arrest and case filing may still appear in background checks unless you take further legal steps. 2. You May Be Eligible for Expungement In Florida, if your case was dismissed via nolle prosequi and you have no prior convictions, you may qualify to expunge the record entirely. Expungement removes the record from public access and offers greater protection than sealing. 3. No Formal Verdict is Reached Since the prosecution drops the case before trial or plea, there is no determination of guilt or innocence. This means you avoid a conviction, but it's not the same as being found not guilty at trial. 4. Future Implications Even though the charges were dropped, potential employers or landlords could still see the arrest unless expunged. It's also important to know that the State Attorney can refile charges in some cases, particularly if within the statute of limitations. 5. It Can Strengthen Your Legal Position If charges are nolle prosed early-especially after a strong defense or pre-file advocacy-it can reflect weaknesses in the prosecution's case. This can be a favorable point in civil suits, immigration proceedings, or professional licensing matters. Looking for a Florida expungement lawyer? Erase The Case provides the fastest expungement service at affordable price. Do I Qualify? No Information vs Nolle Prosequi: What's The Difference? While both No Information and Nolle Prosequi mean the State is choosing not to prosecute, the key difference lies in when that decision is made during the criminal process. No Information: The State Attorney decides not to file formal charges after reviewing the arrest report, typically before any court arraignment. Nolle Prosequi: The prosecution drops the case after charges have been formally filed, often during ongoing court proceedings. Both outcomes can leave a public record unless expunged, but the legal stage they occur in can affect your expungement strategy. Dismissal vs Nolle Prosse: What Is Better? Both a Dismissal and a Nolle Prosequi end a criminal case without a conviction, but they differ in who initiates the action and how it may affect your record. Nolle Prosequi: The State Attorney drops the charges, usually because of weak evidence, legal issues, or after negotiations. Dismissal: A judge orders the case closed, often after a legal motion by the defense or because of procedural issues. Legally, neither is inherently "better," but a court-ordered dismissal may carry stronger weight when challenging the validity of an arrest. In both cases, expungement is often available, and essential to clear your record from public view. Clear Your Record After a Nolle Prosequi Even if your charges were dropped, the arrest and court records may still appear on background checks. That means employers, landlords, or licensing agencies could still access your past - unless you take steps to expunge it. At Erase The Case, we help clients across Florida permanently clear dismissed cases from public view, including those resolved with a nolle prosequi. Our legal team will: Review your eligibility for expungement Complete and file all paperwork on your behalf Work directly with FDLE and the State Attorney's Office Use our custom application process to help speed up approval Florida law only allows one expungement in a lifetime - don't waste the opportunity. 📞 Call us at (866) 372-7335📧 Email: lawyer@erasethecase.com🔗 Start Your Expungement Now FAQ Will I have a criminal record if my case was nolle prosequi in Florida? Generally, if your case was nolle prosequi in Florida, it means the prosecution decided not to pursue charges. As a result, you typically won't have a criminal record associated with those charges. What is the legal effect of nolle prosequi? A nolle prosequi (or nol pros) signifies the prosecution's decision not to proceed with the case. It effectively dismisses the charges against the defendant. Consequently, it led to the termination of legal proceedings related to those charges. What is a Nol Pros Code 4 in Florida? Nol Pros Code 4 in Florida refers to a specific code used by prosecutors to indicate the reason for entering a nolle prosequi. It signifies that the decision to nol pros the case is based on lack of sufficient evidence to proceed or secure a conviction. #### What Is The Difference Between a Felony and a Misdemeanor? In the intricate landscape of Florida's legal system, understanding the difference between a felony and a misdemeanor is paramount. These terms hold significant weight, influencing the severity of consequences an individual might face based on the nature of their offense. Let's delve into the nuances of felony vs misdemeanor in Florida, shedding light on their definitions, classifications, and the associated penalties. Misdemeanor vs Felony: What Is The Difference? The key difference between misdemeanor and felony is the severity of the offense and the subsequent legal consequences. Misdemeanors are considered less serious crimes, typically punishable by fines, probation, or imprisonment for less than one year. These offenses include minor theft, simple assault, disorderly conduct, and certain traffic violations. On the other hand, felonies are more severe offenses, encompassing actions such as murder, kidnapping, robbery, and certain drug trafficking offenses. The penalties for felonies are generally more substantial, involving imprisonment for over a year, hefty fines, or, in extreme cases, life imprisonment or the death penalty. Regarding classification, misdemeanors are often divided into classes or degrees, with Class A misdemeanors being more serious than Class B or C misdemeanors. Similarly, felonies are categorized into degrees, ranging from first-degree felonies (the most severe) to lower degrees based on the gravity of the offense. It is essential to understand the difference between a misdemeanor and a felony, as it shapes the legal proceedings and potential consequences an individual may face. Whether someone is charged with a misdemeanor or a felony can significantly affect the severity of the penalties, ranging from imprisonment to fines. What Are Considered Misdemeanors in Florida? In the state of Florida, a misdemeanor charge encompasses a variety of offenses of lesser severity than felonies, yet they still entail legal consequences. Examples include simple assault, petty theft, disorderly conduct, and certain traffic violations. The classification of misdemeanors in Florida includes: First-Degree Misdemeanors: Punishable by up to one year in jail and fines of up to $1,000. Second-Degree Misdemeanors: Punishable by up to 60 days of imprisonment and fines of up to $500. Third-Degree Misdemeanors: Punishable by up to 30 days of imprisonment and fines of up to $250. Also Read: What is a Misdemeanor in Florida? (Degrees & Types) What Are Considered Felonies in Florida? A felony charge in Florida covers a broad spectrum of offenses, ranging from white-collar crimes to violent acts. The degrees of felonies in Florida include: Capital Felonies: Punishable by the death penalty or life imprisonment without parole. Life Felonies: Punishable by life imprisonment and fines of up to $15,000. First-Degree Felonies: Punishable by up to 30 years of imprisonment and fines of up to $10,000. Second-Degree Felonies: Punishable by up to 15 years of imprisonment and fines of up to $10,000. Third-Degree Felonies: Punishable by up to 5 years of imprisonment and fines of up to $5,000. Explore more: What is a Felony? 5 Degrees of Felonies in Florida. The Effects of Criminal Convictions Now, let's explore the ripple effects of criminal convictions, revealing the complex aftermath that individuals navigate beyond the courtroom. Employment Barriers: Criminal convictions often limit job opportunities, as most employers conduct background checks. Housing Challenges: Securing housing becomes challenging due to landlords' reluctance to rent to individuals with criminal records. Financial Impact: Loss of income, fines, and legal fees during incarceration contribute to financial strain. Social Stigma: Individuals with criminal convictions may face social isolation and stigma, impacting personal relationships. Loss of Rights: Certain convictions may lead to the loss of firearm ownership, voting rights, and professional licenses. As you might not know, a misdemeanor that does not result in a conviction can qualify for expungement. If you haven't been convicted, it is suggested that you read this article: Can You Get a Misdemeanor Off Your Record in Florida? How Erase the Case Can Help Erase the Case specializes in criminal record expungement and sealing, helping individuals remove or limit the visibility of past convictions. Our expert team navigates legal processes to provide tailored solutions for a fresh start and improved opportunities. FAQs What is the highest misdemeanor in Florida? In Florida, the highest misdemeanor is classified as a first-degree misdemeanor. Convictions for this offense can result in penalties of up to 1 year in jail and fines of up to $1,000. These charges are often associated with more severe actions but fall short of felony classifications. What is the longest sentence for a misdemeanor in Florida? The longest sentence for a misdemeanor in Florida is generally reserved for first-degree misdemeanors. Individuals convicted of such offenses may face a maximum jail term of up to one year. While misdemeanors are less severe than felonies, the potential consequences underscore the significance of legal distinctions. What is the lowest form of misdemeanor in Florida? The lowest form of misdemeanor in Florida is categorized as a third-degree misdemeanor. Offenders facing this classification may face penalties of up to 30 days in jail and fines of up to $250. #### Will a DUI Fail a Background Check For a Gun? While having a felony DUI can prevent you from buying a gun, a misdemeanor DUI is less likely to do so. DUI is a serious offense, but if it's not a felony DUI, it can be qualified for expungement. A knowledgeable expungement attorney will also be necessary to advise you with your DUI expungement so as to be qualified for gun purchase. Read on for the more details Can a DUI Prevent You from Buying a Gun? A DUI conviction does not prevent a driver from obtaining, owning, or using a gun. However, this punishment may apply to felony DUIs. There are also who we call "Prohibited persons" who are legally not allowed to own any firearms. Specifically, they are recognized as: Unlawful immigrants or residents of the United States Veteran of the military with a dishonorable discharge The person found guilty of a crime The person found guilty of misdemeanor domestic abuse possessing a domestic or restraining order against An offender who is found guilty and faces a minimum of one year in jail. The people who are considered "fugitive from justice" An abuser of a prohibited drug Will A DUI Show During A Background Check For A Gun? When you attempt to purchase a gun, a felony DUI may show up on your background check and remain on your record permanently. However, it does not imply that you will never be able to purchase or own a gun again. Regardless, can you buy a gun with a DUI? Before buying a gun, you will need to reinstate your gun rights if the felony DUI prevents you from passing a background check. For as long as you have a felony DUI conviction on your record, you probably won't be allowed to purchase, acquire, or carry firearms in Washington State unless you receive this approval from the court. Furthermore, you could still need to reinstate your gun rights under federal law even if you are granted them back under state law. If you have questions concerning your state and federal rights, it may be best to consult an expungement attorney to get your DUI expunged and removed from the background check system to restore your firearm rights. Does a DUI Conviction Result to Permanent Loss of Gun Rights? You might be wondering about how a DUI and Second Amendment rights relate to one another. To put it simply, a DUI may lead to the irreversible loss of gun rights. This might occur if the defendant's record includes a felony DUI conviction and the court declines to allow them to regain their gun rights via the appropriate legal channels. A judge may take this action if the defendant has a history of felonies or is now facing charges, even if they have not yet been found guilty. Misdemeanor and serious misdemeanor DUI convictions alone are unlikely to have an effect on one's capacity to purchase, obtain, use, or carry a firearm. However, a felony DUI conviction may result in the loss of one's ability to bear arms permanently. Hiring a DUI lawyer with the experience and track record to help avoid the prosecution is crucial for this reason. How to Get Your Gun Rights Restored A convicted felons can own a firearm again 8 years after the sentence ended, but only if it is kept on their private property. You're breaking the law if you carry the gun outside of your home. The other options to get your gun rights restored after a felony DUI conviction are otherwise extremely limited. Keep in mind that the mentioned penal code is not always applicable to other states. Be sure to check your own state's law. Read more about the gun right law in Florida in Florida Statue 790.23. #### Will a DUI Show Up on a Background Check in Florida? Background checks are part of the hiring process in Florida. This process ensures that you have not been convicted of any crime in the past before entering the company. Driving under the Influence (DUI) is no exception. As a job seeker, one question you may ask is: Will a DUI show up on a background check in Florida? The answer is yes. However, there are also factors to be considered. In this article, we'll find out how a DUI appears in background checks, how long it will stay, and if there are any options to expunge such records. Does a DUI Show Up On a Background Check in Florida? A DUI will always appear on background checks in Florida once it results in a conviction. Under Florida Statute §316.193, a DUI conviction becomes a permanent part of the criminal record and appears indefinitely on criminal background checks, employment screenings, driving record (MVR) checks, and national criminal databases. A DUI can only be removed from background checks if the charge was dismissed or did not result in a conviction and the record was successfully sealed or expunged. How a DUI Appears on Different Types of Florida Background Checks In Florida, a DUI conviction appears on background checks in two primary ways: via the Motor Vehicle Record (MVR) system and the Criminal Justice system. 1. MVR (Motor Vehicle Record) Checks This is often the first place a DUI is flagged, especially for jobs requiring driving. System Accessed: Florida Highway Safety & Motor Vehicles (FLHSMV) database. Details Revealed: This report focuses on your driving privilege history, including license status (suspended/valid), points accumulated, accidents, and all traffic violations. A DUI conviction will be prominently displayed and typically remains on a Florida MVR for 75 years. 2. Criminal Background Checks (State & County Level) In Florida, a DUI is a crime (typically a first-degree misdemeanor). System Accessed: County court records and the Florida Department of Law Enforcement (FDLE) state repository. Details Revealed: A standard criminal background check used by most employers will reveal the court disposition (e.g., "guilty" or "convicted"), sentencing information, and details of the charge. This information is found whether the employer uses a standard Level 1 name-based background check or a comprehensive third-party criminal history search. 3. Federal/National Background Checks This covers comprehensive national screenings, which are mandated for certain sensitive positions in Florida. System Accessed: The FBI's national criminal information database. Details Revealed: The FDLE shares criminal conviction data with the FBI. Therefore, when a Level 2 fingerprint-based background check is conducted for sensitive Florida jobs (e.g., teachers, healthcare workers, security personnel), the FBI search will return the Florida-based DUI conviction record. In summary, because a DUI creates records in both traffic and criminal databases that share data nationally, it is a highly visible offense that employers and agencies are likely to discover. In Which Case Can a DUI Be Removed from Florida Background Checks? A DUI can be removed from Florida background checks only if there is no conviction. Florida law does not allow expungement or sealing of DUI convictions. A DUI record may be removed when: The DUI charge was dismissed The individual was found not guilty Adjudication was withheld, and the case meets Florida sealing or expungement requirements In these situations, the record remains visible on background checks until it is successfully sealed or expunged through the Florida Department of Law Enforcement (FDLE) and the court. Sealing or expungement only removes the record from public government access. In some cases, the criminal record may still appear on private background check databases if those companies fail or refuse to update their data. When this happens, a specialized criminal background check removal process is required to fully remove the remaining criminal footprint. What You Can Do About DUI Records on Background Checks Having a DUI offense, whether it results in a conviction or not, affects employment opportunities significantly. Therefore, it is important to verify how the DUI appears on your record and determine whether any legal or background check removal options apply to your situation. Some of these are the following: 1. Identify Whether the DUI Is a Charge or a Conviction Background check companies sometimes report incorrect information. Reviewing your Florida Department of Law Enforcement (FDLE) record helps ensure accuracy. 2. Confirm Your Record Accuracy Background check companies sometimes report incorrect or outdated information. Reviewing your Florida Department of Law Enforcement (FDLE) criminal history helps confirm the charge, case outcome, and reporting accuracy. 3. Pursue Sealing or Expungement for Eligible Arrests If the DUI charge was dismissed, resulted in no conviction, or adjudication was withheld, the record may qualify for sealing or expungement under Florida law, which removes the record from public access. 4. Consult an Attorney for Complex Cases An attorney can review court records, confirm eligibility, and determine whether sealing, expungement, or additional background check removal steps are required. Get Help Removing DUI Records From Background Checks DUI records can continue to appear on background checks even after a case is closed, dismissed, or expunged, especially when private databases fail to update their information. Identifying whether your DUI resulted in a conviction, confirming record accuracy, and applying the correct removal process are critical steps. Erase The Case focuses exclusively on Florida expungement, record sealing, and criminal background check removal. If your DUI did not result in a conviction or your expunged record is still appearing on background checks, a case review can determine the fastest and most complete legal path to remove your remaining criminal footprint. Contact Erase The Case to discuss your Florida DUI record and background check options: Phone: +1 866-372-7335 Email: lawyer@erasethecase.com #### Will a Juvenile Record Show Up on a Background Check in Florida? People in their youth tend to make mistakes. However, some errors might have long-term effects, especially legal troubles. If you're wondering if a juvenile record will show up on a background check, it will eventually depend on several factors, including the laws of your state and the specific context of your offense. In Florida, many juvenile records are being destroyed but it does not mean that they won't show up on any background checks, but it can still impact your future. Thus, it is important to understand expungement actions in Florida. Seeking legal advice would also minimize the potential repercussions. What is a Juvenile? A juvenile is in the age bracket of below 18 and is not yet considered an adult based on the law. Speaking legally, juveniles have a different treatment from adults because the justice system sees them as someone who can still be rehabilitated. These cases are addressed in a different court, mainly focusing on reform, not punishment. Despite this, serious crimes can still lead to bigger consequences, including the possibility of having a permanent record. Florida law follows a specific guideline and process for juvenile records. Minor cases are handled in juvenile court. This effort aligns with the belief that children can change and should be spared from lifelong consequences. Even though minors face minor consequences, serious offenses such as violent crimes, sexual offenses, and felonies are a different story. A minor can be tried as an adult based on Florida Statutes Section 985.557, this means that prosecutors can transfer juvenile cases to an adult court depending on the crime's severity. Once a juvenile offense becomes a permanent record, the effects could last for a long time, limiting employment, housing, and opportunities in the future. Will a Juvenile Record Show Up on a Background Check in Florida? According to the Florida Department of Juvenile Justice, juvenile records may appear during a background check, but this will depend on the context of your offense and age. While Florida law expunged juvenile records directly upon reaching the age of 21 to 26, there are still exceptions to this law. Some offenses could lead to serious consequences for juveniles, possibly resulting in a permanent record. This includes offenses such as felonies or acts of violence, and offenses involving sexual crimes committed by juveniles aged 14 or older. In other cases, a juvenile is also deemed a habitual offender, which worsens the consequences. Additionally, juveniles who have committed a crime even after they turn 18 will also be less likely to expunge or seal their records. Background checks commonly done by employers, educational institutions, and military recruiters may see these records. However, it is important to understand how the system works so that you can mitigate its adverse effects. Wondering how to clear a background check? Seek legal help from our Background Check Removal Attorney now. What are the Three Classifications of Juveniles in Florida? There are three categories of juveniles in Florida, and this classification is based on their offenses: First-Time and Non-Habitual Offenders Youths who commit minor infractions and misdemeanors for the first time such as petty theft, trespassing, or vandalism are more likely to be put into rehabilitation. This ensures that the juvenile employs measures such as community service, counseling, or diversion programs, preventing future misconduct while allowing them to avoid having a permanent criminal record. Habitual Offenders Juveniles who repeatedly engage in criminal activities are labeled as habitual offenders. This group may face a more serious offense which ranges from minor infractions to serious crimes. Because of their repetitive behavior, this group faces a stricter intervention such as probation or placement in residential programs. These programs are designed to address the underlying cause of their behavior which may be rooted in their environment or personal challenges. Serious Offenders These are individuals who committed a violent or a felony-level type of crime such as aggravated assault, robbery, or homicide. These offenders face a more severe consequence, and could even be tried as adults under Florida Statutes Section 985.557. However, this will still depend on the underlying circumstances and severity of the offense. These classifications are important because they determine how long a record may last or if it can still be expunged from your criminal record. Why Do You Need to Expunge Juvenile Records in Florida? Juvenile records could be a potential threat to your future success, which is why it is important to expunge these records. Even though there is a certain age when the records are set to be automatically expunged, all these years of waiting could still affect potential opportunities. A juvenile record may hinder your ability to: Find a job. Join the military. Get a professional license. Have access to education or financial aid. Rent a house. Expunging your record offers you not only peace of mind and security for the future but also removes these barriers that could potentially affect your life. How to Expunge a Juvenile Record in Florida In Florida, there are multiple ways to expunge a juvenile record: Administrative Expungement: Arrests without adjudication are rarely granted except if the arrest was wrongful. Automatic Expungement: Non-serious offenses are automatically expunged by the time the juvenile turns 24. Court-Ordered Expungement: Done through filing a petition in the court and seeking help from a criminal defense attorney. Diversion Program Expungement: For nonviolent misdemeanors, a pre- or post-arrest diversion program is completed and the request can be done 12 months after the completion. Human Trafficking Victim Expungement: Victims of trafficking are allowed to clear their records for any nonviolent crimes committed under duress. How Long Does It Take to Expunge Your Juvenile Record in Florida? Juvenile expungement in Florida usually takes about 5-7 months, however, it will also depend on the complexity of the case and the workload of the court. Some of the factors that may influence the length of this process are: Filing the correct paperwork. Meeting eligibility requirements. The court's schedule for hearings. It is better to work with an experienced attorney about this matter so that the process can be quickly done, ensuring that all legal requirements are appropriately complied with and obstacles that could potentially hinder the process may be addressed accordingly. Bottom line If you are struggling with a juvenile record, or you know someone who is dealing with one, it is important to seek guidance by contacting an experienced attorney who can help you determine your eligibility for expungement. Taking proactive steps is important to address your record and will open doors in the future, freeing you from the shadows of your youthful mistakes in the past. Related articles     Background Check Topics Understanding Level 1 Background Checks in Florida Read More » David Weisselberger October 31, 2025     Florida Expungement Topics Seal and Expungement Application Form Read More » David Weisselberger October 31, 2025     Background Check Topics How To Get Mugshot Removed From Google? Read More » David Weisselberger August 15, 2025 #### Will a Misdemeanor DUI Actually Affect Employment in Florida? A misdemeanor DUI, which means Driving Under the Influence, is a criminal offense that occurs when a person is caught operating a vehicle while impaired by alcohol or drugs. The most common penalties or punishments for this offense may be as light as fines or license suspension, to as grave as spending time in jail. Minor offenses may instead require you to do community service. Will a misdemeanor DUI affect job opportunities in Florida? Find out the details in this article to increase your chances of landing your dream job. Table of Contents Toggle Will a Misdemeanor DUI Offense Affect Employment in Florida? What Jobs Will a DUI Prevent You From Getting? Will a DUI Show Up on a Background Check In Florida? How to Explain a DUI in an Interview? 1. Downplay Your DUI Conviction 2. Admit Your Mistakes 3. Don't Talk About the DUI Unless Asked Can I Get My DUI Record Expunged in Florida? How Long Does It Take To Expunge a DUI in Florida? FAQ Can a Misdemeanor DUI Show Up on Background Checks? Will a DUI Automatically Disqualify Me From Jobs in Florida? How Long Does a Misdemeanor DUI Stay On Record? Will a Misdemeanor DUI Offense Affect Employment in Florida? A misdemeanor DUI conviction in Florida can significantly affect the opportunities that open up for you when seeking employment. A DUI conviction will appear on your criminal record and can be seen by potential employers during background checks. Therefore, it is harder to get a job, especially for those requiring driving or trust. Below are further details on how a misdemeanor DUI offense can affect your Florida employment: Background checks: Most employers perform background checks on applicants, including misdemeanors, so if you've been involved in this incident, they may spot proof from records. Professional licenses: A DUI conviction can lead to disciplinary actions from professional licensing boards, such as suspension or revocation. Job-related travel: This conviction could also make it difficult to travel for work, especially if your driving privileges are suspended. Job security: In Florida, an employer can fire you at any time, for any reason, especially when they find out you've been involved in a misdemeanor DUI. If your misdemeanor DUI charges are dropped and you meet the criteria for expungement, you have the opportunity to eliminate your cases from all background check databases, ensuring that employers can no longer access them. To gain a better understanding, read this article: Can Misdemeanors Be Expunged in Florida? What Jobs Will a DUI Prevent You From Getting? Here are five jobs that individuals may have a lower chance of obtaining due to the impact of a DUI misdemeanor on their career opportunities: Commercial driver jobs: Truck, bus, and delivery drivers often lose or can't obtain a Commercial Driver's License after a DUI. Law enforcement and military jobs: Police, FBI, and military roles require clean records. A DUI can disqualify or delay promotions. Healthcare professions: Doctors, nurses, and paramedics may face license suspension or restrictions. Teaching and childcare professions: Schools and daycare centers conduct strict background checks, and a DUI can lead to disqualification. Government and security jobs: A DUI can impact security clearance, limiting roles in federal agencies and defense. Other jobs affected by a DUI include pilots, legal professionals, finance roles, and ride-share drivers. Will a DUI Show Up on a Background Check In Florida? In Florida, DUI (Driving Under the Influence) convictions are classified as criminal offenses and are permanently recorded in individual criminal histories. As a result, these convictions can be revealed during background checks conducted by employers when they are assessing potential hires, as well as in other contexts such as applications for housing, loans, or professional licenses. Most standard background checks, commonly utilized for employment screening, include a search of both state and national criminal databases, which can capture DUI convictions accumulated over time. Therefore, individuals with a DUI conviction may find it challenging to secure employment or housing opportunities, as these records can negatively impact their perceived reliability and trustworthiness in various settings. How to Explain a DUI in an Interview? Whether or not your employer has done a background check and realized you've been previously charged with a DUI offense and would want to know more, it is better to come prepared. Here are the tips on how to explain the offense in a job interview: 1. Downplay Your DUI Conviction If the employer asks about it and then gives you the chance to explain, downplay your DUI conviction. You can tell them about the community service or volunteer work you did to compensate for the offense. Narrate to them the lessons you learned and your realizations, emphasizing how you've changed, grown, and made yourself better since the incident. 2. Admit Your Mistakes You will just corner yourself if you don't. Admit that it was a mistake and that you've learned your lesson. If the incident happened a long time ago, tell the interviewer how you were young and careless you were then. If it was recent, talk about what you learned. In other words, imply that it already happened in the past, you've moved on, and are now a strong and qualified candidate for the position. 3. Don't Talk About the DUI Unless Asked This will just make you foolish like how you were when you committed the crime. Remember, most job interviews are not background checks, but for the company to find out what you can offer. If they did background checks, but won't bother to ask about the DUI offense, do not bring it up either. If you want to prevent your employer from seeing your DUI records, it's highly recommended to remove them from background check systems. The process can be quite complex and requires significant effort, so it's wise to consult with an expungement attorney to handle it smoothly. However, before you begin erasing your criminal record, you must be found not guilty of the offense to qualify. The quickest way to determine your eligibility is by taking the test outlined below. Can I Get My DUI Record Expunged in Florida? In the state of Florida, DUI (Driving Under the Influence) convictions are permanently recorded and cannot be expunged from your criminal history. This means that if you are found guilty of a DUI, that conviction will remain visible on your record indefinitely. In certain situations, you may be able to seal or expunge parts of your criminal record, particularly if your DUI case was dismissed or resulted in a withhold of adjudication (no formal conviction). Eligibility for sealing or expungement varies based on the case's specifics and your criminal history. It's wise to consult a legal professional to assess your situation and navigate the process if applicable. Read more: Is It Possible To Get a DUI Record Expunged in Florida? How Long Does It Take To Expunge a DUI in Florida? In Florida, expungement typically takes five to seven months, mainly due to court processing times. The first step is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), which can take up to 90 days. Erase The Case can expedite the process and clear your DUI in as little as 3-5 months. While the record may be removed from public view, mugshots or case details might still appear in private databases. Erase The Case ensures they are eliminated from both public and private systems, protecting your job prospects. If you're eligible for DUI expungement, consider contacting Erase The Case for professional assistance to help restore your reputation and enhance your career opportunities. Read more: How To Remove a Driving Record in Florida FAQ Can a Misdemeanor DUI Show Up on Background Checks? Yes, it appears unless expunged or sealed under specific conditions. Will a DUI Automatically Disqualify Me From Jobs in Florida? Not always, but it affects driving, government, and licensed professions. How Long Does a Misdemeanor DUI Stay On Record? Permanently, unless expunged. Florida does not allow DUI expungement. #### Will You Still Pass A Background Check With a Misdemeanor in 2015? Employers often conduct background checks to evaluate a candidate's criminal history. This includes checking misdemeanor convictions to ensure the applicants can perform their role safely and responsibly. While felonies typically raise the most concern, misdemeanors can also appear in background checks and can influence hiring decisions. For this reason, many job seekers wonder, "Can you pass a background check with a misdemeanor?" The answer depends on factors such as the offense, its relevance to the role, and local laws that limit how and when employers can consider criminal records. Let's delve further! Can You Pass a Background Check With a Misdemeanor? Yes, you can pass a background check with a misdemeanor. But, whether it affects employment depends on several factors. Misdemeanors, unless expunged, typically appear on background checks. Employers often view these offenses as less serious than felonies and may weigh them differently based on their relevance to the job. Employers weigh several factors such as: Offense type and severity: Serious misdemeanors like theft or violence may pose more concerns than minor infractions. Time elapsed: Older convictions with no further incidents usually carry less weight. Job requirements: Sensitive roles (e.g., finance or childcare) may have stricter scrutiny. State laws: Regulations like "ban-the-box" laws may limit how employers use criminal history. A misdemeanor can raise questions, but many employers focus on qualifications, skills, and rehabilitation efforts. Ultimately, employers have discretion in assessing how a misdemeanor aligns with their risk policies and the job requirements. What Are Misdemeanors That Prevent Employment? Certain misdemeanors can significantly impact your job prospects, particularly if they directly relate to the job requirements or company policies. While the specific offenses can vary, here are some common examples: Theft or Fraud: Misdemeanors involving theft, shoplifting, or embezzlement can be detrimental, particularly for jobs in finance, retail, or logistics. Assault or Violence: Misdemeanors related to assault, battery, or domestic violence can raise concerns, especially in roles requiring public interaction or working with vulnerable populations. Driving Under the Influence (DUI): Multiple DUI convictions or reckless driving can affect employment opportunities, particularly in transportation or delivery roles. Drug-Related Offenses: Drug-related misdemeanors can hinder employment, especially in industries with strict drug policies or those involving public safety. Sexual Misconduct: Misdemeanors involving sexual misconduct can be disqualifying in fields like education, healthcare, or caregiving. Employers assess misdemeanors based on their severity, recency, and relevance to the job. Some roles, especially in government, healthcare, or childcare, require higher scrutiny due to legal or ethical standards. Know more about misdemeanors that prevent employment Should You Disclose A Misdemeanor In An Interview? Disclosing a misdemeanor during an interview depends on context. Oftentimes, it's better to wait until asked or until it appears on a background check. Employers might not inquire about misdemeanors explicitly. This is true especially if their application only asks about felonies. If they later raise concerns after reviewing your background, address them openly and focus on how you've grown since the incident. Here are the reasons why you may not need to disclose: Legal Protections: Many states limit what employers can consider, especially for older or unrelated offenses. Background Check Variability: Employers may overlook minor misdemeanors, particularly if they're irrelevant to the role. Here's when to disclose: If the offense directly impacts the job (e.g., a DUI for a driving role), proactive disclosure shows accountability. Always frame it positively, emphasizing lessons learned, completed probation, and a clean record since. Being prepared to address concerns confidently can reassure employers of your professionalism and growth. What Background Check Do Most Employers Use? Employers commonly use a combination of background checks tailored to the position's responsibilities and industry requirements. These checks ensure candidates meet legal, safety, and ethical standards while validating their qualifications. Here are the most common background checks: Identity Verification: Confirms a candidate's name, social security number, address, and date of birth to ensure authenticity. Criminal History Check: Reviews misdemeanors, felonies, and legal charges at county, state, and federal levels. Credit Check: Assesses financial stabilityBackground Check Removal Services in Florida for roles handling money or sensitive data. Motor Vehicle Report (MVR): Evaluates driving history for roles involving transportation. Education and Employment Verification: Validates degrees, certifications, and professional licenses to ensure qualifications. Drug Testing and E-Verify: Ensures legal work eligibility and fitness for safety-critical roles. Employers may also examine references, social media activity, and federal fingerprint databases to assess trustworthiness and suitability. Anyway, if you worry a lot, you may consider background check removal services in Florida. What Are The Sources For Background Checks In Florida? When conducting background checks in Florida, employers typically utilize a combination of state, federal, and local resources. Here are some of the primary sources: Florida Department of Law Enforcement (FDLE): This state agency provides Level 1 and Level 2 background checks. Level 1 checks are name-based and state-only, while Level 2 checks are fingerprint-based and include both state and federal records. County Records: Employers can access court and public records through local county websites to verify criminal, civil, and employment histories. National Databases: For broader checks, employers may use databases like the FBI's Integrated Automated Fingerprint Identification System, which includes nationwide criminal records and other key data. E-Verify: This federal system confirms work eligibility by checking Form I-9 data against government records, ensuring compliance with immigration laws. By Utilizing these resources, employers can determine factors such as criminal history, work qualifications, and education verification. This thorough review addresses questions like, "Do background checks show employment history?" and ensures informed hiring decisions. How to Explain a Misdemeanor on a Job Application Example When addressing a misdemeanor on a job application, it's crucial to demonstrate accountability while focusing on your growth. A misdemeanor can raise questions, and many candidates wonder, "Will a misdemeanor affect employment?" Here's a general approach: Be Honest: If the application asks about criminal history, answer truthfully. Focus on the Positive: Highlight your growth and rehabilitation since the incident. Address the Issue Directly: Briefly explain the situation, taking responsibility for your actions. Emphasize Positive Changes: Discuss steps you've taken to improve, such as completing a program or seeking counseling. Reiterate Your Commitment: Express your dedication to your career and your ability to contribute positively to the company. Expunge a Misdemeanor in Florida, Do I Qualify? The quickest way to determine if you qualify for misdemeanor expungement and to begin the process efficiently is to seek a trusted Florida expungement lawyer, such as Erase The Case. We offer a free eligibility test and a comprehensive solution for criminal record removal, including expungement, background check removal, and mugshot removal. With their help, your criminal charge can effectively be erased as if it never existed. For more information, check out the article: "Can I Get a Misdemeanor Off My Record in Florida?" Employers often conduct background checks to evaluate a candidate's criminal history. This includes checking misdemeanor convictions to ensure the applicants can perform their role safely and responsibly. While felonies typically raise the most concern, misdemeanors can also appear in background checks and can influence hiring decisions. For this reason, many job seekers wonder, "Can you pass a background check with a misdemeanor?" The answer depends on factors such as the offense, its relevance to the role, and local laws that limit how and when employers can consider criminal records. Let's delve further! Can You Pass a Background Check With a Misdemeanor? Yes, you can pass a background check with a misdemeanor. But, whether it affects employment depends on several factors. Misdemeanors, unless expunged, typically appear on background checks. Employers often view these offenses as less serious than felonies and may weigh them differently based on their relevance to the job. Employers weigh several factors such as: Offense type and severity: Serious misdemeanors like theft or violence may pose more concerns than minor infractions. Time elapsed: Older convictions with no further incidents usually carry less weight. Job requirements: Sensitive roles (e.g., finance or childcare) may have stricter scrutiny. State laws: Regulations like "ban-the-box" laws may limit how employers use criminal history. A misdemeanor can raise questions, but many employers focus on qualifications, skills, and rehabilitation efforts. Ultimately, employers have discretion in assessing how a misdemeanor aligns with their risk policies and the job requirements. What Are Misdemeanors That Prevent Employment? Certain misdemeanors can significantly impact your job prospects, particularly if they directly relate to the job requirements or company policies. While the specific offenses can vary, here are some common examples: Theft or Fraud: Misdemeanors involving theft, shoplifting, or embezzlement can be detrimental, particularly for jobs in finance, retail, or logistics. Assault or Violence: Misdemeanors related to assault, battery, or domestic violence can raise concerns, especially in roles requiring public interaction or working with vulnerable populations. Driving Under the Influence (DUI): Multiple DUI convictions or reckless driving can affect employment opportunities, particularly in transportation or delivery roles. Drug-Related Offenses: Drug-related misdemeanors can hinder employment, especially in industries with strict drug policies or those involving public safety. Sexual Misconduct: Misdemeanors involving sexual misconduct can be disqualifying in fields like education, healthcare, or caregiving. Employers assess misdemeanors based on their severity, recency, and relevance to the job. Some roles, especially in government, healthcare, or childcare, require higher scrutiny due to legal or ethical standards. Know more about misdemeanors that prevent employment Should You Disclose A Misdemeanor In An Interview? Disclosing a misdemeanor during an interview depends on context. Oftentimes, it's better to wait until asked or until it appears on a background check. Employers might not inquire about misdemeanors explicitly. This is true especially if their application only asks about felonies. If they later raise concerns after reviewing your background, address them openly and focus on how you've grown since the incident. Here are the reasons why you may not need to disclose: Legal Protections: Many states limit what employers can consider, especially for older or unrelated offenses. Background Check Variability: Employers may overlook minor misdemeanors, particularly if they're irrelevant to the role. Here's when to disclose: If the offense directly impacts the job (e.g., a DUI for a driving role), proactive disclosure shows accountability. Always frame it positively, emphasizing lessons learned, completed probation, and a clean record since. Being prepared to address concerns confidently can reassure employers of your professionalism and growth. What Background Check Do Most Employers Use? Employers commonly use a combination of background checks tailored to the position's responsibilities and industry requirements. These checks ensure candidates meet legal, safety, and ethical standards while validating their qualifications. Here are the most common background checks: Identity Verification: Confirms a candidate's name, social security number, address, and date of birth to ensure authenticity. Criminal History Check: Reviews misdemeanors, felonies, and legal charges at county, state, and federal levels. Credit Check: Assesses financial stabilityBackground Check Removal Services in Florida for roles handling money or sensitive data. Motor Vehicle Report (MVR): Evaluates driving history for roles involving transportation. Education and Employment Verification: Validates degrees, certifications, and professional licenses to ensure qualifications. Drug Testing and E-Verify: Ensures legal work eligibility and fitness for safety-critical roles. Employers may also examine references, social media activity, and federal fingerprint databases to assess trustworthiness and suitability. Anyway, if you worry a lot, you may consider background check removal services in Florida. What Are The Sources For Background Checks In Florida? When conducting background checks in Florida, employers typically utilize a combination of state, federal, and local resources. Here are some of the primary sources: Florida Department of Law Enforcement (FDLE): This state agency provides Level 1 and Level 2 background checks. Level 1 checks are name-based and state-only, while Level 2 checks are fingerprint-based and include both state and federal records. County Records: Employers can access court and public records through local county websites to verify criminal, civil, and employment histories. National Databases: For broader checks, employers may use databases like the FBI's Integrated Automated Fingerprint Identification System, which includes nationwide criminal records and other key data. E-Verify: This federal system confirms work eligibility by checking Form I-9 data against government records, ensuring compliance with immigration laws. By Utilizing these resources, employers can determine factors such as criminal history, work qualifications, and education verification. This thorough review addresses questions like, "Do background checks show employment history?" and ensures informed hiring decisions. How to Explain a Misdemeanor on a Job Application Example When addressing a misdemeanor on a job application, it's crucial to demonstrate accountability while focusing on your growth. A misdemeanor can raise questions, and many candidates wonder, "Will a misdemeanor affect employment?" Here's a general approach: Be Honest: If the application asks about criminal history, answer truthfully. Focus on the Positive: Highlight your growth and rehabilitation since the incident. Address the Issue Directly: Briefly explain the situation, taking responsibility for your actions. Emphasize Positive Changes: Discuss steps you've taken to improve, such as completing a program or seeking counseling. Reiterate Your Commitment: Express your dedication to your career and your ability to contribute positively to the company. Expunge a Misdemeanor in Florida, Do I Qualify? The quickest way to determine if you qualify for misdemeanor expungement and to begin the process efficiently is to seek a trusted Florida expungement lawyer, such as Erase The Case. We offer a free eligibility test and a comprehensive solution for criminal record removal, including expungement, background check removal, and mugshot removal. With their help, your criminal charge can effectively be erased as if it never existed. For more information, check out the article: "Can I Get a Misdemeanor Off My Record in Florida?" ### Pages #### About Erase The Case Home The florida expungement firm About Our Firm Exclusive Expungement Firm in Florida DO I QUALIFY? Lead Counsel Verified loading ... Our Story Founded with Purpose. Built on Expertise. Driven by Justice. Erase The Case, founded in 2019, is a dedicated Florida expungement law firm that operates on the belief that everyone deserves a second chance. Our mission is to help individuals reclaim their futures by removing the barriers created by a criminal record. A history of arrest or conviction can hinder opportunities for employment, housing, and overall peace of mind, but it doesn’t have to be that way. We take pride in being the only law firm in Florida that focuses exclusively on expunging and sealing criminal records, enabling our clients to move forward with a clean slate and renewed confidence. Why People Choose Us Florida's expert expungement law firm Serving all 67 Florida counties A client centered firm Instant case updates & task reminders​ Cases expunged in 3-5 months​ Direct lawyer to client communication​ Our Lawyer The name behind Florida’s clean-slate movement At the heart of Erase The Case is David Weisselberger, a Florida expungement attorney with a unique perspective and unmatched experience.David is a former Miami-Dade prosecutor who has been on both sides of the courtroom. He saw firsthand how even a single arrest, especially one that never resulted in a conviction, could unfairly hold someone back for years. That realization inspired him to launch Erase The Case and dedicate his entire practice to helping people wipe the slate clean. About David In The News See how people talk about Erase The Case See more Florida’s hiring boom spotlights growing demand for record sealing, expungement As employers ramp up hiring across Florida, more people are seeking expungement to overcome background check hurdles. Erase The Case is featured as part of this growing legal trend, helping Floridians clear their records and access new job opportunities. See more Can You Erase Your Mug Shot From the Internet? An Investopedia article references Erase The Case as a trusted resource in navigating the complexities of mugshot removal, especially around the cost and legal approaches to clearing one’s online reputation. The piece emphasizes how sealed or expunged cases can often be handled without charge and positions you among reputable firms advocating for equitable record clearance. See more 5 Best Florida Expungement Lawyer The reputable legal directory USAttorneys.com lists Erase The Case among Florida’s top firms for expungement services. It emphasizes how having skilled legal representation can significantly streamline the expungement process—evaluating eligibility, preparing documents, and ensuring timely filings See more Florida’s hiring boom spotlights growing demand for record sealing, expungement As employers ramp up hiring across Florida, more people are seeking expungement to overcome background check hurdles. Erase The Case is featured as part of this growing legal trend, helping Floridians clear their records and access new job opportunities. See more Can You Erase Your Mug Shot From the Internet? An Investopedia article references Erase The Case as a trusted resource in navigating the complexities of mugshot removal, especially around the cost and legal approaches to clearing one’s online reputation. The piece emphasizes how sealed or expunged cases can often be handled without charge and positions you among reputable firms advocating for equitable record clearance. See more 5 Best Florida Expungement Lawyer The reputable legal directory USAttorneys.com lists Erase The Case among Florida’s top firms for expungement services. It emphasizes how having skilled legal representation can significantly streamline the expungement process—evaluating eligibility, preparing documents, and ensuring timely filings Real criminal expungement lawyers. Real results. #### Aggravated Battery in Florida | Penalties, Defenses & Expungement Aggravated Battery is a serious criminal offense in Florida, with significant legal consequences for those convicted. Governed by Florida Statute 784.045, this article aims to provide a comprehensive understanding of what constitutes Aggravated Battery in Florida, its penalties, potential legal defenses, and the possibility of expunging one's record to erase the case. What Is Aggravated Battery in Florida? Under Florida Statute 784.045, Aggravated Battery involves the intentional touching or striking of another person against their will, with the presence of one or more aggravating factors. These factors distinguish it from simple battery and make it a more severe offense.  Some of the primary elements that can elevate a battery to the status of Aggravated Battery include:Use of a Deadly WeaponOne of the most common aggravating factors is using a deadly weapon during the commission of the crime. This could be a firearm, knife, or other object capable of causing significant harm.Intent to Cause Severe Bodily HarmIf there is clear intent to cause severe bodily harm or injury to the victim, the crime will likely be classified as Aggravated Battery.Targeting Specific GroupsAggravated Battery can also apply if the crime is committed against specific individuals, such as law enforcement officers, the elderly, or pregnant women. Targeting these groups often leads to elevated charges.See Also: What Is Felony Battery & How To Expunge It What Are the Defenses to Aggravated Battery in Florida? When facing charges of Aggravated Battery in Florida, it's crucial to explore possible defenses to mitigate or challenge the allegations:Self-Defense and Justifiable Use of ForceOne potential defense is demonstrating that the accused acted in self-defense or used force justifiably. In Florida, individuals can defend themselves or others against imminent harm, provided that the force used is proportional to the threat. Understanding the legal boundaries of self-defense is critical in building a robust defense.Lack of IntentAnother defense strategy revolves around the lack of intent. If it can be established that the accused did not intend to commit the crime, this defense can be used effectively to challenge the charges.Alibi and Witness CredibilityThe credibility of witnesses and an alibi's presence is vital in Aggravated Battery cases. Providing a strong alibi or challenging the credibility of witnesses can be crucial components of the defense strategy.Legal Counsel's RoleEngaging a skilled attorney is perhaps one of the most critical aspects of mounting a successful defense. Experienced criminal defense lawyers are experts, despite the complexities of the legal system, who gather evidence and advocate for the accused in court. Expunging Your Aggravated Battery with Erase The Case For those who have not been convicted of Aggravated Battery in Florida, there may be a possibility of expunging the aggravated battery charge  from their criminal record. Expungement is a legal process that can provide you with a fresh start by rendering your  criminal records confidential, thus erasing them from public view. Eligibility for Record Expungement To be eligible for expungement in Florida, specific criteria must be met, including:Never been found ‘guilty’ or ‘adjudicated delinquent’ of any criminal charge in Florida.Completion of court supervision or probation.  .Charge did not result in ‘Withhold of Adjudication.’No criminal convictions (I.E., adjudication of guilt).No prior record sealing or record expungement in Florida.No other pending petition to expunge or seal in Florida.Understanding these eligibility requirements is essential for individuals seeking to expunge their records and erase the case from their criminal history. The Process of Expunging a Conviction The expungement process involves several steps, including: Filing a petition with the court. Obtaining a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). Paying associated costs.  Attending a court hearing if the judge requires one or if the State ‘objects.’Expunging a criminal record can be frustrating due to the complications involved. Read our comprehensive guide on Getting Your Record Expunged in Florida! Benefits of Expungement Expungement is a legal remedy that allows individuals to move forward from past mistakes and lead more fulfilling lives. Expunging an Aggravated Battery charge offers several advantages, including:Improved employment prospects: With a clean record, individuals may find it easier to secure employment or better paying employment, advancing their careers.Enhanced housing opportunities: Many landlords and property managers perform background checks on prospective tenants, making an expunged record highly beneficial.Enhanced quality of life: Removing a criminal record ensures an improved overall quality of life, with fewer barriers to opportunities and social acceptance.Clear your criminal record with our expungement services. We have  Florida’s top expertise to guide you through the way. Our expungement law firm are ready to discuss our expunging services in Florida, so don’t hesitate to Contact us today! FAQ Is Aggravated Battery a Felony in Florida?Yes, Aggravated Battery is typically classified as a felony in Florida, with the specific classification often being a second-degree felony. This categorization carries significant legal consequences and penalties.What is the Penalty for Aggravated Battery in Florida?The penalties for Aggravated Battery in Florida can include substantial prison sentences, fines, and restitution to the victim. The penalties that may be imposed vary depending on the circumstances of the case.What is the Difference Between Battery and Aggravated Battery in Florida?The critical difference between simple battery and aggravated Battery in Florida lies in the presence of aggravating factors. Simple Battery involves unwanted physical contact, while aggravated Battery includes elements such as using a deadly weapon, the intent to cause severe bodily harm, or targeting specific groups. #### Attorney David Weisselberger Home David Weisselberger - Expungement Lawyer Kicking butt and expunging names! Introduction Expungement attorney & Founder of Erase The Case The Florida Bar's Profile David Weisselberger is the founding partner and expungement lawyer of Erase The Case, a law firm dedicated to helping individuals overcome their criminal pasts. As a highly trained lawyer with a proven track record, Mr. Weisselberger has served as a former Assistant Public Defender for Miami-Dade County, worked as a solo practitioner, and was an associate at the esteemed Saban & Solomon Law Firm. He understands the profound impact that a public criminal record can have, including job losses, school suspensions, and difficulties in securing funding.Understanding the impact of a public criminal history on personal and professional life, he founded Erase The Case. This organization offers a comprehensive solution for criminal record expungement, guiding individuals through the complex legal process. His mission is to empower Floridians to reclaim their lives, find peace of mind, and seize second chances. With personalized support and expert guidance, Erase The Case aims to transform the lives of those burdened by their past. David WeisselbergerReviewsout of 9 reviews Lead Counsel Verified loading ... David WeisselbergerReviewsout of 9 reviews Lead Counsel Verified loading ... About His Background Mr. David Weisselberger is a loyal, hard-working and efficient attorney, but above all, he is passionate about helping people. 01 Education » 2009 - 2012: Bachelor of Arts - BA, Philosophy at the University of Florida» 2013 - 2014: Doctor of Law - JD in Nova Southeastern University, Shepard Broad College of Law» 2014 - 2016: Doctor of Law - JD inthe  University of Miami School of Law 02 Career Path » 2014 - 2017: Associate Attorney, Law Clerk - LAW OFFICES OF SABAN & SOLOMON, PLLC» 2018: Assistant Public Defender - Miami-Dade Public Defender's Office» 2019 - Now: Founding partner - Erase The Case 03 Triumphs » In addition, he is a recipient of one of the highest Florida Bar Exam scores in the state for the February 2017 sitting.  04 Honors » He has been a respected and trustworthy, good-standing member of the Florida Bar.» He is also recognized as The National Trial Lawyer Top 40 Under 40. 05 In The News » As Expungement Reform Stalls, Floridians Turn To Private Legal Help - WFLA.com» Due Process Rights for Criminal Record Sealings and Expungements - Legalreader.com What Makes Him Different Mr. Weisselberger is Florida's leading expungement attorney, known for his expertise. Top Performance As a dedicated expungement expert, he has handled more expungement and sealing cases than any other lawyer, including some of the most extraordinary cases across 67 counties in Florida. Fastest He is recognized as one of the most efficient expungement lawyers in Florida, capable of handling cases and delivering premium service in an average of 90 days, whereas others might take up to 7 months. Most-Loved Let the clients speak for themselves. Mr. Weisselberger has earned more 5-star ratings for expungement/sealing than any other lawyer in the state of Florida. Check it on Google Reviews and Shopper Approved What Clients Are Saying About Him Mr. Weisselberger not only expunges records, but also helps clients achieve peace of mind through his dedication to his work. SEE TESTIMONIALS Mr. Weisselberger's Recognition Mr. Weisselberger is recognized as one of the most reputable and high-performance expungement attorneys in Florida 110+ Five-star Google ReviewsBest Expungement Lawyers in Florida by USAttorneys208+ Five-star Shopper Approved ReviewsTop-rated Expungement Expert by LawyerMonthlyTop 40 Under 40 by The National Trial LawyerMember in Good Standing of The Florida Bar His Sharing on Public Media Mr. Weisselberger 's Best Articles Explore some of his expert articles about expungement and sealing in Florida: Understanding Level 1 Background Checks in Florida Seal and Expungement Application Form How To Get Mugshot Removed From Google? Criminal Record Personal Expungement Letter Sample 5 Types of Expungement in Florida (Eligibility, Process, & Duration) #### Battery on a Police Officer in Florida | Penalties, Defenses, & Expungement Committing battery against a police officer is a serious criminal offense in Florida that can result in severe consequences, including years of imprisonment and hefty fines. This crime involves intentional physical touching, contact, or assault on a law enforcement officer while they are performing their official duties. In this article, we will delve into the definition of police officer battery, the elements that constitute this offense, the penalties that one might face if convicted, available defenses, and how Erase the Case can assist individuals facing such charges. What Is Battery on a Police Officer? In Florida, Battery on a police officer is a criminal offense involving physical contact or assault on a law enforcement officer. At the same time, if they are engaged in their official duties, this offense is considered a third-degree felony, the most severe category of crimes in the state. If convicted, individuals can face severe consequences, including up to five years in state prison and a maximum fine of $5,000. It is crucial to understand the elements of this crime and the potential penalties before discussing defenses. What Are The Elements of the Crime of Battery on a Police Officer? To be charged with battery on a police officer in Florida, certain elements must be present. These elements typically include:Physical ContactThe offender must have made intentional physical contact with the law enforcement officer. This could involve striking, hitting, or touching the officer in a harmful or offensive manner.Knowledge of the Victim's StatusThe offender must have been aware that the person they assaulted or touched was a law enforcement officer engaged in their official duties.Official DutyThe officer must have been actively performing their official duties when the assault or physical contact occurred. Who Are the Law Enforcement Officers? Law enforcement officers include a wide range of professionals who serve to maintain law and order. These may include police officers, sheriffs, deputies, correctional officers, and even probation officers. Engaging in any form of attack against these individuals during the execution of their official duties can result in being charged with battery on a police officer. What Are the Penalties for Battery on Police Officers? The consequences for battery on a police officer in Florida can be harsh, as stipulated in Section 784.07 of the Florida Statutes. In the event of a conviction, individuals may be subjected to the following penalties:ImprisonmentShould individuals be convicted of battery on a police officer, they may face a maximum prison term of five years for third-degree felony convictions.FinesIn addition to imprisonment, individuals can be fined up to $5,000 for committing this crime.ProbationThe court may impose probation as part of the sentence, which requires regular check-ins with a probation officer, adherence to certain conditions, and restrictions on one's freedom.Criminal RecordBeing convicted of battery on a police officer may result in a permanent criminal record, and this can have enduring consequences for an individual's personal and career prospects.Loss of Civil RightsConvictions for felonies can entail the forfeiture of specific civil rights, including the privilege to vote and possess firearms.Given the significant penalties associated with this offense, individuals charged with battery on a police officer should seek legal counsel and explore potential defenses. Expunging Your Records with EraseTheCase Explore Now! What Are the Defenses for Battery on a Law Enforcement Officer? If you face a battery on a police officer, it can be a daunting prospect. Still, there are several defenses that can be employed to mitigate or potentially dismiss the charges. These defenses include: Self-Defense A viable defense may be presented if the accused can establish that they were acting in self-defense or protecting others from potential harm. Lack of Intent Proving that the physical contact with the officer was accidental and lacked the intent to harm or offend can be a valid defense. False Accusations In some cases, false accusations or mistaken identity can lead to unwarranted charges. Establishing that the allegations are unfounded is a strong defense strategy. Violation of Rights If the arresting officer violated the accused's constitutional rights during the arrest or investigation, this can be used as a defense to challenge the charges. Excessive Use of Force If the law enforcement officer used excessive force during the arrest, arguing that the accused acted in self-defense or response to an excessive use of force may be a viable strategy. Mental Incapacity In some instances, the accused may have been grappling with a mental disorder that hindered their comprehension of their actions or the potential consequences of those actions. Also Read: What Is Felony Battery? How Erase The Case Can Help? Erase the Case is a legal services provider helping individuals facing criminal charges, including battery on a police officer. They offer legal support, advice, and representation to navigate the complexities of the legal system and protect individuals' rights. Whether you need guidance on your defense strategy, legal advice, or representation in court, Erase the Case can assist you in your legal journey. FAQ Is battery on a law enforcement officer a felony in Florida?Yes, battery on a police officer is classified as a third-degree felony in Florida, one of the most serious categories of crimes in the state.What is the sentence for battery on a law enforcement officer in Florida?Individuals convicted of battery on a police officer can face up to five years in state prison and a maximum fine of $5,000.How serious is a battery charge in Florida?Battery charges in Florida are taken very seriously, particularly when they involve law enforcement officers. A conviction can have significant consequences, including imprisonment and a permanent criminal record. Yet, don’t lose hope. You may be eligible for expungement. Can battery charges be dropped in Florida?The decision to drop or dismiss battery charges in Florida is typically at the discretion of the prosecuting attorney or the court. This may depend on the strength of the evidence, the presence of valid defenses, or negotiations with the prosecution.Also Read: What Is No Contact Order in Florida? #### Broward County Record Sealing & Expungement Lawyer You could be qualified for seal and expungement of records if you were charged with a crime in Broward County and the case did not end in a conviction.When it comes to your criminal record sealed or expunged, Florida allows the public to easily obtain information regarding your criminal past from the court system and law enforcement.It's probable that your application will be denied if they find any criminal history. Get your record expunged with the help of a Broward County expungement lawyer for an easy and stress-free process. Your livelihood and reputation shouldn't be irreversibly damaged by that one mistake.Related Article: Fort Lauderdale Expungement Lawyer: Seal & Expunge Records With Ease. Broward Expungement Lawyer - Erase The Case Looking for a Broward expungement lawyer or Fort Lauderdale expungement lawyer you can trust? Erase The Case is the go-to law firm for sealing or expunging criminal records across Broward County. Led by Florida expungement attorney David Weisselberger, our firm focuses exclusively on record clearing law and offers unmatched speed, precision, and transparency throughout the entire process.Here’s why clients across Fort Lauderdale and beyond choose us:Exclusive focus on Florida expungement law — with a 99.7% success rateRun by a former Miami-Dade prosecutor who understands both sides of the courtroomFaster-than-average turnaround times — many cases resolved in just 3–5 monthsFree automated eligibility check reviewed by a real attorneyWhite-glove client service with clear updates at every stageReady to get started? Call us now at +1 866-372-7335 or take our free eligibility test to see if you qualify. Sealing & Expunging a Record in Broward County The Florida Statute 943.045 states that a criminal record may be sealed to deny access to anybody who does not legally possess the information. A Broward County expungement lawyer is very familiar with these statutes. Regardless, to put it simply, a sealed record is one that the court has shut off from public access. The information and records are kept under "seal" in the criminal agency's and the judicial system's files, and they are private.You could be qualified to seal or expunge records of your criminal past if you were charged with a crime in Broward County and the case did not end in a conviction. There are more benefits you can get from sealing a criminal record such as:Criminal background is concealed from the general population;Access to the record will not be granted to employers or prospective employers;Clean public reputation is regainedUniversities and colleges won't be able to view the record;A person may legitimately contest the accusation or arrest,Evading regulations at work that prohibit promotion Expunge your criminal record with ease! We are proud to be the fastest expungement service in Florida. Get Started Eligibility Requirements for Broward Expungement Your eligibility requirements are first checked by the Broward county expungement lawyer before undergoing expungement of records. To get a criminal record expunged, you must meet the following requirements:No previous conviction for a similar infraction of a municipal law or other criminal offense.If the case was never formally filed by the State attorney, often known as a "no information," the information or charge document that is the subject of the expunction must have a disposition of a dismissal by the Court, a Nolle Pros (dismissal) by the State Attorney;Not a history of instances that Florida law has sealed or erased;No active court cases for the sealing or expunging of records;None of the parties involved in the execution have been found guilty.In order to know if you qualify for expungement, take out free eligibility test for expungement:  TAKE THE TEST NOW Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started How Do I Get My Record Expunged in Broward County, Florida? In terms of application to expunging criminal records in Broward County, there is a $75.00 processing fee that must be paid to the Florida Department of Law Enforcement.The procedure of sealing or expunging a criminal record in the Sunshine State begins with filing an application to the Florida Department of Law Enforcement. Specifically, here are the things that you need to submit:The Certificate of EligibilityFingerprints from a police enforcement agency that has been authorized;An officially recognized case outcomeA $75 money order or cashier's chequeAn application submitted by a state attorney or state prosecutor for expunctionFor an expert guide about the Florida expungement process, read this detailed article. How Much Does Expungement in Broward County Cost? The cost of expungement in Broward County can vary based on several factors, including attorney fees and court costs. Generally, the filing fee for an expungement petition in Florida is around $75. However, attorney fees can range from $500 to $1500, depending on the complexity of your case and the experience of the lawyer.Additionally, there may be costs for obtaining necessary documents, such as certified copies of court records, which can add to the total expense. It's advisable to consult with a local expungement lawyer to get an accurate estimate tailored to your specific situation. For more information, please refer to this article: How Much Does It Cost to Expunge Your Record in Florida? What Clients in Broward Are Saying About Us Broward County David Weisselberger is an outstanding attorney. I was arrested for a crime I did not commit, and the charges were dropped as soon as the state attorney's office reviewed the exonerating evidence. However, this arrest continued to appear on background checks made by potential employers. I just earned my graduate degree and knew that this would lead to missed opportunities. David managed to get this record expunged within six months, and I am beyond grateful for his efforts. Broward County I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm,if I can give more than 5star I would.Dayanna is amazing as well not a time I called or email I didn't get a fast reply Broward County The whole process of expungement was closely monitored by the attorney's office and updates were reported to me on a regular basis. Attorney Weisselberger is a man of his word and provides accurate status of the case whenever requested/needed. I expected a possible delay due to pandemic but the whole process was done in the time frame that was promised... Broward County I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even takes long Great job David! Broward County The service was great. If I had a question, they would respond within the day if it was a work day. Great experience but hope I never have to use them again. Broward County The service was great. If I had a question, they would respond within the day if it was a work day. Great experience but hope I never have to use them again. Broward County It has been effortless to work with David and his team at Erase The Case. They have been able to assist me with an old case I wanted to seal and have delivered as promised, all while making the process so easy. David and his team over-communicate which is a huge reason why I chose to work with them. All questions have been answered effectively, and promptly. I wouldn't doubt to recond them to anyone. Broward County The firm was communicative about the process, submitted the application forms judiciously, and dealt with the court without my needing to attend. It could not have been a better experience. Broward County I reached out to erasethecase for help to clean my record and they made it happen. The directions were easy to follow and the service was amazing. Thank you so much! Cases Our Lawyer Solved in Broward County Here are some tough cases in Broward County that our expungement lawyer has successfully expunged or sealed: FAQs What Crimes Can Be Expunged in Broward County? In terms of application to expunge criminal records in Broward County, there is a $75.00 processing fee that must be paid to the Florida Department of Law Enforcement. Generally speaking, records can be sealed or expunged unless Florida Statutes Annotated Section 943.051 specifically excludes the criminal conduct. Records for theft, drug possession, and other offenses are frequently eligible unless there are special conditions. A person may be entitled to the sealing or expunging of documents if:Not enrolled in a drug court or other diversion program at the moment;Has never had a criminal conviction or verdict against them; andPossesses no prior criminal record that has been sealed or erased How Long Does It Take To Expunge Records in Broward County? In terms of application to expunge criminal records in Broward County, there is a $75.00 processing fee that must be paid to the Florida Department of Law Enforcement. Typically, it takes 5-7 months for a Florida expungement.Criminal records can be expunged, and law enforcement agencies support this procedure and urge anybody interested in doing so. Hiring a reliable broward county expungement attorney can also affect how long it takes to finish. But before taking any further action, it is advised that you have a thorough understanding of the Florida expungement process. Do I need a lawyer to expunge my record in Broward County? A lawyer is not necessarily required when undergoing an expungement process of criminal records. However, a Broward county expungement attorney will exponentially increase the success of expungement or sealing of your criminal records. Lawyers know better in handling legal documents and how the entire procedure. Thus, get your record expunged with a lawyer to make the process faster. #### Can You Get a Felony Expunged in Florida? (Eligibility, Process, & Cost) If you have a felony arrest in Florida, you may still qualify for expungement, especially if your case was dropped, dismissed, or you meet other eligibility requirements. Expunging or sealing a felony charge in Florida will significantly enhance your future opportunities, impacting areas such as job applications, housing options, professional licensing, and immigration status.This guide provides a comprehensive overview of Florida felony expungement, including eligibility requirements, process, timelines, and associated costs.Eligibility Criteria for Felony Expungement in FloridaIn order to know who qualifies for felony expungement, it is important to understand the eligibility criteria:No previously expunged or sealed cases in FloridaNo previous adjudication of guilt or delinquency for any criminal chargesThe offense is not on the statutory disqualifying list under Florida Statutes, Sections 943.0584.No ongoing petition for expungement in any court in FloridaYou were found not guilty or acquitted by a judge or juryThe case against you was dismissed, dropped, nolle prossed, or any variation thereofYou must complete all court-ordered requirements, including probation, diversion programs, community service, and fines.To check your eligibility for expungement, click here. Eligibility results in under 2 minutes!Which Felonies Can Be Expunged in Florida?Under Florida Statutes 943.0585, all felony charges can be expunged if the case was dismissed, the person was never adjudicated guilty of any crime, and all other eligibility criteria are met.Some common felony arrests in Florida include:1. First-Degree FeloniesArmed robberyBurglary with assault or batteryAggravated battery (especially causing great bodily harm)CarjackingAggravated child abuse2. Second-Degree FeloniesDrug trafficking or possession with intent to sellVehicular homicide or DUI manslaughterExtortionFelon in possession of a firearmNarcotics sales to a minor3. Third-Degree FeloniesGrand theft (>$750)Simple felony battery (with prior conviction)Possession of controlled substances (small quantities)Resisting or fleeing law enforcementForgery / Uttering forged instrumentFelony DUI (third offense or injury-related)Driving while license suspended (multiple offenses)There isn’t a specific list of felonies that can be expunged. The law only prohibits the expungement of a felony charge if it has resulted in a conviction or if the defendant does not meet certain eligibility criteria. These criteria include having a prior expungement, being previously convicted of a crime, currently having a probation, or a pending case.However, there are some felony offenses, for which you plead guilty or no contest and receive a withhold of adjudication, that cannot be sealed even without a formal conviction. These felonies are considered dangerous crimes according to Florida Statutes 943.0584 "If you receive a withhold of adjudication in Florida, you might not be able to expunge your record, but you may be able to seal it. A withhold means the court did not formally convict you, which is important for sealing. If your case was dismissed or you were found not guilty, you would not seal the record; instead, you would apply for expungement. However, some charges, like sexual battery, child abuse, and other serious offenses, cannot be sealed, even with a withhold. To learn more about which offenses disqualify you from sealing, keep reading!"David Weisselberger Which Felonies Can Not Be Sealed in Florida?​According to Florida Statutes 943.0584, some dangerous felonies are disqualified from sealing, even if adjudication was withheld. These disqualifying offenses include:Sexual offenses (sexual battery, lewd & lascivious acts, child pornography)Murder or manslaughterArsonKidnapping or false imprisonmentHuman traffickingBurglary of a dwellingRobbery / home-invasion robberyCarjackingAggravated assault or batteryStalking or aggravated stalkingChild abuse or aggravated child abuseElderly or disabled abuseVoyeurism / digital voyeurismManufacturing controlled substances or drug traffickingTerrorismNote: These charges can still be expunged if dismissed or not prosecuted, but cannot be sealed if you entered a plea, even if you received a withhold.How To Get a Felony Expunged in FloridaTo expunge a felony record in Florida, start by obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This requires a completed application, a fingerprint card, and a processing fee.Once you have the certificate, you must file a petition in the court where the arrest occurred. It's advisable to consult a legal expert to understand the felony expungement process and avoid mistakesHere’s a brief guide to help you gain a better understanding of how to get a felony expunged in Florida:Step 1: Checking Eligibility Know the eligibility criteria for expungement. Click here and find out if you qualify for expungement with our free, 100% accurate, and automated eligibility test in only 2 minutes.Step 2: Apply for the FDLE Certificate of Eligibility Once you establish eligibility, collect the required documents to apply for the FDLE Certificate of Eligibility, which includes:FingerprintsA certified disposition of the caseSigned affidavit$75 processing feeFDLE takes up to 12 weeks to issue the certificate.Step 3: File Petition in Court After your Certificate of Eligibility is approved by the FDLE, file a Petition to Seal or Expunge in the county of arrest. If there are multiple counties, ensure the petition meets jurisdictional requirements for all related criminal history.Step 4: Court Review & Hearing (If Required) If no objections are received, the judge will review the petition and proposed order for compliance. If unopposed and all criteria are met, the court may issue an order to seal or expunge.If granted, the order will be sent to the arresting agency, State Attorney, FDLE, and other applicable entities.Step 5: Order Granted & Record Expunged If the judge approves the request and signs the order, the clerk of courts must process the expungement or sealing order. The petitioner must pay all fees, including the filing fee and any extra costs for certified copies.Once all fees are paid, the clerk will send certified copies of the court order to all relevant criminal justice agencies that were involved in the case.For expungement, most government agencies must destroy the record, though some may keep a confidential copy. For sealing, the records remain confidential and cannot be accessed by the public, employers, or online databases.For a more complete Florida expungement step-by-step guide, read How to Expunge a Record in Florida (Ultimate Guide)Benefits of Getting a Felony Expunged in FloridaDiscover how felony expungement can empower you to reclaim your life, and explore the numerous advantages it brings. Felony expungement offers several benefits, including:Enhanced Employment Opportunities with better payImproved Housing acceptance processPeace of Mind and Reduced Stigma during background checksProtection of Personal InformationEnhanced Educational OpportunitiesRestoration of Firearm RightsImproved Professional Licensing acceptance processContact our expungement lawyers in Florida today and understand how to expunge a felony!Why Felony Records Often Remain Unless Expunged?Until a felony offense is expunged or sealed, it remains as a public criminal record indefinitely in the State of Florida. Some also believe that a felony record will automatically disappear after seven months or seven years. However, this is misleading information that might harm those trying to make informed decisions about their future.To debunk the myth and gain a better understanding, read this detailed article.How Much Does It Cost To Expunge A Felony in Florida?Expunging a felony offense in Florida can entail variable expenses, ranging from $270 to over $2,500. If you hire a lawyer, typical attorney fees range from $749 to $2,500, excluding additional costs associated with the expungement procedure.At Erase the Case, we provide a budget-friendly, all-encompassing flat fee of just $995. This fee covers every facet of the process, offering the fastest and most comprehensive service in Florida and peace of mind.Also Read: How Much Does Expungement Cost In FloridaErase Your Felony Arrest — Start With a Free Case ReviewAt Erase the Case, we specialize in felony offense expungement cases in Florida. Our legal team understands the legal system's complexity and can lead you through every step of the expungement process.Let us take the guesswork out of the process. We offer:Free case evaluationFlat-fee pricingFull representation in court (if required)100% money-back guarantee if you're found ineligibleWe are dedicated expungement lawyers in Florida who help individuals like you regain control of their lives by erasing the past and building a brighter future. Contact us today for a free consultation to discuss your eligibility and how we can assist you  Expunge your criminal record with ease! We are proud to be the fastest expungement service in Florida. Get Started FAQs Can All Felonies Be Expunged in Florida If the Case Was Dismissed? Yes. Florida law allows you to expunge any felony charge—as long as the case was dismissed, dropped, or resulted in a not guilty verdict, and you meet all other statutory criteria. Can You Expunge a Felony with a Withhold of Adjudication? You cannot expunge it, but you might be eligible to seal it if all other legal criteria are met, including that your charge is not on the disqualifying list. Can You Expunge Multiple Felony Charges in Florida? Yes, it is possible to expunge multiple felony charges in Florida if they are related, but eligibility criteria must be met for each case. Consult with an expert attorney to assess your specific situation. What Do Felons Lose in Florida? Felons in Florida may lose specific civil rights – the right to vote or possess firearms. However, these rights can often be restored through legal processes or gubernatorial pardons. Will expunging a felony remove it from all background checks? Yes, once expunged, the record is no longer publicly available and can be lawfully denied in most circumstances, except to certain government agencies. #### Can You Get A Misdemeanor Expunged in Florida? A misdemeanor is a type of criminal offense that, while less severe than a felony , can still leave enduring marks on your criminal record. In Florida, individuals with a misdemeanor charge may have their record expunged or sealed only if the case does not result in a conviction, or the adjudication was withheld. However, other eligibility requirements must be met, such as the charges not involving a disqualifying offense, or the case must be closed. Can Misdemeanors Be Expunged in Florida? In Florida, misdemeanors can be expunged if the charge was dropped, dismissed, or resulted in an acquittal. To qualify, you must meet certain eligibility requirements outlined in Florida Statutes 943.0585, such as having no prior convictions and no other expunged or sealed cases. If you received a withhold of adjudication, you may still be eligible for record sealing, which provides similar privacy protections. You can apply for misdemeanor expungement on your own, or you can hire a Florida expungement attorney to help expedite the process and provide you with peace of mind. Eligibility Requirements for Expunging a Misdemeanor You can actually get a misdemeanor expunged if certain eligibility criteria are met. Some include:1. The Case Must Have Been DismissedYou can seek expungement of a misdemeanor if the charges were dropped, you were found not guilty, or you completed a diversion program with charges dismissed. If you were adjudicated guilty, you cannot expunge the record, but sealing may be possible if adjudication was withheld.2. No Prior Convictions or Adjudications of GuiltYou must not have any prior convictions—felony or misdemeanor—in Florida or any other state. Additionally, you cannot have previously had a criminal record sealed or expunged in Florida.3. You Have Not Previously Sealed or Expunged a Record in FloridaFlorida law only allows one sealing or expungement in a lifetime (with few exceptions). If you have previously expunged or sealed another offense, you will likely be ineligible.4. Your Offense Is Not Disqualified by StatuteCertain misdemeanor offenses—such as those involving domestic violence, stalking, or sexual misconduct—may be disqualified from expungement under Florida law, even if dismissed.5. You Have Obtained a Certificate of Eligibility from FDLEBefore filing your petition in court, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). The application process includes:Submitting a completed application formFingerprintsA certified copy of the case dispositionA processing feeThe FDLE will verify your eligibility based on your criminal history and case details.Sometimes, you can only seal but not expunge your misdemeanor record because the case results in a withheld adjudication. In order to know whether you are eligible for expunging or sealing a misdemeanor offense, check this Detailed List of Florida Expungement Eligibility Requirements. Take Our Free Eligibility Test Only 2 minutes to figure out if youa are eligibile for misdemeanor expungement Get Started Which Misdemeanors Can Be Expunged in Florida If your misdemeanor case was dropped, dismissed, found not guilty, or if you received a withhold of adjudication, you may be eligible for expungement or sealing, depending on the charge.Some common examples include:Possession of Cannabis (Under 20 Grams)Frequently charged as a first-degree misdemeanor prior to changes in local enforcement.Petit Theft / Retail TheftShoplifting items valued under $750 — commonly charged and often dropped for first-time offenders.Trespassing (Unoccupied Structure)Typically, a second-degree misdemeanor, often resolved without conviction.Disorderly ConductOften charged in public disturbance or bar-related incidents, cases are often dismissed.Resisting an Officer Without ViolenceA nonviolent obstruction charge is often tied to underlying issues like mistaken identity or over-policing.💡 Note: Some misdemeanors are excluded from expungement or sealing depending on the nature of the offense (such as domestic violence, DUI, or sexual misconduct). Always review the official list of disqualifying offenses or take our free eligibility test to confirm. How To Get a Misdemeanor Expunged in Florida To expunge a misdemeanor in Florida, you first need to apply for a Certificate of Eligibility and then submit it to the Florida Department of Law Enforcement (FDLE) to obtain the court-ordered expungement document. Here is a step-by-step guide to get a misdemeanor expunged in Florida:Step 1: Determine EligibilityBefore proceeding, ensure that you meet the eligibility criteria for misdemeanor expungement. Typically, you must have completed your sentence, including probation or parole, and have no pending criminal charges.Take our free eligibility test to know if you are eligible to expunge a misdemeanor record. Only 2 minutes to know the result.Step 2: Gather Required DocumentsCollect all necessary documents, including your criminal record, case information, and supporting evidence demonstrating your eligibility.Step 3: Complete and Submit FDLE Application     Fill in the application for expungement and notarize the same. Send the application and the required documents to the State Attorney's Office through personal service or mail. Send the same to FDLE.Step 4: Wait for the issuance of the Certificate of EligibilityUpon approval of the FDLE of your application, they will issue a Certificate of Eligibility and furnish you with the same. Step 5: File the PetitionSubmit a petition for expungement to the appropriate court in Florida. This petition should include all required documentation, a Certificate of Eligibility, and a filing fee.Send copies to the State Attorney's Office in the same county.Step 6: State Attorney's ResponseThe State Attorney's Office will respond, and a court hearing may be required in cases of objections. Step 7: Attend a Hearing (if there are objections)A judge may schedule a hearing to review your misdemeanor expungement request. You may need to present your case and explain why your misdemeanor should be expunged.Step 8: Receive order (if no objections)If there are no objections, the Clerk will send the necessary documents to the court. This typically leads to issuing a signed Order Expunging the Record within a matter of weeks, which will be sent to you by mail.Step 9: Follow-Up StepsAfter a successful expungement, ensure that all relevant agencies and organizations update their records to reflect the expungement. This may include law enforcement agencies, courts, and background check providers.Expunging a misdemeanor record can be complicated and stressful if you don't get it right in the first place. In order to give you a more in-depth view of expungement in Florida, it is suggested to read our Complete Guide to Get Your Record Expunged in Florida Will A Misdemeanor Ever Go Away in Florida? Unfortunately, in Florida, a misdemeanor remains on your criminal record permanently unless you have it expunged or sealed. There is no specific expiration date for misdemeanors, unlike some traffic citations. This means that even a minor offense from long ago can show up on background checks and cause problems securing employment, housing, or professional licenses. There is also a myth that says a misdemeanor will disappear after 7 years in Florida. However, this is a misconception that creates confusion for those who are seeking misdemeanor expungement.To debunk this myth, explore this article: How Long Does a Misdemeanor Stay on Your Record? How A Misdemeanor Affects Your Life, If Not Expunged A misdemeanor record can have serious consequences that affect many aspects of your life. These repercussions may include difficulties in finding employment, obtaining housing, and maintaining relationships, as well as potential legal penalties like fines or probation.Employment Opportunities: Without a doubt, employers typically conduct background checks before hiring employees. Having a misdemeanor on your record can make securing certain job positions challenging, especially those involving trust or handling sensitive information.Housing: Landlords often consider an applicant's criminal history when renting out property. A misdemeanor can lead to rejection or limitations in housing options. If this is your problem, ask us about our Attorney Legal Case Analysis Letters.Professional Licensing: Certain professions and licenses require a clean criminal record. A misdemeanor may disqualify you from obtaining these licenses, impacting your career prospects. If this is your problem, ask us about our Attorney Legal Case Analysis Letters.Immigration Status: Non-US citizens with misdemeanor convictions may face immigration consequences, including deportation or denial of visa applications. Personal Reputation: A misdemeanor can tarnish your reputation and relationships, causing embarrassment and distress. If it is on the internet, people will find it. How Long Does it Take to Expunge a Misdemeanor in Florida? On average, most lawyers take upwards of 5 to 7 months or longer. Most importantly, because you can only expunge your misdemeanor once means you only choose one lawyer without the opportunity to later compare a better service, so choose wisely!But, with Erase the Case , completion takes only three to five months from beginning to end, including verifying eligibility, filing the petition, conducting background checks, and resolving matters in court. FAQs Can you expunge a misdemeanor in Florida? Yes, expunging a misdemeanor in Florida is possible if you are eligible and follow the necessary legal procedures. Does a misdemeanor stay on your record in Florida? Unless it is expunged or sealed, a conviction for a misdemeanor will remain on your criminal record in Florida, potentially affecting your life in various ways. Can you expunge a misdemeanor DUI in Florida? So, can you get a misdemeanor off your record? Expunging a misdemeanor DUI in Florida may be possible, but it depends on your case and eligibility. Consulting with legal professionals, such as Erasethecase, can help you determine the viability of expungement in your situation. #### Case Results: Successfully Expunged & Sealed Cases Home Case Results: Successful Expunged & Sealed Cases The cases below are select examples of our work and are not exhaustive of our results. Every case is unique and depends on its specific facts. Past results do not guarantee similar outcomes. With over 1,500 successful expungements and sealings statewide, our firm is devoted exclusively to this area of law and committed to focused, strategic representation. Free eligibility test Found 43 Results Page 1 of 5 DUI Record Expunged in Monroe County in 5 Months December 28, 2025 Disorderly Conduct Expunged in Miami-Dade in 4 Months Felony Drug Charges Sealed in Bay County in 6 Months Domestic Violence Battery Expunged in Miami-Dade in 4 Months Loitering Case Sealed in Alachua in Just 4 Months Two Cases & Four Charges Expunged in Alachua in 6 Months Two Related DV Cases Expunged in Orange in 6 Months Felony & Misdemeanor Charges Expunged in Broward in 5 Months Petit Theft Expunged in Seminole in Just 4 Months Battery Charge Sealed in Palm Beach in 4 Months Page 1 of 5 Older posts *Every case is different and must be evaluated on its individual facts and legal circumstances. The results described on this page were achieved in specific matters and do not guarantee or predict similar outcomes in future cases. #### Cases Home Criminal Cases for Expungement in Florida Regarding Florida expungement law, the criminal cases listed below are eligible for expungement. However, it is essential to ensure that you qualify before proceeding with the expungement process. Check your eligibility now! DO I QUALIFY? Expunge Now, Pay Later™ with VIOLENT CRIMES TRAFFIC CRIMES THEFT & FRAUD DRUG CRIMES PROPERTY CRIMES PUBLIC ORDER OBSTRUCTION Trusted process. Proven results. Our lawyers have provided more expungements than any other law firm in the state of Florida in record-breaking time! But don't just take our word for it. READ TESTIMONIALS HERE "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm." Lee County "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. " Miami-Dade County "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!" Broward County "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything." Orange County "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you." Hillsborough County "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David" Palm Beach County "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue." Duval County "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case." Pinellas County "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process." Polk County Click to see more reviews. #### Contact Us Home Contact Us Don't wait. Speak to an attorney today! 1 (866) 372-7335 | 1 (866) ERASE FL Call for a free consultation lawyer@erasethecase.com Email us with any questions 1060 Brickell Ave Miami, FL 33131 Our headquarters Contact FormFirst NameEmailNumeric FieldYour MessageSubmit Form #### Disclaimer Disclaimer Please read this disclaimer carefully before using The Erase The Case website operated by us.The content displayed on the website is the intellectual property of Erase The Case. You may not reuse, republish, or reprint such content without our written consent.All information posted is merely for educational and informational purposes. It is not intended as a substitute for professional advice. Should you decide to act upon any information on this website, you do so at your own risk.While the information on this website has been verified to the best of our abilities, we cannot guarantee that there are no mistakes or errors.The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Please use caution: Any information you provide is not considered confidential until you have retained the services of Erase The Case.We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. #### Do I Qualify? Home To qualify for expungement in Florida, you must have no prior expungements or sealings, your case must have been dismissed, dropped, or resulted in no conviction, and you must be eligible for a Certificate of Eligibility issued by the Florida Department of Law Enforcement. Take our 2-minute eligibility test to find out if you qualify. Eligibility Requirements for Expungement or SealingTo qualify for expungement in Florida, you must meet all of the following criteria:No Prior Expungement or Sealing: You have never had a criminal record sealed or expunged before in Florida (with limited exceptions for juveniles).Case Outcome Must Qualify: The charges must have been:Dismissed,Dropped (nolle prosequi),Acquitted (found not guilty),Or never formally filed.No Prior Criminal Convictions: You cannot have been adjudicated guilty (convicted) of any criminal offense in Florida or any other state.No Ongoing Criminal Cases: You cannot currently be under any form of court supervision or prosecution.Not Listed on Disqualifying Offenses: Certain serious offenses (e.g., sexual misconduct, violent crimes, etc.) are ineligible even if dropped. See the Florida Department of Law Enforcement (FDLE) disqualifying offense list.Certificate of Eligibility Required: You must obtain a Certificate of Eligibility from FDLE before filing your petition with the court.For a full list of eligibility requirements, visit this Comprehensive Guide on Florida ExpungementWhat If You Don't Qualify for Expungement?​If you don't meet the criteria for expungement, you may still be eligible to have your record sealed. Record sealing is often available if you received withhold of adjudication and your offense is not on the ineligible list.Difference Between Sealing and Expungement Eligibility in Florida?​You may be eligible for sealing if your case resulted in a withhold of adjudication (meaning the judge did not formally convict you), and the offense is not on the list of disqualifying charges under Florida Statute 943.059.You may be eligible for expungement if the charges were dismissed, nolle prossed (not prosecuted), no actioned, or you were found not guilty at trial. To qualify, you must still meet all other criteria, such as having no prior adjudications of guilt and not having previously sealed or expunged a record.Importantly, you cannot expunge a case that resulted in a withhold of adjudication - that case may only qualify for sealing.In practice, some people may qualify for one but not the other, depending on the outcome of their case and the type of charge. This distinction is critical when deciding the correct path to clear your record.Disqualifying Offenses​According to Florida law, there are specific offenses that cannot be sealed, even if you received a withhold of adjudication. However, you are still eligible to expunge your record if your case was dismissed or if you were not found guilty.Sex crimes - sexual battery, lewd or lascivious acts, child pornography, or offenses involving minorsViolent crimes - murder, manslaughter, kidnapping, robbery, aggravated assault or batteryCrimes against children, elderly, or disabled persons - including abuse or neglectDomestic violence offenses - if the charge was designated as domesticDrug trafficking - or manufacturing drugs near a schoolCertain offenses by public employees or officials - involving breach of public trust 1 (866) 372-7335 | 1 (866) ERASE FL Call for a free consultation lawyer@erasethecase.com Email us with any questions Miami, FL Our headquarters Step 1CONTACT US TO SEE IF YOU QUALIFYAfter a short form, we will determine your best options.Step 2SUBMIT A FLAT FEE DEPOSITNext, as soon as we receive payment, we start working instantly.Step 3PETITION TO EXPUNGE IS FILEDWe file the petition to expunge or seal your record with the court.Step 4NOTIFY AGENCIES OF NEW HISTORYFinally, we notify government agencies that your record is now expunged/sealed. #### Domestic Violence Battery in Florida (Penalties, Defenses, & Expungement) Domestic violence is a severe crime affecting helpless individuals and families. Florida enforces stringent regulations concerning domestic violence battery, and the consequences can be notably harsh.If you or someone you know is confronting a domestic violence battery in Florida, it's vital to grasp the crime's definition, potential consequences, and available defenses. This article seeks to clarify these aspects, empowering individuals facing domestic battery charges to make informed choices and safeguard their rights.Providing comprehensive information helps those facing such charges make informed choices and implement appropriate actions to safeguard their rights. What Is Domestic Violence Battery in Florida? In Florida, domestic violence battery is defined as the deliberate and illicit act of physically contacting or striking a family or household member against their will. This crime involves individuals who share a close relationship, such as spouses, former spouses, cohabitants, and family members. It is vital to understand the legal definition of this offense, as it forms the basis for charges and penalties. Types of Florida Domestic Violence Charges Florida's legal system encompasses various domestic violence charges with distinct consequences. Understanding these charges is crucial for those facing domestic violence allegations:Domestic Battery: This common charge involves intentionally harming a family or household member against their will. Aggravated Domestic Battery: Charges escalate when serious bodily harm or a deadly weapon is involved.Stalking: This charge results from conduct causing emotional distress, fear, or harassment towards a family or household member.Aggravated Stalking: Involves credible threats or violating restraining orders, intensifying consequences.Dating Violence: Applies to non-married individuals in dating relationships, akin to domestic violence criteria.Child Abuse: Occurs when violence or neglect affects a child within a domestic setting.Elderly Abuse: Pertains to abuse or neglect against an elderly person in a domestic context.Kidnapping: Relevant in cases involving forced abduction within domestic violence situations. False Imprisonment: Results from restraining or confining a family or household member against their will.Violation of Protective Orders: Separate charges apply for breaching restraining orders, injunctions, or protective orders related to domestic violence.It's important to note that the specific charges and their definitions may vary based on the circumstances of each case, the relationship between the parties involved, and the severity of the alleged offense. If you or someone you know is facing any of these charges, consulting with an expert attorney in Florida is advisable to understand the legal implications and potential defenses. Check our full list of disqualifying offenses here! What Are Penalties for Domestic Battery in Florida? The penalties for domestic battery in Florida can be severe, and they depend on various factors, including the extent of the harm caused, prior convictions, and the relationship between the parties involved. Penalties may include fines, probation, mandatory counseling, restraining orders, or imprisonment. It is crucial to be aware of the potential legal consequences associated with domestic battery. What Are The Defenses for Domestic Violence Battery? Defenses in Florida domestic violence battery cases vary by circumstance. Common defenses include:Self-Defense: Claiming protection for oneself or others against an aggressor's harm, using reasonable force.Lack of Intent: Demonstrating unintentional contact contrary to the battery's intent requirement.False Accusations: Proving allegations are baseless, often stemming from personal disputes, revenge, or misunderstandings.Alibi: Presenting evidence or witnesses confirming absence from the alleged incident location.Consent: Arguing that the victim consented to the contact without coercion.Evidence Challenges: Disputing the validity of the prosecution's evidence, such as witness testimony or physical proof.Mistaken Identity: Raising doubts about the accused's identity as the alleged perpetrator.Rights Violation: Citing constitutional rights infringements during arrest or investigation. Diversion Programs: Pursuing counseling or diversion programs, potentially leading to charges being dropped upon completion.Consulting an experienced defense attorney is crucial to assess your case's specifics and determine an appropriate defense strategy. Florida's domestic violence battery charges carry significant consequences, and legal guidance can navigate the legal process effectively.As you might be interested: What Is Felony Battery & How To Expunge It? FAQ What happens when you get charged by the state of Florida with a battery?When charged with battery in Florida, you may face legal consequences, including fines, probation, mandatory anger management or counseling programs, and sometimes imprisonment. The extent of the penalties is contingent upon several elements, including the nature of the violation and any previous convictions on record.How much is a battery charge in Florida?The fines associated with a battery charge in Florida can differ widely based on the circumstances of the case. That is why it is essential to seek help from an expert attorney to determine the potential financial repercussions of a battery charge.Can battery charges be dropped in Florida?The decision to drop battery charges in Florida typically rests with the prosecuting attorney and the alleged victim. Discussing your case with our expert attorney can help explore potential options for having charges dropped.Is battery in FL a felony?Battery in Florida can be classified as either a felony or a misdemeanor; this depends on factors such as the extent of injuries, prior convictions, and the relationship between the parties involved. Understanding the specific classification of the charge is critical in determining the potential legal consequences. #### Driving With a Suspended License in Florida (Penalties & Defenses) Driving with a suspended license in Florida, commonly called DWLSR (Driving While License Suspended or Revoked), can have significant legal consequences. The Florida Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for regulating driver's licenses within the state.Violating the conditions of your driver's license can lead to misdemeanor charges. This article explores the penalties related to DWLSR in Florida, shedding light on the gravity of the offense and its repercussions. What Are Penalties for Driving With A Suspended License in Florida? Is driving with a suspended license a misdemeanor? DWLSR in Florida is categorized as a misdemeanor, which carries potential fines, jail time, and other legal consequences. The degree of these consequences can fluctuate based on the unique details of your situation and any prior DWLSR convictions on your record.First OffenseFor a first-time DWLSR offense in Florida, you may face:Fines of up to $500.Potential imprisonment for up to 60 days.Subsequent OffensesIf you have multiple DWLSR convictions on your record, the penalties become more severe:Second offense: Up to $1,000 in fines and up to one year in jail.Third offense: Up to $5,000 in fines and up to five years in prison.Impact on Your Driving Record and InsuranceAside from fines and potential incarceration, a DWLSR conviction can result in lasting repercussions for your driving history and insurance costs. The DHSMV may assign points to your driving record, potentially causing higher insurance premiums or even insurance coverage suspension. 6 Reasons for License Suspension in Florida License suspension in Florida can result from various factors, necessitating awareness to avoid driving with a suspended license and potential legal consequences. Common causes include:Traffic ViolationsExcessive points on your driving record due to traffic infractions can trigger license suspension when a specified threshold is reached.DUI OffensesDUI convictions typically lead to license suspension, with the duration contingent on the number of offenses and specific circumstances.Failure to Pay FinesUnsettled traffic fines, court fees, or related financial obligations stemming from traffic violations may result in suspension.Habitual Traffic OffenderDesignation as a Habitual Traffic Offender (HTO) in Florida can lead to a minimum five-year license suspension, often due to multiple DWLSR convictions or serious traffic transgressions.Drug-Related OffensesLicense suspension may follow convictions for drug offenses, particularly when a motor vehicle is involved.Child Support ArrearsFalling behind on child support payments can prompt license suspension as part of enforcement measures. Police Procedures for DWLS Investigations Law enforcement follows established protocols when encountering a driver suspected of operating a vehicle with a suspended or revoked license.Traffic StopPolice officers typically initiate DWLS investigations by conducting a traffic stop. VerificationDuring the stop, officers will request the vehicle registration, driver's license, and insurance details. They will then verify the driver's identity and their license status through the DHSMV database.NotificationIf the officer discovers that the driver's license is suspended or revoked, they will inform the driver of this status. The driver will be asked to get out of the vehicle.Possible ArrestDepending on the circumstances and the officer's discretion, they may arrest the driver for DWLSR. If arrested, the driver may be taken into custody and invited to a local police station or jail. Legal Rights During DWLS Investigations It's essential to know your rights when facing a DWLS investigation:Remain CalmAsk for ClarificationExercise Your Right to Remain SilentContact an Expert Attorney How Do You Get Around With A Suspended License? When dealing with a suspended or revoked driver's license in Florida, there are alternative transportation options to avoid legal issuesPublic TransportationRidesharing ServicesCarpoolingBicycling or WalkingTemporary or Hardship License How Long Can A License Be Suspended In Florida? The duration of a license suspension in Florida varies depending on the reason for the suspension and the individual circumstances of each case. Here are some common scenarios and their corresponding suspension periods:Traffic ViolationsSuspension lasts from 30 days to one year, contingent on the issues earned.DUI OffensesFirst DUI conviction: License suspension for a minimum of 180 days up to one year.Second DUI conviction within five years: License suspension for a minimum of five years.Third or subsequent DUI conviction: License suspension for a minimum of ten years.Habitual Traffic Offender (HTO)Designation as an HTO leads to a minimum five-year license suspension.Failure to Pay FinesLicense suspension until fines and related fees are paid.Drug-Related OffensesConvictions related to drug offenses can lead to Florida drivers license suspension, the duration of which varies based on the case's specific circumstances. FAQ What happens if you drive around with a suspended license?DWLSR in Florida can lead to fines and potential jail time, contingent on your specific circumstances and prior DWLSR convictions.Can you drive in Florida with a suspended license from another state?You cannot legally drive in Florida with an out-of-state suspended or revoked license because Florida follows the Driver License Compact (DLC), an agreement among states to share information regarding license suspensions and traffic violations.Can you get a license if your license is suspended in Florida?If your Florida driver's license is suspended, you must address the underlying issues and fulfill the requirements outlined by the Florida DHSMV to reinstate your license. How long does it take to reinstate a suspended license in Florida?The time to reinstate a suspended license varies based on the reason for the Florida drivers license suspension and required actions. Contact your expert attorney now! #### Driving Without A License in Florida (Penalties & Defenses) Driving is a privilege granted upon meeting specific criteria, and holding a valid driver's license is a fundamental requirement to operate a vehicle legally. In Florida, violating this requirement can result in severe penalties. This article delves into the intricacies of driving without a license in Florida, examining the meaning of this offense, differences from a suspended license, penalties, possible defenses, exemptions, and expert guidance. What Does Driving Without A Valid License Mean in Florida? Driving without a valid license is a legal violation, as outlined by Section 322.03(1) of the Florida Statutes. According to this statute, individuals are required to possess a valid driver's license to be legally allowed to operate a motor vehicle within the state. Therefore, if someone is caught driving without a valid driver’s license, they are considered to be in breach of this law.In Florida, a driver's license serves as an official document indicating that an individual has met the state's requirements for operating a motor vehicle. This usually involves passing a written and practical driving test, as well as meeting certain age and residency criteria. Failing to obtain or carry a valid driver's license while driving is a direct violation of these state regulations. Difference Between No Valid License vs Suspended License A "no valid license" offense in Florida occurs when an individual operates a motor vehicle without ever obtaining a valid driver's license. This is a violation of the law. On the other hand, a "suspended license" refers to driving after a valid license has been temporarily revoked due to infractions, such as traffic violations or non-payment of fines. While both offenses involve driving without a valid driver’s license, the distinction lies in whether the individual never had a valid license or had one that was temporarily revoked. Both offenses can result in legal consequences, fines, and potential imprisonment. What Are the Penalties for Driving Without A License in Florida? Driving without a license in Florida can lead to various penalties, including:Criminal Charges: Operating a motor vehicle without a valid license is a criminal offense in Florida.Misdemeanor or Felony: The charge is typically classified as a second degree misdemeanor, but its severity depends on whether it's the first offense or if there is a history of driving without a license. Repeat offenses or aggravating factors may elevate the charge to a felony.Fines: Offenders can face monetary fines of up to $500; the amount of which may vary based on the specific circumstances and any previous violations.Probation: In some cases, a court may impose probation as part of the penalty for driving without a license.Community Service: Offenders may be required to perform community service as a part of their punishment.Impoundment of Vehicle: Law enforcement may impound the vehicle used in the offense, leading to additional costs for retrieval.Court Costs: Individuals convicted of driving without a license may be responsible for court costs.Jail Time: The imposition of up to 60 days in jail as a penalty is possible depending on the seriousness of the offense and any prior convictions. What Are the Defenses for Driving Without A License in Florida? While the penalties for driving without a license are stringent, there are potential defenses that individuals may employ. Defenses for driving without a license in Florida may include: Valid License: If the driver had a valid license at the time of the incident, providing evidence of this can lead to dismissal. Emergency Situations: If driving without a license was due to a true emergency, proving the necessity of the situation might be a viable defense. Incorrect Citation: If law enforcement issued an incorrect citation or misinterpreted the driver's license status, this could be challenged.Mistaken Identity: If there is evidence of mistaken identity, proving that another person was driving the vehicle may serve as a defense. Exemptions to the Requirement to Possess a Driver's License While Florida generally requires individuals to possess a valid driver's license, there are certain exemptions to this requirement. Some exemptions include: Agricultural Operations: Individuals engaged in specific agricultural operations, such as operating farm equipment or vehicles within a certain distance of the farm, may be exempt. Military Personnel: Active-duty military personnel operating military vehicles may be exempt from the typical driver's license requirement. Emergency Situations: In certain emergency situations, individuals may be allowed to operate a vehicle without a license, such as during evacuations or responding to urgent matters.Non-Residents: Non-residents with a valid out-of-state license may be allowed to drive in Florida for a limited period. How We Can Help At Erase the Case, our expert expungement lawyers specialize in clearing or expunging your case. With personalized guidance and strategic defense, we navigate the legal complexities, protecting your rights for a clean slate. Your second chance is just a call away. FAQ Do you need a valid driver's license to drive in Florida?Yes, according to Florida law, a valid driver's license is needed so you can operate a motor vehicle.What happens if you drive with an expired license in Florida?Operating a vehicle with an expired license may constitute a second degree misdemeanor, and individuals could be subject to penalties. It is essential to renew the license before its expiration date.What is considered a habitual traffic offender in Florida?A habitual traffic offender in Florida is an individual who accumulates a specific number of traffic-related convictions within a certain timeframe. This status can lead to severe consequences, including license suspension. #### Drug Crimes Expungement Expunging & Sealing Drug Crimes in FloridaFlorida's palm-lined streets mask a persistent challenge — drug crimes that range from simple possession to complex trafficking. This exploration delves into the intricate landscape of drug offenses, unveiling the legal complexities individuals may confront.From urban centers to quiet suburbs, the Sunshine State grapples with the multifaceted issues posed by drug-related allegations. Understanding the gravity of such charges is paramount, setting the stage for the indispensable role of an expert attorney in constructing a comprehensive defense strategy.Possession Of Drug Paraphernalia FloridaCocaine Possession FloridaDrug Defense AttorneyPossession Of Marijuana In FloridaGiven the drug crime allegations in Florida, the guidance of an expert attorney can be pivotal. The consequences, from hefty fines to potential incarceration, underscore the gravity of these charges. A seasoned attorney becomes an essential ally, adept at navigating the legal nuances, protecting individual rights, and strategizing to minimize potential repercussions.When confronted with the complexities of drug-related legal challenges, seeking the counsel of a knowledgeable attorney ensures a thorough understanding of the case and a staunch advocate dedicated to achieving the best possible resolution. #### Expunge Record Contact Us Don't wait. Speak to an attorney today! Contact FormFirst NameEmailNumeric FieldYour MessageSubmit Form 1 (866) 372-7335 | 1 (866) ERASE FL Call for a free consultation lawyer@erasethecase.com Email us with any questions Miami, FL Our headquarters We offer a simple 4 step process #### Expungement Lawyer Tampa: Criminal Record Expungement and Sealing If you've been charged in Tampa with a felony or misdemeanor, be it known that there is a drastic effect to your life. It will be much harder for you to land a job, enter a university, or own an apartment since the public can have access to your criminal background. But you can get your record expunged! Thankfully, an expungement attorney in Tampa helps people to experience life without a criminal record. Your mistakes should not hinder you from having a good life and irreparably damage your livelihood and reputation. Make your future better and get your record sealed or expunged with an expungement expert from Erase The Case. What Is Expungement in Florida? Expungement is a legal process that removes a criminal record from public access databases under Florida Statutes §943.0585. Courts authorize expungement when a criminal case ends without a conviction, such as when charges are dismissed or a defendant is found not guilty. Florida expungement law allows individuals to remove arrest records from public view so that most employers, landlords, and background screening agencies cannot access them. Law enforcement agencies retain confidential copies for investigative purposes, but public access to the record disappears after a judge signs the expungement order. The expungement process requires approval from the Florida Department of Law Enforcement (FDLE) and a court order from the appropriate county court. In Tampa, most petitions are filed through the Hillsborough County Clerk of Courts. Understanding this legal framework helps individuals determine whether clearing a criminal record is possible. The next step is to examine how criminal records affect employment and housing opportunities. Criminal Records in the United States Criminal records affect millions of individuals across the United States. The National Employment Law Project estimates that approximately 70 million Americans have a criminal record, which represents nearly one in three adults of working age. These records often appear in employment screening reports, housing applications, and professional licensing checks. Even arrests that result in charges being dismissed may remain visible in public databases unless the record is sealed or expunged. Florida expungement and record sealing laws allow eligible individuals to remove these records from public access. Understanding the scale of criminal record visibility highlights why expungement plays an important role in restoring employment and housing opportunities. These statistics explain why expungement and record sealing laws exist in Florida and why individuals pursue criminal record removal after cases are dismissed or resolved. How Criminal Records Affect Employment and Housing? Criminal records create measurable barriers to employment and housing. A hiring survey from the Society for Human Resource Management (SHRM) reports that more than 90% of employers conduct background checks before hiring employees. Arrest records and dismissed charges often appear in these reports. Researchers from the University of Michigan Law School studied expungement outcomes in 2019 and found that individuals who received expungements experienced a 23% increase in employment within one year. These findings demonstrate how record clearing improves economic opportunities. Housing providers also use screening reports when reviewing tenant applications. Many landlords rely on background screening services that pull information from county court databases. When courts approve expungement, these records disappear from public search results. Removing a criminal record, therefore, protects future employment prospects, housing opportunities, and educational applications. Eligibility rules determine whether a person qualifies for expungement under Florida law. Sealing & Expunging a Record in Tampa, Florida There are differences between sealing and expunging. A criminal record's sealing prevents anybody without the proper authorization from learning about your criminal past, according to Florida Statute 943.045. The sealed document is guarded by the court from public view. The judicial system is under "seal," the documents are confidential. However, when you get your record expunged, it is destroyed, and the only duplicate that remains is with the FDLE. There may be a court hearing during the expungement procedure. Talk to your Tampa expungement attorney for more details. So, during the procedure, having a Tampa expungement lawyer can increase the chance of winning the case. Eligibility for Expungement in Tampa Not all arrests or records qualify for expungement in Tampa. Here's a quick guide to see if you might be eligible: Charge Severity: Generally, misdemeanors and some felonies can be expunged. However, serious felonies like violent crimes or sex offenses are typically ineligible. Number of Offenses: You have better chances if you have no prior convictions or arrests not already expunged. Case Outcome: Cases that resulted in dismissal, acquittal, or completion of a pre-trial diversion program are more likely to be expunged. This is a general overview, and Florida expungement laws can be complex. For a definitive answer on your eligibility, it's best to consult with the best expungement attorney in Florida. They can assess your specific situation and advise you on the best course of action. The first step is to check if you qualify for expungement here. Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started Who Qualifies for Expungement in Tampa? Florida law establishes specific eligibility criteria for expungement. Courts approve expungement only when the case outcome meets strict legal requirements. The primary eligibility conditions include: No prior expungement or record sealing order: Florida law allows only one criminal record expungement in a lifetime. No criminal conviction in the case: Expungement applies only to cases that end without a conviction. The case must be dismissed, dropped, or resolved with a not-guilty verdict. Examples of cases that may qualify include: Dismissed misdemeanor charges. Arrests where prosecutors filed no charges. Cases resolved through acquittal at trial. Certain offenses remain ineligible for expungement, including cases involving convictions, domestic violence adjudications, and certain violent crimes. Eligibility verification often requires reviewing court dispositions and arrest records. Attorneys analyze these records before submitting an application to the Florida Department of Law Enforcement. Once eligibility is confirmed, applicants must understand the difference between expungement and record sealing. How to Expunge or Seal Your Criminal Record in Tampa? Expungement requires a multi-step legal procedure involving both state agencies and local courts. The following steps summarize how expungement works in Tampa courts. Individuals who want a full explanation of the Florida expungement process can review the statewide procedure for record sealing and expungement petitions. Step 1: Determine Eligibility Attorneys review arrest records, court dispositions, and prosecutor filings to confirm eligibility. Accurate eligibility verification prevents rejected applications. Step 2: Apply for a Certificate of Eligibility Applicants submit fingerprints and supporting documentation to the Florida Department of Law Enforcement Seal and Expunge Program. FDLE reviews the application and issues a Certificate of Eligibility if the applicant meets the eligibility requirements. Step 3: File the Expungement Petition After receiving the certificate, attorneys file a petition with the Hillsborough County Court. The petition includes supporting documents such as: The FDLE certificate arrest reports case disposition records Step 4: Prosecutor Review In Hillsborough County, the State Attorney’s Office may review the petition before the judge considers the request. Step 5: Court Order A judge reviews the petition and issues a final order approving or denying expungement. Step 6: Record Removal If the judge approves the petition, court clerks notify law enforcement agencies and background database providers to remove the record. Each stage requires accurate documentation and procedural compliance. Local legal expertise often reduces delays and administrative errors. Local Court Procedures Unique to Tampa Expungement petitions in Tampa follow statewide rules but involve several local procedural details. The Hillsborough County Clerk of Courts manages filing procedures and maintains criminal case records. Applicants must submit certified copies of case dispositions before the court processes an expungement petition. Local prosecutors from the 13th Judicial Circuit State Attorney’s Office review petitions in certain cases. Prosecutors may confirm that the applicant meets eligibility requirements before the judge signs the final order. Fingerprint submissions for FDLE applications often occur at authorized law enforcement agencies in Hillsborough County. These agencies provide the fingerprint cards required for FDLE certification. Understanding local filing procedures ensures that expungement petitions move efficiently through Tampa courts. After filing the petition, applicants often ask how long the process will take. How Long Expungement Take in Tampa, Fl? The expungement timeline depends on the agency's processing times and the court's scheduling. The first stage involves FDLE review of the Certificate of Eligibility application. Processing time often ranges from several weeks to several months, depending on application volume. After FDLE issues the certificate, attorneys file the expungement petition with the county court. Court review typically takes several weeks before a judge issues the final order. Most expungement cases in Florida conclude within 5 - 7 months, although timelines vary depending on the accuracy of the documentation and the court's workload. Proper documentation and experienced legal representation help prevent delays during this process. For more information about expungement costs and fees, read on: How Much Does It Cost to Get Your Record Expunged in Florida? Consider a free consultation with a Tampa expungement lawyer to get a more accurate quote and discuss your individual needs. They can assess your situation, explain the costs involved, and create a personalized plan to help you clear your record. Florida Expungement Guidance From Attorney David Weisselberger Attorney David Weisselberger and the Erase The Case legal team focus on expungement and record sealing cases throughout Florida. Our services include reviewing criminal records, identifying eligibility pathways, and filing expungement petitions with Florida courts. With a 99.7% success rate, our dedicated team is committed to helping you move forward without the burden of a past arrest or charge. Exclusive Focus: We are Florida's only law firm solely dedicated to expungement and sealing, ensuring specialized expertise in this area of law. Transparent Pricing: Our services start at $995, covering all legal costs associated with the expungement process. Client-Centered Approach: Benefit from direct communication with your attorney and instant case updates through our 24/7 client portal. Proven Track Record: Led by David Weisselberger, a seasoned expungement lawyer and former Miami-Dade County Assistant Public Defender, our firm brings extensive experience to your case. This legal experience allows clients to navigate complex expungement procedures with greater accuracy and fewer delays. Ready to Clear Your Record in Tampa? Take our free 2-minute eligibility test to determine if you qualify for expungement or sealing in Florida. If eligible, our team will guide you through every step of the process, from obtaining your Certificate of Eligibility to filing the necessary petitions. Contact Us Today Don't let a past mistake define your future. Reach out to Erase The Case for a free consultation and take the first step toward reclaiming your life. Phone: 1 (866) 372-7335 Email: lawyer@erasethecase.com Online: Take the Eligibility Test FAQs What Crimes Can Be Expunged in Tampa? Certain non-violent offenses and misdemeanors can be expunged in Tampa. That also includes theft records and drug possession. However, major offenses such as violent crimes and sexual assaults cannot be expunged from a record. Can I expunge more than one criminal record in Florida? Florida law typically allows only one expungement per lifetime, although record-sealing options may exist for other cases. Do I need a lawyer to expunge my record in Tampa? Filing for expungement does not legally require a Tampa expungement attorney. But it’s best to expunge criminal records in Tampa with the help of an experienced attorney. A lawyer will make sure you undergo the process correctly; increasing the likelihood that it will go well. Can a dismissed charge be expunged? Yes. Florida law allows expungement when charges are dismissed or prosecutors decline to file a case. Can employers see expunged records? Expunged records disappear from public databases. Most employers cannot access them through standard background checks. Can I expunge a DUI in Florida? Florida law generally does not allow DUI convictions to be expunged. However, dismissed DUI charges may qualify for expungement. Bottom Line Expungement removes criminal arrest records from public access and protects future employment, housing, and licensing opportunities. Florida law allows expungement when a criminal case ends without a conviction, but the process requires coordination with FDLE and local courts. Individuals seeking to clear their criminal record in Tampa benefit from experienced legal guidance. Firms such as Erase The Case, led by attorney David Weisselberger, help applicants navigate Florida expungement law, prepare the necessary documentation, and file petitions with the Hillsborough County courts. Professional legal support ensures that expungement petitions meet all statutory requirements and move efficiently through the court system. 24Jan Florida Expungement Costs in 2026: Attorney Fees & Process Fees 23May Expungement vs. Sealing in Florida: Key Differences Explained 20Jan Certificate of Eligibility in Florida: How To Apply? 09Feb Should I Hire an Expungement Lawyer in Florida? #### FAQ Home FAQs 1. Getting Started What is your expungement process? How long does it take? 2. Definitions What is expungement? What is sealing? What is criminal history record? What is public record? What is disposition? What is Comparable Ordinance Violation? What is Court of Competent Jurisdiction? What is Court Hearing? What is Disseminate? What is Caselaw? 3. Arrest Records When will I have an Arrest Records? Will my record be Automatically Expunged or Sealed? How many times can you expunge? 4. Understanding Florida Law What is Florida Legislative Branch? What is Florida Judicial Branch? What is Florida Executive Branch? 5. Benefits What are Expungement Benefits? What are Sealing Benefits? Can I deny a criminal arrest in the past after expungement? 6. Payment What are your expungement packages? What do other law firms charge? What are your Payment Options? Can I pay more to Expedite the Process? Bottom Line 7. Client Representation What is Authority To Represent? Do I need to attend Court Hearings? Do you conduct careful Legal Research? What about Confidentiality & Privilage? Do you have 24/7 Client Portal Access? 8. Do I Qualify? How do I know if I qualify for expungement? How do I know if I qualify for sealing? 9. Arrest Records & Google Do my arrest records show up on Google Search? Why are my Arrest Records For Sale? Can employers and insurance companies see my arrest record? GETTING STARTEDWelcome to the Erase The Case FAQ page. Please select the topic from our list to learn more information. FOUR STEP PROCESSStep 1 – Fill out the Erase the Case expungement or sealing packetStep 2 – Application for certificate of eligibility to Florida Department of Law Enforcement (FDLE)Step 3 – File petition to expunge or seal with the courtStep 4 – Send notices that the criminal history record has been ordered expunged or sealed by the court LENGTH OF PROCESSThe process usually takes between 3-6 months because:Step 1 – Requires that:• We receive the fingerprint card and the necessary documents signed, notarized and completed.Step 2 – Requires that:• The FDLE process the application among thousands of other applications.• This is usually the number one source for why the expungement and sealing process takes months.• For example, as of January 2019, the FDLE was processing applications from April 2018, and as of February 2019, the FDLE was processing applications from June 2018.• The following link (FDLE’s website) provides the FDLE’s current application updates.Step 3 – Requires that:• The court in which the petition will be filed have availability in its docket to hold the hearing as soon as the petition is filed.• In some circuits, this could be within a week and in other busier circuits, it could be in a few weeks.Step 4 – Requires that :• The Clerk of Court send the notices to the various criminal justice agencies and that in turn, these agencies update their systems.Nevertheless, while the current length of the process is delayed by a few months, Erase the Case is currently leading the State of Florida in working with the various government agencies involved in the process, to allow for the electronic submission of the applications.We are hopeful that soon enough, we will be able to cut down the entire process by a couple of months! Making Erase the Case one of the fastest, if not the fastest, record expungement and sealing law firm in the entire State of Florida.In the mean time, one thing is for sure! Erase the Case uses top of the line technology to make the process as fast, efficient, convenient, and effective as possible! EXPUNGEMENTAn expungement is the physical destruction of a criminal history record from the government’s public-record systems through a judicial petition process, making the record confidential (i.e., inaccessible) to the public or various government entities absent a court order.Expungement means:The physical destruction of a criminal arrest record.The criminal arrest record is made confidential.The criminal arrest record is made non-public.(Other forms of use of the word expungement, include: Expunction, expunged, expungeable, expunging.) SEALINGA record sealing does not physically destroy the criminal history record but instead places a legal restriction on the government’s public-record systems through a judicial petition process, making the criminal history record confidential and hence inaccessible to the public or various government entities absent a court order.Sealing means:The criminal arrest record is made confidential.The criminal arrest record is made non-public.The criminal arrest record is unavailable absent a court order.Sealed records must be sealed for a minimum of ten (10) years before becoming eligible to be expunged.This almost exclusively applies to cases whose disposition involved a withhold of adjudication.(Other forms of use of the word sealing, include: Seal, sealed, sealable, sealing.) CRIMINAL HISTORY RECORDA criminal history record (also known as a “criminal arrest record,” “arrest record,” “criminal record” or “record”) is the electronic and written documentation of any incident a person has had with the criminal justice system, and they are divided into two forms: nonjudicial criminal history records and judicial criminal history records.1. A nonjudicial criminal history record is the set of documents (i.e., records) maintained by the various executive branch criminal justice agencies in the State of Florida containing criminal history information related to arrests.2. A judicial criminal history record is the set of documents (i.e., records) maintained by the judicial branch court administrators in the State of Florida containing criminal history information related to the court proceedings and dispositions stemming from an arrest or notice to appear.Criminal records are created when either:A person is arrested and fingerprinted;A notice to appear is issued;An indictment (also known as “true bill”) is issued;An information is filed; orThrough some other charging document, the person was required to appear in court to answer for an alleged criminal matter.Pursuant to Florida law, adult criminal history records are considered public records unless ordered expunged or sealed.Records include all documents, writings, computer memory, and any other form in which facts are memorialized.(Court orders involving expungements or sealings generally encompass both judicial and nonjudicial criminal history records.) PUBLIC RECORDA public record means all documents, papers, letter, photographs (including mug shots), or other material, regardless of physical form, made or received pursuant to law or ordinance or in connection with the transaction of official business by any government agency.All public records are subject to Florida Statutes, Chapter 119.The Public Records law is the reason why background check companies are able to purchase the public records and mug-shots of your arrest and offer it for sale via the internet! (that is, until you expunge or seal your record!)  DISPOSITIONA disposition means the details relating to the termination of an individual criminal defendant’s case with a criminal justice agency.The following is a list of the most relevant types of case dispositions:A. Acquittal by Court: judgment by a court finding the defendant not guilty (i.e., innocent).B. Acquittal by Jury: judgment by a jury finding the defendant not guilty (i.e., innocent).C. Adjudication of Guilt: Defendant was judged to have committed the crime and hence convicted.D. Adjudicated Delinquent: Juvenile was judged to have committed the crime and hence convicted.E. Conviction: Defendant is adjudicated guilty of having committed the crime as charged.F. Dismissed: termination of court jurisdiction over a defendant in relation to criminal charges.G. Dropped: criminal charges not pursued by prosecutor.H. No Actioned: criminal charges not pursued by prosecutor.I. Not Prosecuted (i.e., Nolle Prosequi): criminal charges formally abandoned by prosecutor.J. Pre-Trial Diversion (PTD): an alternative to the prosecution of a misdemeanor criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.K. Pre-Trial Intervention (PTI): an alternative to the prosecution of a felony criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.L. Withhold of Adjudication or Adjudication of Guilt Withheld: Court decision to suspend entry of an adjudication of guilt.    • This is a legal fiction created by the Florida Legislature which doesn’t exist in many other states!    • It is a legal fiction because it allows a court to find a defendant guilty of a crime but for disposition purposes, the court can suspend the entry of guilt into the record and instead enter the disposition of the case as an adjudication withheld.   • Criminal History Records whose disposition involves a Withhold of Adjudication must first be sealed for a minimum of ten (10) years before they become eligible for an expungement. COMPARABLE ORDINANCE VIOLATIONA comparable ordinance violation means a violation of a municipal ordinance (which can be a law, rule or regulation) that has all of the same essential elements of a statutory misdemeanor or felony criminal offense.In other words, the ordinance is a local law, rule or regulation that is enacted by a local governing body (i.e., municipality) whose legal consequence is essentially the same any other criminal law in the state.An example of a “comparable ordinance violation” would be as follows:• The City of Jacksonville Beach has an ordinance which prohibits the possession or consumption of alcoholic beverages in public;• A person in the City of Jacksonville Beach violates that ordinance by doing the prohibited act (i.e., consuming an alcoholic beverage in public);• Should a police officer observe such a violation, the officer may briefly detain a person for violating this ordinance and issue a Notice to Appear (which essentially means the person must not only appear in court but that they now also have a criminal history record created from that “comparable ordinance violation”). COURT OF COMPETENT JURISDICTIONA court of competent jurisdiction means any local, state or federal court with the legal authority to deal with the subject matter of the proceeding. COURT HEARINGA court hearing means a proceeding before a court of competent jurisdiction. DISSEMINATETo disseminate means to transmit information, whether orally or in writing. CASELAWCaselaw is the entire set of judicial decisions or court rulings involving issues of law which require interpretation and guidance from the courts. These decisions or caselaw, are also known as judicial precedent or common law. CREATING ARREST RECORDSYou have a criminal history record in the State of Florida if you have ever:1. Been arrested and fingerprinted.2. Been issued a notice to appear in court.3. Been issued an indictment (also known as “true bill”).4. Had an information filed against you.5. Been issued some other charging document, requiring you to appear in court to answer for an alleged criminal matter. AUTOMATIC EXPUNCTION & SEALINGAren’t criminal history records deleted automatically if the charges in my case were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or if I was found not guilty (i.e., acquitted)?No. Even when your case is thrown out of court through any of the above-mentioned favorable dispositions, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059.What if I successfully completed Pre-Trial Diversion (PTD) or Pre-Trial Intervention (PTI), isn’t my criminal history record automatically deleted upon successful completion?No. Even when you successfully complete all of the conditions imposed in your case through a pre-trial diversion program and where the case is ultimately nolle prosequi, dismissed or dropped, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059. ONE EXPUNGEMENT FOR LIFEAre all criminal history records (i.e., arrest records) capable of being expunged or sealed?No. The first condition which may disqualify a person from receiving an expungement or sealing is if they’ve ever been convicted (i.e., adjudicated guilty) of any criminal offense or comparable ordinance violation in the State of Florida.This is true even if there exist other cases whose disposition involved a dismissal, acquittal, abandonment, nolle prosequi, PTD, PTI, or no action.  • Remember: If convicted (i.e., adjudicated guilty) then cannot expunge or seal. •In addition to never having been convicted in Florida, there are certain criminal offenses (i.e., “Dangerous Crimes”) which may not be expunged or sealed even if the disposition involved a Withhold of Adjudication. (See below for list)       • In other words, unless the person’s criminal charges were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or the person was acquitted (i.e., found not guilty or innocent), by pleading no contest (i.e., nolo contendere) or pleading guilty to any statutorily enumerated (or related) offense, the statute prevents that record from being expunged or sealed. FLORIDA LEGISLATIVE BRANCHFor your convenience, below please find a list of the relevant Florida Statutes applicable to the expungement and sealing process.1. Court-ordered expunction of criminal history records:Florida Criminal History Record Expungement Statute – F.S. 943.05852. Court-ordered sealing of criminal history records:Florida Criminal History Record Sealing Statute – F.S. 943.0593. Administrative expunctions:Florida Administrative Expunction of Non-Judicial Record – F.S. 943.05814. Criminal history records; access, review, and challenge:Florida Correcting Records Statute – F.S. 943.0565. Retention of criminal history records of minors:Florida Juvenile Automatic Record Expungement Statute – F.S. 943.05156. Diversion program expunction:Florida Juvenile Diversion Program & Expungement Statute – F.S. 943.05827. Dissemination of criminal justice information; fees:Florida Dissemination of Criminal Justice Information Statute – F.S. 943.0538. Human trafficking victim expunction:Florida Human Trafficking Victim Expunction Statute – F.S. 943.0583 FLORIDA JUDICIAL BRANCHFlorida Rules of Criminal Procedure:According to the Florida Rules of Criminal Procedure, all petitions seeking relief pursuant to the Florida Criminal History Record Expungement Statute – F.S. 943.0585 or the Florida Criminal History Record Sealing Statute – F.S. 943.059, must be made in accordance with the following rules:• Rule 3.692 – Petition to Seal or Expunge. (See pages 215-217)• Rule 3.989 – Affidavit, Petition, and Order to Expunge or Seal Forms. (See pages 384-391) FLORIDA EXECUTIVE BRANCHFlorida Department of Law Enforcement (FDLE):For your convenience, here is a link to the official FDLE Website for the Expunge & Seal Section where you can find:• The most up-to-date updates on which months’ applications are being processed;• The FDLE’s FAQs section; and• Other relevant information:• Florida Administrative Code:Further below and for your convenience, you will find five (5) embedded documents which include the relevant Florida Administrative Codes that relate to the expungement and sealing process. EXPUNGEMENT BENEFITS√ Increase chances of obtaining employment by cleaning your record.√ Reduce the risk of being denied a housing or lease application by cleaning your record.√ Get more favorable loans by showing you have a clean criminal history record.√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.√ Expunction orders issued by the court require that the relevant offices of the state attorney’s office, the arresting law enforcement agency and the sheriff’s office physically destroy their actual files.√ The court’s order to expunge the criminal history record also requires the destruction of digitally stored information (Biometric information used to identify individuals such as DNA or fingerprints are however, excluded from this destruction).√ Expunging a criminal history record changes the legal status of the record from being designated as a public record subject to Florida Statutes, Chapter 119, and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.√ Nonpublic-records are afforded privacy law protections which restrict the internet’s background-check companies from being able to lawfully sell/publish the expunged criminal history records without facing the risk of facing a civil lawsuit for violating Florida’s privacy laws.√ Expunged records allow a person to lawfully deny the expunged arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).√ Once expunged, most of the government entities which would have access to a sealed record will be informed that the subject record has been expunged and would not receive access to the record absent a court order; the response to a record search from such an entity would be “Criminal History Record Expunged Pursuant to Florida Statutes 943.”√ Live worry free that your past may ruin your future! You will be legally criminal record free!!! SEALING BENEFITS√ Increase chances of obtaining employment by cleaning your record.√ Reduce the risk of being denied a housing or lease application by cleaning your record.√ Get more favorable loans/financing terms by showing you have a clean criminal history record.√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.√ Record-sealing orders issued by the court require that the relevant offices of the state attorney, the arresting law enforcement agency and the sheriff’s office make the record confidential and prohibit them from disseminating the records to anyone absent a court order.√ The court’s order to seal the criminal history record also requires the destruction of digitally stored information.√ Biometric information used to identify individuals such as DNA or fingerprints are, however, excluded from this destruction.√ Sealing a criminal history record changes the legal status of the record from being designated as a public record pursuant to Florida Statutes, Chapter 119 and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.√ Nonpublic-records are afforded privacy law protections which restrict internet background-check companies from being able to lawfully sell/publish the sealed criminal history records.√ Sealed criminal history records allow a person to lawfully deny the sealed arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).√ Live worry free that your past may ruin your future! You will be legally criminal record free!!! LAWFULLY DENYING ARRESTSAfter a criminal arrest record is expunged or sealed, the record becomes non-public and hence designated as confidential. Consequently, if you were to be applying for a job (not listed below), you would have the legal right to deny or fail to admit that you were ever arrested for the expunged/sealed record and it would be telling the truth.Alas, this benefit is not all encompassing. In other words, the Florida Legislature carved out a list of exceptions where a person must fully disclose that they’ve been previously arrest.Again, yes, this means that you must be truthful about your criminal past even after your case was expunged or sealed. However, the list of exceptions is quite limited.According to the expungement and sealing statutes – F. S. 943.0585(4)(a) and 943.059(4)(a) – a person must tell the truth about a previous arrest if he or she is:a. Applying for employment with a law enforcement agency;b. A defendant in a (new) criminal prosecution;c. A candidate for admission into The Florida Bar;d. Looking to enter into a contract with, or employed/licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice;e. Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local government entity that licenses child care facilities;f.Seeking to purchase a firearm from a licensed importer, licensed manufacturer or licensed dealer, and is subject to a criminal history check under state or federal law (this exception is only applicable to the sealing of criminal history records);g. Requesting authorization by a Florida seaport as listed in Section 311.09, Florida Statutes, for employment within, or for access, to one or more of the seaports listed pursuant to Section 311.12, Florida Statutes;h. Pursuing to be appointed as a legal guardian; ori. Seeking a concealed weapons carrying license. Erase The Case FeeWhat does Erase the Case charge for a criminal record expunction or record sealing?Flat Legal Fee:$750.00 for one criminal history record expungement/sealing.Government Cost of Process:It is important to note that the record expungement or sealing process will involve costs which everyone must pay, such as:•Court costs• FDLE costs•Mailing costs•Fingerprint card costs,•Notary costs.These costs add up to somewhere between $150.00 to $300.00, depending on the case.For more detailed information, see our Costs not included in fee page. Other Firms’ FeesWhat do other law firms charge?Most law firms and attorneys charge anywhere from $895.00, all the way up to $2,000.00! and usually that amount only covers their legal fees… (It’s only after those exorbitant fees that they then charge you for the government processing costs).Not to mention, they don’t make your life easy like we do. (See our Bottom line section for more details).So why then do they charge so much? Are they better lawyers?No, they are not better lawyers.In fact, the reason they charge so much is simple.Because these firms and attorneys specialize in other types of criminal cases, the majority of their income comes from other type of legal work.So for them, expungements and sealings are a side gig because if they don’t charge an huge amount of money to do expungements and sealings, they are better off just doing other types of legal work.In other words, they charge too much!Not us! Erase the Case gets it. Record expungements and sealings are not a luxury, but a necessity. Payment OptionsWhat payment options are available?The Law Firm accepts the following methods of payment:• Credit cards• Debit cards• Electronic checks• Money Orders• CashIf you are unable to pay the entire fee + costs all at once, Erase the Case offers payment plans of $99.00 per month.Because this process can take 5 to 8 months, we offer you the ability to enter into a interest free payment plans so that you can start the expungement or sealing of your criminal case right away with very little money down. Expedited ProcessCan I pay more money to expedite the process, so I can receive my record expunction or sealing faster?No. The reason the process currently takes so long is because three different government agencies have to perform their inpidual functions, they receive thousands of applications per year and they have yet to digitize the process.Another reason why it takes so long is because currently, these government agencies are still not accepting electronic submissions (which makes the process way faster).Furthermore, none of these agencies offer an expedited process for a premium price. Instead, they process the submissions on a first-come first-serve basis.If anyone tells you they can get your case expunged/sealed faster than the current waiting time for FDLE Applications, they are lying to you. Bottom LineErase The Case is a great value law firmWithout an attorney, the starting cost to expunge or seal a criminal history record in the State of Florida is between $150.00-$300.00. However, given the legal and bureaucratic hurdles, we strongly advise against this.On the other hand, with an attorney Erase The Case attorney, you pay as low as $695.00 for the attorney legal fee.That is, for only $695.00 more you will get professional legal counsel to attentively, aggressively and diligently handle all aspects of your criminal history record expungement or sealing matter. Authority To RepresentIncluded in the Erase the Case expungement or sealing sign-up packet, you will receive a document that includes an “Authority to Represent” provision.This document will allow us to legally represent you in court even in your absence, so you won’t have to waste your time.After all, you didn’t hire us just to have your record expunged or sealed but to have the work done for you!Our goal is not only to successfully expunge or seal your criminal history record as fast as possible, but to do all of the work for you.All you have to do is sign and notarize the Application and the Affidavits, and then sit back and relax.Erase the Case wants you to have peace of mind from the very beginning! Court HearingsNo, you don’t. Erase the Case’s one-time flat fee for record expungement or sealing services includes the attorney’s attendance at the petition/motion hearing to expunge or seal your criminal history record in court.We want to make your life as easy as possible and save you time and energy so you can do other things for you! Legal ResearchWe are highly qualified, professional licensed attorneys in the State of Florida with focused knowledge and experience on Florida law.Even if you took our DO I QUALIFY? test and qualified, once you contract our Services, we will double-check just to make sure that you are not wasting your time or money.We will conduct the necessary legal research to make sure there is no record floating around the State of Florida which may disqualify you from obtaining a criminal history record expungement or sealing. If for some reason, you thought you qualified but end up not qualifying, we will return your money back* minus applicable legal costs, expenses and fees.*The full details, applicable conditions and limitations of our Money Back Guarantee are available upon request prior to contracting our services, in addition to being clearly outlined in our Representation Agreement. Confidentiality & PrivilegeThe attorney-client confidentiality oath is the most sacred promise an attorney can make towards their clients. We live and breathe by this strict standard. • We are here for you! • To fight for you! • To do good by you! • To work for you! • To bring you peace of mind! • We are 100% committed to you. 24/7 Client Portal AccessErase the Case uses top of the line, cutting edge software to provide you with the best service we possibly can. Once you contract our services, we will provide you with a link to our client portal that will allow you to: • Stay informed with live updates. • Visually see the progression of your case from beginning to end. • Write us should you have any questions or concerns about your case. • And best of all, it is easy to use, safe, secure, and always at your fingertips. Expungement RequirementsHow do I know if I qualify for a criminal record expungement?Generally speaking, for your case to qualify for a criminal history record expunction, you must meet the following conditions below:You received any of the following case dispositions: • Acquitted • Dismissed • Dropped • No Actioned • Nolle Prosequi (i.e., Not Prosecuted) • Successful completion of Pre-Trial Diversion (PTD) • Successful completion of Pre-Trial Intervention (PTI)If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.There are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.Please note that each and every case is unique. If you have specific questions about your case, Call Erase the Case today for a free professional consultation.You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing. Sealing RequirementsHow do I know if I qualify for a criminal record sealing?Generally speaking, for your case to qualify for a criminal history record sealing, you must meet the following conditions below:You received any of the following case dispositions: • Acquitted • Dismissed • Dropped •No Actioned •Nolle Prosequi (i.e., Not Prosecuted) •Successful completion of Pre-Trial Diversion (PTD) •Successful completion of Pre-Trial Intervention (PTI)If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.It is important to note that there are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.Because each and every case is unique, if you have specific questions about your case, Call Erase the Case today for a free professional consultation.You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing. Google SearchWithin hours (or even minutes!) of being arrested, fingerprinted and having your mugshot being taken in jail, your public criminal history record is available for the entire world to see.With a simple Google search, the public will see: • That you were arrested. • Your mugshot • (Mugshots: Live feed from the entire State of Florida.) • When you were arrested. • Why you were arrested. • For what you were arrested.They will have access to your entire court docket showing every single entry about your case.Not only are these embarrassing details about your life public but they could cost you your job, a pay raise, a scholarship, a housing application, and more. Arrest Records For SaleBecause an arrest record (i.e., criminal history record) is a public record subject to Florida Statutes, Chapter 119, background search companies are legally allowed to sell your arrest record to anyone willing to pay. And make no mistake about it, people pay!Within hours of having been arrested, these companies like beenverified.com (there are over 600 on the internet) will immediately add your record to their database.What’s the big deal you might ask? (See Employers, insurance, loans & more to find out) Employers, Insurance, & MoreEmployers:If you ever apply for a job or have ever applied for one, it is more likely than not that your potential employer will or has run a criminal background search on you to see if you’ve ever been arrested.Many people lose their jobs because of this or aren’t even called for an interview!The worst your criminal history record, the less chances you have of having a good paying job!Criminal arrest records usually result in less money in your pocket!Insurance companies:Insurance companies are very powerful business for good reason, they are in the business of measuring and taking on very little risk.If you’ve ever been arrested, odds are insurance companies will not only find out but they will either charge you a higher rate (because arrested inpiduals appear to be more risky than people which have never been arrested).You may not qualify to receive insurance from certain companies.Your policy could be cancelled!Your insurance rate could increase!Schools and universities:Schools and Universities can do find out about your arrest.You could be suspended or even expelled from programs in some cases.Scholarship grantors can find out about your arrest, which means you could lose the scholarship money you won or are applying for!Landlords and condominium associations:If you’ve ever applied for or are looking to apply for an apartment or house rental agreement, you can be sure landlords will perform a criminal background check.Landlords are usually scared to rent to inpiduals with criminal records.If you are already living somewhere, an arrest records could be in breach of your lease agreement and which could result in your eviction!Condominium associations may reject your application to live in the condominium because of your arrest record.Public housing:Public housing involves government subsidies for living arrangements and an arrest record may inhibit your ability to live at a public housing project.Business entities:You could lose a contract or be in breach of your agreement due to your criminal arrest record!Engaging in business is about trust and reassuring appearances, don’t let your criminal arrest record make you seem untrustworthy. GETTING STARTEDWelcome to the Erase The Case FAQ page. Please select the topic from our list to learn more information.FOUR STEP PROCESSStep 1 – Fill out the Erase the Case expungement or sealing packetStep 2 – Application for certificate of eligibility to Florida Department of Law Enforcement (FDLE)Step 3 – File petition to expunge or seal with the courtStep 4 – Send notices that the criminal history record has been ordered expunged or sealed by the courtLENGTH OF PROCESSThe process usually takes between 3-6 months because:Step 1 – Requires that:• We receive the fingerprint card and the necessary documents signed, notarized and completed.Step 2 – Requires that:• The FDLE process the application among thousands of other applications.• This is usually the number one source for why the expungement and sealing process takes months.• For example, as of January 2019, the FDLE was processing applications from April 2018, and as of February 2019, the FDLE was processing applications from June 2018.• The following link (FDLE’s website) provides the FDLE’s current application updates.Step 3 – Requires that:• The court in which the petition will be filed have availability in its docket to hold the hearing as soon as the petition is filed.• In some circuits, this could be within a week and in other busier circuits, it could be in a few weeks.Step 4 – Requires that :• The Clerk of Court send the notices to the various criminal justice agencies and that in turn, these agencies update their systems.Nevertheless, while the current length of the process is delayed by a few months, Erase the Case is currently leading the State of Florida in working with the various government agencies involved in the process, to allow for the electronic submission of the applications.We are hopeful that soon enough, we will be able to cut down the entire process by a couple of months! Making Erase the Case one of the fastest, if not the fastest, record expungement and sealing law firm in the entire State of Florida.In the mean time, one thing is for sure! Erase the Case uses top of the line technology to make the process as fast, efficient, convenient, and effective as possible!EXPUNGEMENTAn expungement is the physical destruction of a criminal history record from the government’s public-record systems through a judicial petition process, making the record confidential (i.e., inaccessible) to the public or various government entities absent a court order.Expungement means:The physical destruction of a criminal arrest record.The criminal arrest record is made confidential.The criminal arrest record is made non-public.(Other forms of use of the word expungement, include: Expunction, expunged, expungeable, expunging.)SEALINGA record sealing does not physically destroy the criminal history record but instead places a legal restriction on the government’s public-record systems through a judicial petition process, making the criminal history record confidential and hence inaccessible to the public or various government entities absent a court order.Sealing means:The criminal arrest record is made confidential.The criminal arrest record is made non-public.The criminal arrest record is unavailable absent a court order.Sealed records must be sealed for a minimum of ten (10) years before becoming eligible to be expunged.This almost exclusively applies to cases whose disposition involved a withhold of adjudication.(Other forms of use of the word sealing, include: Seal, sealed, sealable, sealing.)CRIMINAL HISTORY RECORDA criminal history record (also known as a “criminal arrest record,” “arrest record,” “criminal record” or “record”) is the electronic and written documentation of any incident a person has had with the criminal justice system, and they are divided into two forms: nonjudicial criminal history records and judicial criminal history records.1. A nonjudicial criminal history record is the set of documents (i.e., records) maintained by the various executive branch criminal justice agencies in the State of Florida containing criminal history information related to arrests.2. A judicial criminal history record is the set of documents (i.e., records) maintained by the judicial branch court administrators in the State of Florida containing criminal history information related to the court proceedings and dispositions stemming from an arrest or notice to appear.Criminal records are created when either:A person is arrested and fingerprinted;A notice to appear is issued;An indictment (also known as “true bill”) is issued;An information is filed; orThrough some other charging document, the person was required to appear in court to answer for an alleged criminal matter.Pursuant to Florida law, adult criminal history records are considered public records unless ordered expunged or sealed.Records include all documents, writings, computer memory, and any other form in which facts are memorialized.(Court orders involving expungements or sealings generally encompass both judicial and nonjudicial criminal history records.)PUBLIC RECORDA public record means all documents, papers, letter, photographs (including mug shots), or other material, regardless of physical form, made or received pursuant to law or ordinance or in connection with the transaction of official business by any government agency.All public records are subject to Florida Statutes, Chapter 119.The Public Records law is the reason why background check companies are able to purchase the public records and mug-shots of your arrest and offer it for sale via the internet! (that is, until you expunge or seal your record!) DISPOSITIONA disposition means the details relating to the termination of an individual criminal defendant’s case with a criminal justice agency.The following is a list of the most relevant types of case dispositions:A. Acquittal by Court: judgment by a court finding the defendant not guilty (i.e., innocent).B. Acquittal by Jury: judgment by a jury finding the defendant not guilty (i.e., innocent).C. Adjudication of Guilt: Defendant was judged to have committed the crime and hence convicted.D. Adjudicated Delinquent: Juvenile was judged to have committed the crime and hence convicted.E. Conviction: Defendant is adjudicated guilty of having committed the crime as charged.F. Dismissed: termination of court jurisdiction over a defendant in relation to criminal charges.G. Dropped: criminal charges not pursued by prosecutor.H. No Actioned: criminal charges not pursued by prosecutor.I. Not Prosecuted (i.e., Nolle Prosequi): criminal charges formally abandoned by prosecutor.J. Pre-Trial Diversion (PTD): an alternative to the prosecution of a misdemeanor criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.K. Pre-Trial Intervention (PTI): an alternative to the prosecution of a felony criminal charge by the prosecutor whereby the Defendant accepts a plea deal to enter into a diversionary program of supervision, the successful completion of which results in the equivalent of a dismissal.L. Withhold of Adjudication or Adjudication of Guilt Withheld: Court decision to suspend entry of an adjudication of guilt.    • This is a legal fiction created by the Florida Legislature which doesn’t exist in many other states!    • It is a legal fiction because it allows a court to find a defendant guilty of a crime but for disposition purposes, the court can suspend the entry of guilt into the record and instead enter the disposition of the case as an adjudication withheld.   • Criminal History Records whose disposition involves a Withhold of Adjudication must first be sealed for a minimum of ten (10) years before they become eligible for an expungement.COMPARABLE ORDINANCE VIOLATIONA comparable ordinance violation means a violation of a municipal ordinance (which can be a law, rule or regulation) that has all of the same essential elements of a statutory misdemeanor or felony criminal offense.In other words, the ordinance is a local law, rule or regulation that is enacted by a local governing body (i.e., municipality) whose legal consequence is essentially the same any other criminal law in the state.An example of a “comparable ordinance violation” would be as follows:• The City of Jacksonville Beach has an ordinance which prohibits the possession or consumption of alcoholic beverages in public;• A person in the City of Jacksonville Beach violates that ordinance by doing the prohibited act (i.e., consuming an alcoholic beverage in public);• Should a police officer observe such a violation, the officer may briefly detain a person for violating this ordinance and issue a Notice to Appear (which essentially means the person must not only appear in court but that they now also have a criminal history record created from that “comparable ordinance violation”).COURT OF COMPETENT JURISDICTIONA court of competent jurisdiction means any local, state or federal court with the legal authority to deal with the subject matter of the proceeding.COURT HEARINGA court hearing means a proceeding before a court of competent jurisdiction.DISSEMINATETo disseminate means to transmit information, whether orally or in writing.CASELAWCaselaw is the entire set of judicial decisions or court rulings involving issues of law which require interpretation and guidance from the courts. These decisions or caselaw, are also known as judicial precedent or common law.CREATING ARREST RECORDSYou have a criminal history record in the State of Florida if you have ever:1. Been arrested and fingerprinted.2. Been issued a notice to appear in court.3. Been issued an indictment (also known as “true bill”).4. Had an information filed against you.5. Been issued some other charging document, requiring you to appear in court to answer for an alleged criminal matter.AUTOMATIC EXPUNCTION & SEALINGAren’t criminal history records deleted automatically if the charges in my case were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or if I was found not guilty (i.e., acquitted)?No. Even when your case is thrown out of court through any of the above-mentioned favorable dispositions, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059.What if I successfully completed Pre-Trial Diversion (PTD) or Pre-Trial Intervention (PTI), isn’t my criminal history record automatically deleted upon successful completion?No. Even when you successfully complete all of the conditions imposed in your case through a pre-trial diversion program and where the case is ultimately nolle prosequi, dismissed or dropped, the only way for your criminal history record to be either expunged or sealed from the public records’ database in the State of Florida, is through the statutory process according to Florida Record Expungement Statute – F.S. 943.0585 and Florida Record Sealing Statute – F.S. 943.059.ONE EXPUNGEMENT FOR LIFEAre all criminal history records (i.e., arrest records) capable of being expunged or sealed?No. The first condition which may disqualify a person from receiving an expungement or sealing is if they’ve ever been convicted (i.e., adjudicated guilty) of any criminal offense or comparable ordinance violation in the State of Florida.This is true even if there exist other cases whose disposition involved a dismissal, acquittal, abandonment, nolle prosequi, PTD, PTI, or no action.  • Remember: If convicted (i.e., adjudicated guilty) then cannot expunge or seal. •In addition to never having been convicted in Florida, there are certain criminal offenses (i.e., “Dangerous Crimes”) which may not be expunged or sealed even if the disposition involved a Withhold of Adjudication. (See below for list)       • In other words, unless the person’s criminal charges were dismissed, dropped, abandoned, no actioned, not prosecuted (i.e., nolle prosequi), or the person was acquitted (i.e., found not guilty or innocent), by pleading no contest (i.e., nolo contendere) or pleading guilty to any statutorily enumerated (or related) offense, the statute prevents that record from being expunged or sealed.FLORIDA LEGISLATIVE BRANCHFor your convenience, below please find a list of the relevant Florida Statutes applicable to the expungement and sealing process.1. Court-ordered expunction of criminal history records:Florida Criminal History Record Expungement Statute – F.S. 943.05852. Court-ordered sealing of criminal history records:Florida Criminal History Record Sealing Statute – F.S. 943.0593. Administrative expunctions:Florida Administrative Expunction of Non-Judicial Record – F.S. 943.05814. Criminal history records; access, review, and challenge:Florida Correcting Records Statute – F.S. 943.0565. Retention of criminal history records of minors:Florida Juvenile Automatic Record Expungement Statute – F.S. 943.05156. Diversion program expunction:Florida Juvenile Diversion Program & Expungement Statute – F.S. 943.05827. Dissemination of criminal justice information; fees:Florida Dissemination of Criminal Justice Information Statute – F.S. 943.0538. Human trafficking victim expunction:Florida Human Trafficking Victim Expunction Statute – F.S. 943.0583FLORIDA JUDICIAL BRANCHFlorida Rules of Criminal Procedure:According to the Florida Rules of Criminal Procedure, all petitions seeking relief pursuant to the Florida Criminal History Record Expungement Statute – F.S. 943.0585 or the Florida Criminal History Record Sealing Statute – F.S. 943.059, must be made in accordance with the following rules:• Rule 3.692 – Petition to Seal or Expunge. (See pages 215-217)• Rule 3.989 – Affidavit, Petition, and Order to Expunge or Seal Forms. (See pages 384-391)FLORIDA EXECUTIVE BRANCHFlorida Department of Law Enforcement (FDLE):For your convenience, here is a link to the official FDLE Website for the Expunge & Seal Section where you can find:• The most up-to-date updates on which months’ applications are being processed;• The FDLE’s FAQs section; and• Other relevant information:• Florida Administrative Code:Further below and for your convenience, you will find five (5) embedded documents which include the relevant Florida Administrative Codes that relate to the expungement and sealing process.EXPUNGEMENT BENEFITS√ Increase chances of obtaining employment by cleaning your record.√ Reduce the risk of being denied a housing or lease application by cleaning your record.√ Get more favorable loans by showing you have a clean criminal history record.√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.√ Expunction orders issued by the court require that the relevant offices of the state attorney’s office, the arresting law enforcement agency and the sheriff’s office physically destroy their actual files.√ The court’s order to expunge the criminal history record also requires the destruction of digitally stored information (Biometric information used to identify individuals such as DNA or fingerprints are however, excluded from this destruction).√ Expunging a criminal history record changes the legal status of the record from being designated as a public record subject to Florida Statutes, Chapter 119, and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.√ Nonpublic-records are afforded privacy law protections which restrict the internet’s background-check companies from being able to lawfully sell/publish the expunged criminal history records without facing the risk of facing a civil lawsuit for violating Florida’s privacy laws.√ Expunged records allow a person to lawfully deny the expunged arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).√ Once expunged, most of the government entities which would have access to a sealed record will be informed that the subject record has been expunged and would not receive access to the record absent a court order; the response to a record search from such an entity would be “Criminal History Record Expunged Pursuant to Florida Statutes 943.”√ Live worry free that your past may ruin your future! You will be legally criminal record free!!!SEALING BENEFITS√ Increase chances of obtaining employment by cleaning your record.√ Reduce the risk of being denied a housing or lease application by cleaning your record.√ Get more favorable loans/financing terms by showing you have a clean criminal history record.√ Reduce risk of losing out on scholarship awards and applications by having a clean criminal history record.√ Be confident that no internet search or background check company will damage your reputation by having a clean criminal history record.√ Record-sealing orders issued by the court require that the relevant offices of the state attorney, the arresting law enforcement agency and the sheriff’s office make the record confidential and prohibit them from disseminating the records to anyone absent a court order.√ The court’s order to seal the criminal history record also requires the destruction of digitally stored information.√ Biometric information used to identify individuals such as DNA or fingerprints are, however, excluded from this destruction.√ Sealing a criminal history record changes the legal status of the record from being designated as a public record pursuant to Florida Statutes, Chapter 119 and accessible to both the various government agencies and the general public, to being designated as a nonpublic record and hence inaccessible by the government or the general public absent a court order.√ Nonpublic-records are afforded privacy law protections which restrict internet background-check companies from being able to lawfully sell/publish the sealed criminal history records.√ Sealed criminal history records allow a person to lawfully deny the sealed arrest ever occurred, with certain exceptions. (See our Lawfully denying arrests page for more details).√ Live worry free that your past may ruin your future! You will be legally criminal record free!!!LAWFULLY DENYING ARRESTSAfter a criminal arrest record is expunged or sealed, the record becomes non-public and hence designated as confidential. Consequently, if you were to be applying for a job (not listed below), you would have the legal right to deny or fail to admit that you were ever arrested for the expunged/sealed record and it would be telling the truth.Alas, this benefit is not all encompassing. In other words, the Florida Legislature carved out a list of exceptions where a person must fully disclose that they’ve been previously arrest.Again, yes, this means that you must be truthful about your criminal past even after your case was expunged or sealed. However, the list of exceptions is quite limited.According to the expungement and sealing statutes – F. S. 943.0585(4)(a) and 943.059(4)(a) – a person must tell the truth about a previous arrest if he or she is:a. Applying for employment with a law enforcement agency;b. A defendant in a (new) criminal prosecution;c. A candidate for admission into The Florida Bar;d. Looking to enter into a contract with, or employed/licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice;e. Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local government entity that licenses child care facilities;f.Seeking to purchase a firearm from a licensed importer, licensed manufacturer or licensed dealer, and is subject to a criminal history check under state or federal law (this exception is only applicable to the sealing of criminal history records);g. Requesting authorization by a Florida seaport as listed in Section 311.09, Florida Statutes, for employment within, or for access, to one or more of the seaports listed pursuant to Section 311.12, Florida Statutes;h. Pursuing to be appointed as a legal guardian; ori. Seeking a concealed weapons carrying license.Erase The Case FeeWhat does Erase the Case charge for a criminal record expunction or record sealing?Flat Legal Fee:$750.00 for one criminal history record expungement/sealing.Government Cost of Process:It is important to note that the record expungement or sealing process will involve costs which everyone must pay, such as:•Court costs• FDLE costs•Mailing costs•Fingerprint card costs,•Notary costs.These costs add up to somewhere between $150.00 to $300.00, depending on the case.For more detailed information, see our Costs not included in fee page.Other Firms' FeesWhat do other law firms charge?Most law firms and attorneys charge anywhere from $895.00, all the way up to $2,000.00! and usually that amount only covers their legal fees… (It’s only after those exorbitant fees that they then charge you for the government processing costs).Not to mention, they don’t make your life easy like we do. (See our Bottom line section for more details).So why then do they charge so much? Are they better lawyers?No, they are not better lawyers.In fact, the reason they charge so much is simple.Because these firms and attorneys specialize in other types of criminal cases, the majority of their income comes from other type of legal work.So for them, expungements and sealings are a side gig because if they don’t charge an huge amount of money to do expungements and sealings, they are better off just doing other types of legal work.In other words, they charge too much!Not us! Erase the Case gets it. Record expungements and sealings are not a luxury, but a necessity.Payment OptionsWhat payment options are available?The Law Firm accepts the following methods of payment:• Credit cards• Debit cards• Electronic checks• Money Orders• CashIf you are unable to pay the entire fee + costs all at once, Erase the Case offers payment plans of $99.00 per month.Because this process can take 5 to 8 months, we offer you the ability to enter into a interest free payment plans so that you can start the expungement or sealing of your criminal case right away with very little money down.Expedited ProcessCan I pay more money to expedite the process, so I can receive my record expunction or sealing faster?No. The reason the process currently takes so long is because three different government agencies have to perform their inpidual functions, they receive thousands of applications per year and they have yet to digitize the process.Another reason why it takes so long is because currently, these government agencies are still not accepting electronic submissions (which makes the process way faster).Furthermore, none of these agencies offer an expedited process for a premium price. Instead, they process the submissions on a first-come first-serve basis.If anyone tells you they can get your case expunged/sealed faster than the current waiting time for FDLE Applications, they are lying to you.Bottom LineErase The Case is a great value law firmWithout an attorney, the starting cost to expunge or seal a criminal history record in the State of Florida is between $150.00-$300.00. However, given the legal and bureaucratic hurdles, we strongly advise against this.On the other hand, with an attorney Erase The Case attorney, you pay as low as $695.00 for the attorney legal fee.That is, for only $695.00 more you will get professional legal counsel to attentively, aggressively and diligently handle all aspects of your criminal history record expungement or sealing matter.Authority To RepresentIncluded in the Erase the Case expungement or sealing sign-up packet, you will receive a document that includes an “Authority to Represent” provision.This document will allow us to legally represent you in court even in your absence, so you won’t have to waste your time.After all, you didn’t hire us just to have your record expunged or sealed but to have the work done for you!Our goal is not only to successfully expunge or seal your criminal history record as fast as possible, but to do all of the work for you.All you have to do is sign and notarize the Application and the Affidavits, and then sit back and relax.Erase the Case wants you to have peace of mind from the very beginning!Court HearingsNo, you don't. Erase the Case’s one-time flat fee for record expungement or sealing services includes the attorney’s attendance at the petition/motion hearing to expunge or seal your criminal history record in court.We want to make your life as easy as possible and save you time and energy so you can do other things for you!Legal ResearchWe are highly qualified, professional licensed attorneys in the State of Florida with focused knowledge and experience on Florida law.Even if you took our DO I QUALIFY? test and qualified, once you contract our Services, we will double-check just to make sure that you are not wasting your time or money.We will conduct the necessary legal research to make sure there is no record floating around the State of Florida which may disqualify you from obtaining a criminal history record expungement or sealing. If for some reason, you thought you qualified but end up not qualifying, we will return your money back* minus applicable legal costs, expenses and fees.*The full details, applicable conditions and limitations of our Money Back Guarantee are available upon request prior to contracting our services, in addition to being clearly outlined in our Representation Agreement.Confidentiality & PrivilegeThe attorney-client confidentiality oath is the most sacred promise an attorney can make towards their clients. We live and breathe by this strict standard. • We are here for you! • To fight for you! • To do good by you! • To work for you! • To bring you peace of mind! • We are 100% committed to you.24/7 Client Portal AccessErase the Case uses top of the line, cutting edge software to provide you with the best service we possibly can. Once you contract our services, we will provide you with a link to our client portal that will allow you to: • Stay informed with live updates. • Visually see the progression of your case from beginning to end. • Write us should you have any questions or concerns about your case. • And best of all, it is easy to use, safe, secure, and always at your fingertips.Expungement RequirementsHow do I know if I qualify for a criminal record expungement?Generally speaking, for your case to qualify for a criminal history record expunction, you must meet the following conditions below:You received any of the following case dispositions: • Acquitted • Dismissed • Dropped • No Actioned • Nolle Prosequi (i.e., Not Prosecuted) • Successful completion of Pre-Trial Diversion (PTD) • Successful completion of Pre-Trial Intervention (PTI)If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were an adult at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication instead, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication instead, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record expunctions. (See below for ‘Dangerous Offenses’ List).You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.There are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.Please note that each and every case is unique. If you have specific questions about your case, Call Erase the Case today for a free professional consultation.You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing.Sealing RequirementsHow do I know if I qualify for a criminal record sealing?Generally speaking, for your case to qualify for a criminal history record sealing, you must meet the following conditions below:You received any of the following case dispositions: • Acquitted • Dismissed • Dropped •No Actioned •Nolle Prosequi (i.e., Not Prosecuted) •Successful completion of Pre-Trial Diversion (PTD) •Successful completion of Pre-Trial Intervention (PTI)If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest (i.e., nolo contendere) cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were an adult at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile (i.e., minor) at the time of the charged offense and you received a Withhold of Adjudication, your plea of guilty or no contest cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile at the time of the charged offense and you received a Withhold of Adjudication, you cannot have pled guilty or no contest to a criminal charge that involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were an adult and were found guilty after trial, the court must have Withheld the Adjudication of Guilt and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).If you were a juvenile and were found to have committed the offense as a delinquent act (i.e., “guilty”) after trial, the court must have Withheld Adjudication and the criminal charge of your case cannot have involved one of the ‘Dangerous Offenses’  listed under the Florida Statute for criminal history record sealings. (See below for ‘Dangerous Offenses’ List).You must have never ever been Convicted* (i.e., Adjudicated Guilty) as an adult, or Adjudicated Delinquent as a juvenile, of a criminal offense in the State of Florida or in any other state in the United States of America.You must have never previously expunged or sealed another arrest record under Florida law, nor currently have another petition to expunge or seal a criminal history record pending before any court in the State of Florida.It is important to note that there are exceptions to the previous expungement or sealing rule. (See Question #1 under Other Important Questions for more details).*A Conviction is always an Adjudication of Guilt but pleading guilty or no contest does not necessarily result in a conviction. Only convictions prevent a person from qualifying for a record expungement or sealing.Because each and every case is unique, if you have specific questions about your case, Call Erase the Case today for a free professional consultation.You can also take our fast DO I QUALIFY? to see if you qualify for an expungement or record sealing.Google SearchWithin hours (or even minutes!) of being arrested, fingerprinted and having your mugshot being taken in jail, your public criminal history record is available for the entire world to see.With a simple Google search, the public will see: • That you were arrested. • Your mugshot • (Mugshots: Live feed from the entire State of Florida.) • When you were arrested. • Why you were arrested. • For what you were arrested.They will have access to your entire court docket showing every single entry about your case.Not only are these embarrassing details about your life public but they could cost you your job, a pay raise, a scholarship, a housing application, and more.Arrest Records For SaleBecause an arrest record (i.e., criminal history record) is a public record subject to Florida Statutes, Chapter 119, background search companies are legally allowed to sell your arrest record to anyone willing to pay. And make no mistake about it, people pay!Within hours of having been arrested, these companies like beenverified.com (there are over 600 on the internet) will immediately add your record to their database.What’s the big deal you might ask? (See Employers, insurance, loans & more to find out)Employers, Insurance, & MoreEmployers:If you ever apply for a job or have ever applied for one, it is more likely than not that your potential employer will or has run a criminal background search on you to see if you’ve ever been arrested.Many people lose their jobs because of this or aren’t even called for an interview!The worst your criminal history record, the less chances you have of having a good paying job!Criminal arrest records usually result in less money in your pocket!Insurance companies:Insurance companies are very powerful business for good reason, they are in the business of measuring and taking on very little risk.If you’ve ever been arrested, odds are insurance companies will not only find out but they will either charge you a higher rate (because arrested inpiduals appear to be more risky than people which have never been arrested).You may not qualify to receive insurance from certain companies.Your policy could be cancelled!Your insurance rate could increase!Schools and universities:Schools and Universities can do find out about your arrest.You could be suspended or even expelled from programs in some cases.Scholarship grantors can find out about your arrest, which means you could lose the scholarship money you won or are applying for!Landlords and condominium associations:If you’ve ever applied for or are looking to apply for an apartment or house rental agreement, you can be sure landlords will perform a criminal background check.Landlords are usually scared to rent to inpiduals with criminal records.If you are already living somewhere, an arrest records could be in breach of your lease agreement and which could result in your eviction!Condominium associations may reject your application to live in the condominium because of your arrest record.Public housing:Public housing involves government subsidies for living arrangements and an arrest record may inhibit your ability to live at a public housing project.Business entities:You could lose a contract or be in breach of your agreement due to your criminal arrest record!Engaging in business is about trust and reassuring appearances, don’t let your criminal arrest record make you seem untrustworthy. #### Felony Battery in Florida (Definition, Penalties & Defense) Felony battery in Florida, under Florida Statute 784.041, encompasses intentional touching or striking resulting in great bodily harm. Differentiating from misdemeanor and aggravated battery, felony battery carries substantial consequences. This article delves into its definition, penalties, potential defenses, and the prospect of expungement, offering insights for those navigating the complexities of felony battery charges. /*! elementor - v3.15.0 - 20-08-2023 */ .elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading-title[class*=elementor-size-]>a{color:inherit;font-size:inherit;line-height:inherit}.elementor-widget-heading .elementor-heading-title.elementor-size-small{font-size:15px}.elementor-widget-heading .elementor-heading-title.elementor-size-medium{font-size:19px}.elementor-widget-heading .elementor-heading-title.elementor-size-large{font-size:29px}.elementor-widget-heading .elementor-heading-title.elementor-size-xl{font-size:39px}.elementor-widget-heading .elementor-heading-title.elementor-size-xxl{font-size:59px}What Is Felony Battery in Florida? /*! elementor - v3.15.0 - 20-08-2023 */ .elementor-widget-image{text-align:center}.elementor-widget-image a{display:inline-block}.elementor-widget-image a img[src$=".svg"]{width:48px}.elementor-widget-image img{vertical-align:middle;display:inline-block} In Florida, felony battery, under Florida Statute 784.041, pertains to intentional touching or striking that results in great bodily harm. It stands apart from misdemeanor battery (simple battery) by its severity and differs from aggravated battery, as it does not require specific aggravating factors.Misdemeanor battery involves simple, intentional physical contact. Aggravated battery, on the other hand, encompasses intentional harm with aggravating factors, such as the use of a weapon. Felony battery falls between these, involving significant harm but without the specific aggravations required for aggravated battery. What Are the Elements of Felony Battery in Florida? To establish the offense of felony battery in Florida under Florida Statute 784.041, certain elements must be present. The key elements include:Intentional Touching or Striking: The accused must have intentionally touched or struck another person, demonstrating a deliberate physical act.Great Bodily Harm: The touching or striking must result in great bodily harm to the victim. "Great bodily harm" refers to injuries that are more significant than minor or moderate, indicating substantial and severe harm.Criminal Intent: The accused must have acted with criminal intent, meaning they intentionally engaged in the touching or striking, knowing that it could result in great bodily harm.No Aggravating Factors Required: Unlike aggravated battery, felony battery does not require specific aggravating factors (such as weapon use) to elevate the offense to a felony level. What Are the Penalties for Florida Felony Battery? The penalties for felony battery in Florida, designated as a third degree felony under Florida Statute 784.041, are substantial and reflect the severity of the offense. If convicted, a maximum of 5 years in prison may be served, imposing a more prolonged and stringent term than misdemeanor battery. The classification as a felony signals the gravity of the harm caused, and the potential 5-year prison sentence underscores the legal consequences individuals may face for engaging in intentional touching or striking that leads to great bodily harm. This highlights the importance of understanding the distinctions between felony and misdemeanor offenses and seeking appropriate legal counsel when facing such charges. What Are the Defenses to Felony Battery in Florida? Defending against felony battery charges in Florida involves various legal strategies to challenge the prosecution's case. Some potential defenses include:Self-Defense: Asserting self-defense involves demonstrating that the accused reasonably believed force was necessary to protect themselves from harm.Lack of Intent: If the accused can show that there was no intention to cause great bodily harm, it could serve as a defense.Mistaken Identity: A defense strategy may involve challenging the accuracy of witness identifications or providing evidence that the accused was not present at the scene.Consent: In some cases, demonstrating that the alleged victim consented to the physical contact may serve as a defense.Alibi: Providing evidence that the accused was in a different location during the alleged offense can be a powerful defense.Inadequate Evidence: Challenging the sufficiency of the evidence presented by the prosecution can be an effective defense strategy.Procedural Violations: If the accused's rights were violated during the arrest or investigation, these procedural errors could be grounds for a defense.Intoxication: Intoxication could be used as a defense, especially if it can be shown that the accused was unaware of their actions.Character Witness Testimonies: Presenting character witnesses who can attest to the accused's non-violent nature may help establish a defense. Let's Us Help Expunge Your Record! Over 85% of our cases are expunged under 05 months. Expunge Now! Expunging Your Felony Battery in Florida with Erase The Case Erase The Case specializes in helping individuals expunge their criminal records, providing a chance for a fresh start after facing felony battery charges. Explore the possibilities of expungement to minimize the long-term impact of a felony charge. FAQ What is touch or strike in Florida?Touch or strike, as per Florida law, refers to intentional physical contact that can encompass various actions leading to bodily harm.How serious is a third degree felony in Florida?A third degree felony is a serious offense in Florida, and felony battery can result in up to 5 years of imprisonment.What is the difference between a felony and a misdemeanor battery in Florida?The key difference lies in the severity of the offense. Felony battery involves significant bodily harm and is classified as a third-degree felony, while misdemeanor battery pertains to less severe physical contact.What is the difference between assault and battery in Florida?Assault involves the threat of physical harm, while battery involves actual physical contact. The severity of the harm caused differentiates felony battery. Let's Us Help Expunge Your Record! Over 85% of our cases are expunged under 05 months. Expunge Now! #### Florida Expungement & Sealing in 2026: (Eligibility, Process, & Expert Help) Home Florida Expungement & Sealing in 2026: (Eligibility, Process, & Expert Help) David Weisselberger | Jan 29, 2026 GET STARTED In Florida, Expungement and record sealing are statutory processes that allow eligible individuals to legally remove or hide their criminal history from public view. Expungement destroys the records entirely, while sealing restricts access by placing them under “seal” by order of the court. Both options help restore privacy and improve opportunities for employment, housing, and more. Florida Expungement: What You Need To KnowFlorida’s laws on expungement (Florida Statute § 943.0585) and sealing (Florida Statute § 943.059) have specific eligibility rules, recent changes, and common misconceptions. Here’s what you need to know:In 2026, Florida allows only one expungement or sealing in a lifetime, unless it was as a juvenile. Additionally, related charges from the same incident may be eligible for expungement together.To expunge or seal a record in Florida, you must obtain a Certificate of Eligibility from FDLE and then get a court order approving the request.Expungement means the record is destroyed as if the incident had never occurred. The FDLE keeps a private copy to ensure that no one gets more expungements than allowed by Florida law, but the public cannot access this copy.Sealing a record keeps it hidden from the public, but government agencies can still access it. The record stays on file with law enforcement and the courts, but the general public cannot see it unless someone files a motion to unseal it, and the court approves that motion.You can qualify for expungement if a charge was dismissed, dropped, or resulted in a not guilty verdictYou can qualify for sealing, but not for expungement, when adjudication is withheld and the offense does not appear on Florida’s disqualifying list.All criminal charges, including violent ones, can be expunged if you have not been found guilty and the case is dismissed. However, if the charges are on the disqualifying list and the case results in an adjudication withheld, they are not eligible for sealing.For a more comprehensive comparison between expungement and sealing regarding background checks, judicial discretion, and the influence of FDLE, read this article: Differences between Expungement and SealingOnce eligibility is confirmed, the next step is to follow the Florida expungement and sealing process in the county where the arrest occurred. How to get my record expunged or sealed? The answer is found in the procedural checklist below.Florida Expungement Process: Step-by-Step Guide​Applying for a Certificate of Eligibility is a crucial step in the Florida expungement process. A record will only receive relief once the Florida Department of Law Enforcement (FDLE) has obtained a certified court order from the appropriate jurisdiction's court. If you're wondering how to expunge a record in Florida, here is a clear step-by-step guide to help you through the process:Florida law requires strict compliance with statutory procedures. The following step-by-step guide explains the process and shows how Erase The Case ensures it is done correctly, efficiently, and without costly mistakes.Step 1: Determine Your EligibilityThe first step in the Florida expungement process is checking your eligibility. Ensure you meet the following criteria in order to qualify for expungement:No Prior Sealing or Expungement: You have not previously had a criminal record sealed or expunged in Florida.Case Is Dismissed: The charges were dismissed, dropped (nolle prosequi), resulted in an acquittal, or no formal charges were filed.No Criminal Convictions: You have never been adjudicated guilty (convicted) of any criminal offense in Florida or elsewhere.No Ongoing Criminal Cases: You are not currently under court supervision or facing any criminal charges.Not Included on the list of Disqualifying Offenses: The offense is not among those disqualified from expungement under Florida law.Considering the complexity of Florida laws, checking expungement eligibility can be frustrating. Erase The Case has simplified the process with this free eligibility test that takes only 2 minutes to complete.Step 2: Prepare FDLE Application PacketComplete the FDLE Application for Certificate of Eligibility and have it notarized.Submit fingerprints using the FDLE fingerprint form or FBI FD-258 card from a law enforcement agency or approved vendor.Obtain a certified copy of the final case disposition.For expungement, include a certified statement from the State Attorney confirming eligibility.If probation was imposed, include a certified copy of the probation termination order (required for sealing).Step 3: Apply for a Certificate of EligibilityMail the completed application, fingerprint card, required documents, and $75 processing fee to FDLE. Processing typically takes several months unless expedited.Step 4: Wait for FDLE to ProcessThis is usually the longer part of the process, taking on average 12 weeks.FDLE does not expedite applications and processes them on a first-come, first-served basis.If there are issues with the FDLE Application or if additional information is needed, FDLE may send correspondence, causing delays in issuing a Certificate.Step 5: File a PetitionAfter receiving your Certificate of Eligibility, file a Petition to Seal or Expunge with the clerk of court in the county where the arrest occurred.If your charges span multiple counties, verify jurisdictional rules before filing.Include the Certificate of Eligibility, notarized affidavit, and any required supporting documents.Step 6: Serve Required AgenciesServe the petition, Certificate of Eligibility, and affidavit to both the arresting agency and the State Attorney’s Office, as required by Rule 3.692.Step 7: Attend Court Hearing (if needed)The State Attorney will review and may object. If so, a hearing will be required.If unopposed, most courts will approve the petition without a hearing.Step 8: Submit Order & Receive Final JudgmentSubmit a proposed order to the court.If granted, the judge signs the final order, and the clerk distributes it to FDLE and other relevant agencies.You’ll need to pay all filing and copy fees at this stage.Step 9: Comply with Court Order ImplementationExpungement: Most agencies must destroy the records. FDLE may keep a confidential copy.Sealing: Records are made confidential and hidden from public view, employers, and background checks.Florida Expungement Timeline & DurationOn average, expungement firms in Florida typically takes between 5 to 7 months to erase a criminal record. However, Erase The Case takes on average between 3-5 months to expunge records in Florida.Some factors that could affect the processing times of your expungement depend on the complexity of your case and how quickly supporting documents are processed by the FDLE, the State Attorney’s Office, and the court. Delays may occur if there are errors or missing information in your application or supporting documents.For more details about the expungement timeline and duration, read on How Long Does It Take to Expunge a Record in Florida?Costs and Fees for Expunging a Record in FloridaIn Florida, the total cost of expunging records is approximately $245. This includes a $75 fee for the Florida Department of Law Enforcement, a $42 court filing fee, $40 for certified copies, $22 for document retrieval, $30 for notary services, and $36 for mailing documents to the FDLE and other agencies. These fees apply regardless of whether you hire a lawyer.For a more detailed breakdown of all associated costs, please refer to our article: How Much Does Expungement Cost in Florida?Why You Need To Expunge a Record in Florida?Expunging or sealing a criminal history record offers several significant benefits:Fresh Start and Improved Opportunities: Removing your record from public view allows you to move forward without the stigma of past charges, enhancing your chances for employment and housing.Enhanced Privacy: Sealed records are confidential, ensuring that your past does not follow you into your future.Legally Deny the Incident: Once your record is expunged or sealed, you can legally deny the arrest in most situations, helping to restore your reputation.Peace of Mind: Clearing your name alleviates anxiety and removes barriers to opportunities, allowing you to regain your standing in the community.Florida Expungement Facts and Common MisconceptionsFlorida law provides specific rules for clearing a criminal record, but many residents hold outdated or incorrect beliefs. Here are essential facts to know:You Only Get One Opportunity to Expunge or SealUnder Fla. Stat. § 943.0585(2), you can generally seal or expunge a record only once in your lifetime. However, if multiple charges stem from the same criminal incident, they may be grouped in a single petition.The “7-Year Rule” Doesn’t Exist in FloridaFlorida does not automatically remove criminal records after a certain period. Your record remains public unless it is actively sealed or expunged by court order.Dismissed Felonies Can Be Expunged, Even Violent OnesIf your case was dismissed or no action was taken, you may still qualify for expungement regardless of whether the original charge was for a violent or serious felony.FDLE Certificate Is Required for Court FilingBefore you can petition the court, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) confirming your record meets legal criteria.Expunged Records Are Not Fully InvisibleEven after expungement, FDLE keeps a confidential record, and some agencies or private websites may still show your case. Our Background Check Removal service can help.Juvenile Expungement Offers Expanded ReliefThanks to Senate Bill 274 (2021), juveniles who complete diversion programs for eligible offenses may receive automatic expungement, even for some nonviolent felonies.Expunge Your Record in Florida with an Exclusive Expungement AttorneyNavigating Florida’s expungement and sealing process can be overwhelming, but the right legal help makes all the difference. At Erase The Case, we are exclusive Florida expungement lawyers dedicated to record expungement and sealing. We take pride in being the state's most efficient and successful expungement team.Navigating Florida’s expungement and sealing process can be overwhelming, but the right legal help makes all the difference. At Erase The Case, we are exclusive Florida expungement lawyers dedicated to record expungement and sealing. We take pride in being the state's most efficient and successful expungement team.Our Legal Services: Comprehensive SolutionExpungement & Sealing: We manage the entire expungement and sealing process for misdemeanors and felonies, including petition drafting, obtaining your Certificate of Eligibility, and court representation. If your case was dismissed or resulted in a not-guilty verdict, we’ll guide you every step of the way.Background Check Removal: Many third-party websites and data aggregators continue to display your record even after expungement. We provide targeted removal services to ensure your cleared record doesn’t keep showing up on employment, housing, or licensing background checks.Mugshot Removal: A public mugshot can be one of the most damaging remnants of an old arrest. We work with mugshot websites and search engines to have these images taken down, especially once your case is expunged or sealed under Florida law. FAQs What cases cannot be expunged in Florida? Cases with any charge that resulted in a guilty adjudication cannot be expunged, affecting all related or unrelated cases for the individual. If a case has a charge with a withheld guilty adjudication, it cannot be expunged, but may be eligible for record sealing. Will my expunged record show up on a background check in Florida? Expungements affect public sector background checks, making records disappear on official checks. However, private sector checks may still show expunged data since they’re not subject to Florida’s expungement laws. To clear information from private checks, additional steps are required. Erase The Case is Florida’s only expungement law firm that eliminates all records — court documents, mugshots, and private checks. Is your criminal record clear after 7 years in Florida? No, this is a popular myth and misinformation online. Florida does not automatically clear records after any period; you must actively apply to seal or expunge them. How many times can criminal records be expunged in Florida? In Florida, you are generally permitted to seal or expunge a criminal record only once in your lifetime. Under Florida Statute §943.0585 and §943.059, this “one-time” rule applies to your entire criminal history, regardless of how much time has passed since your last petition. How long does a misdemeanor stay on your record in Florida? Indefinitely, unless you successfully petition for sealing or expungement. Can I expunge or seal my record if I was arrested but not convicted? Yes, if your case was dismissed or you were acquitted, you may be eligible for expungement or sealing in Florida, as long as you meet the other eligibility requirements under Florida law. Can I expunge or seal multiple offenses in Florida? Related offenses can often be expunged or sealed together, though some may remain ineligible due to their nature. Attorney David Weisselberger claims to hold the record for the most cases sealed in a single petition, totaling 16 related cases. What happens after my record is expunged or sealed in Florida? Expunged records and sealed records are fully removed from public access, while sealed records remain accessible to law enforcement for legitimate criminal justice purposes. In most cases, you can legally deny the record’s existence. Can I expunge or seal a record from another state in Florida? Florida can only expunge or seal Florida-based criminal records. For out-of-state records, you would need to follow the expungement or sealing laws of the state where the offense occurred. How does expungement or sealing affect my employment in Florida? Expunged or sealed records are generally inaccessible to employers and don’t need to be disclosed on job applications, unless the potential employer is listed under Florida Statutes, Section 943.0585, or 943.059 Can I still apply for expungement or sealing if I have an ongoing case? You cannot apply for expungement if you have pending criminal charges related to the case you want to expunge. All open cases must be resolved first. However, you can apply to expunge an unrelated, closed case even if you have a pending case. Keep in mind that the State Attorney’s Office may object to your petition, which could complicate the process and affect your chances of success. How to check expungement status in Florida? To check if your record was successfully expunged in Florida, contact the Florida Department of Law Enforcement (FDLE) by emailing SEinfo@fdle.state.fl.us with a copy of your government-issued ID. You can also confirm with the clerk of court in the county where your case was handled. *It is general information, not legal advice. Except as noted in Florida law, the State Attorney’s Office does not assist with sealing or expunging records. For help with your situation, consult an attorney. Erase The Case can review your eligibility and handle the process start-to-finish. Rate this case_result Related Articles Expungement vs. Sealing Free Eligibility Test Applying for the Certificate of Eligibility Application Form Timeline & Duration Costs & Fees Benefits of Expungement Who Can See Your Expunged Records? New Expungement Laws Case Results See how we handled the toughest cases in Florida See More Client reviews It was a great experience working with David on a previous case. He really goes above and beyond and provides great service. He was able to get everything done in less than 4 months at a very reasonable price. His current payment plan, Pay Later is a great option! David Gonzalez This is one of the best choices I have made in my life. I feel like life has truly given me a second chance from my past mistakes. I chose Erase The Case because of the reviews and now I want to make sure I pass on this experience so that some other people can trust this company.... Sanchez one month ago Florida Expungement Attorney of the Year!! Great service… The best part is I didn't have to do anything except the online video call which took less than 5 minutes to get the notarized papers!! David took care of everything... Brian Diaz-Fernandez Great experience with this law firm!! David was very helpful throughout the entire process from start to finish. Explained everything in detail with constant communication. Fully recommend to anyone looking for this service or information. Chaim cohen See More Our Ratings Reviews | 208 Reviews | 141 Free Eligibility Test Only takes 2 minutes to find out if you are eligiblie. Take our test now! DO I QUALIFY? Need Legal Help? Contact our expungement lawyer and schedule a consultation now! 1 (866) 372-7335 Toan Team Member 3 #### Florida Mugshot Removal - Complete Guide & Legal Help If your mugshot is still available online after your case was dismissed, you’re not alone. In Florida, arrest photos can remain on the internet, impacting your reputation and job prospects.This guide outlines your rights under Florida law and provides a step-by-step process for completely erasing your mugshot from Google. It also includes alternative approaches if your removal requests are ignored. Don’t let a past arrest define your future, and learn how to get your mugshot off the internet today. Why Is Mugshot Publicly Available Online? A mugshot becomes publicly available because it is created as part of an arrest record, which is generally classified as public information under Florida law. Once released, that image is no longer limited to law enforcement systems. It can be accessed, copied, and redistributed across the internet.In practice, this is where most individuals lose control over their information. After the initial publication, third-party websites and data brokers systematically collect these records and republish them across their own platforms.We regularly verify this process through real cases:Public record release: Law enforcement agencies publish arrest data, including booking photosAutomated data scraping: Mugshot websites and data brokers collect and store these records at scaleSearch engine indexing: Google indexes these pages, making them visible in name-based searchesMass duplication: One mugshot can appear on dozens of independent websitesEven if your case is dismissed, dropped, or later expunged, these third-party platforms are not automatically updated. They operate independently from the court system, which means your mugshot can continue circulating online.This leads to the next critical question: once your mugshot is online, how long does it actually stay there? How Long Do Mugshots Stay Online? A mugshot can remain online indefinitely unless specific action is taken to remove it. Once published and distributed across multiple platforms, there is no automatic expiration or removal timeline.From what we have documented in Florida cases, mugshots often persist because:They are stored across multiple third-party databasesEach website controls its own removal processSearch engines continue to index and display results over timeEven after expungement under Florida Statute §943.0585, the image may still exist online unless it is actively removed from each source. Remove your mugshot online with ease! We are proud to be the fastest mugshot removal service in Florida. Get Started Legal Basis for Mugshot Removal in Florida Florida law provides important protections for individuals seeking to remove mugshots from the internet after their criminal record has been expunged or sealed. Under Florida Statute 901.43, websites that publish mugshots must comply with specific removal requirements.Key points include:Mandatory Removal: Once an individual’s criminal record is expunged or sealed, websites must remove the mugshot within 10 days of receiving a written removal request.No Fees Allowed: Publishers cannot charge a fee for removing mugshots if the request is accompanied by proof of expungement or sealing.Legal Penalties: Websites that fail to comply may face actual damages, attorney’s fees, court costs, and civil penalties up to $1,000 per violation.It is important to note that removal rights only apply after expungement or sealing of the criminal record. Therefore, expungement is often the first necessary step before requesting mugshot removal.A qualified Florida mugshot removal lawyer can help ensure these laws are properly enforced to protect your privacy and reputation. How to Get Mugshot Removed from Internet at ETC? Florida law (Florida Statute § 901.43) empowers you to request the removal of your mugshot from certain websites. Here's a breakdown of the our process:1. Check Your EligibilityBefore proceeding, determine if you qualify for mugshot removal. You may be eligible if:Dismissed charges: If the charges against you were dismissed or dropped.Not guilty verdicts: If you were acquitted of the charges.Arrests that don't lead to charges: If you were arrested but never formally charged.Cases with adjudication withheld: In some cases, even if you pled guilty or no contest, adjudication may have been withheld. This can make you eligible for removal depending on the specific circumstances.In some cases, mugshot removal is possible without expunging your record. However, expungement strengthens your legal position and often makes removal faster and more reliable.2. Seal or Expunge Your RecordExpunging or sealing your criminal record provides the strongest legal basis for demanding mugshot removal. Once your record is sealed or expunged, Florida law requires websites to remove your mugshot upon request.To learn more about the expungement and sealing process in Florida, visit our detailed guide: Florida Expungement Process & Legal Help.3. Locate All Websites Publishing Your MugshotMake a list of all websites where your mugshot appears. Common offenders include:Mugshots.comArrests.orgBustedMugshots.comLocal jail websites and news aggregators💡Tips: Use Google or ChatGPT to navigate all instances of your mugshot quickly.4. Craft Your Removal Request:Florida law requires a written request sent by certified mail with proof of receipt. Your request should include:Your full name and date of birthCopy of the expungement/sealing orderA clear identification of the mugshot you want to removeThe specific website address (URL) where the mugshot appearsThe reason for requesting removal (e.g., charges dismissed)A copy of a valid ID (driver's license, passport)5. Send Your Request:Send your request with a copy of your ID to the website's registered agent (often listed on their website or through domain name lookup tools).6. Follow Up (if necessary):Florida law gives websites 10 days to respond to your request. If you don't receive a response or your request is denied, consider these options:Resend the request: Sometimes, mistakes happen. A polite resend might be enough.Seek legal help: An attorney specializing in Florida mugshot removal can significantly increase your chances of success and handle complex situations.Important to Note:For non-profit websites, there is a high likelihood that they will not comply with your mugshot removal request. In such cases, there are advanced techniques available to help remove your mugshot from Google; however, this process can be complex, and it is advisable to seek expert assistance to accomplish it. Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started How Much Does It Cost & Fee To Get Your Mugshot Off The Internet? In Florida, an average cost for mugshot removal is $250, but can vary depending on attorney fees and the nature of your case.At Erase The Case we remove a mugshot in Florida typically involves fees for both expungement/sealing and the actual removal from websites:Expungement/Sealing Costs: Attorney fees usually start around $750, plus court and processing fees totaling approximately $150. Overall, the expungement process typically costs between $995 and $2,500, depending on your case.Mugshot Removal Fees: After expungement, removing mugshots online can cost around $250 per site. Additional services like background check removal and legal case letters may add to the cost, ranging from $250 to $1,595.Other Factors: Costs vary depending on the number of websites hosting your mugshot and the complexity of removal. Working with a lawyer can streamline the process and improve success rates. What If the Website Refuses to Comply? Even after expungement, some websites ignore takedown requests. Here’s how we help enforce your rights:1. Deindexing Requests to Google and BingEven if the mugshot isn’t removed, you can remove it from search engine results using:Google's Outdated Content Removal ToolBing’s Content Removal ToolThis doesn’t delete the image but hides it from public view.2. Online Reputation Management (ORM)Push negative content off the first page of Google by publishing:Personal websites or blogsLinkedIn profiles and biosNews features, press releases, or interviewsThe goal is to outrank the mugshot with more relevant content.3. Take Legal ActionUnder Florida law, you may sue websites that:Charge a fee for removal (illegal in Florida)Fail to remove a mugshot after receiving a lawful expungement order Mugshot Removal vs. Expungement: Why You Need Both? Edit FeatureMugshot RemovalExpungement What it addressesPhoto on third-party websitesYour criminal record Legally binding?Not alwaysYes, statewide recognition Who enforces itYou or an attorneyFlorida Department of Law Enforcement Permanent solution?Not without expungementYes Why should expungement come first?Expungement is essential for mugshot removal because it legally clears your record, giving you stronger grounds to demand complete and lasting removal of your arrest photos from websites. Most mugshot websites won’t remove your photo unless you prove your record is expunged or sealed. Expungement gives you the legal authority to compel removal, and in some cases, sue. Why Should You Need A Mugshot Removal Lawyer? Florida law offers a strong right to have your mugshot removed from certain websites, but navigating the process and maximizing your chances of success can be complex. Here's why a lawyer specializing in Florida mugshot removal can be a valuable asset:Comprehensive Removal: An experienced mugshot removal lawyer helps erase your photo arrest completely by legally sealing or expunging your record, which also improves background check results.Expert Handling of Publishing Sites: Lawyers draft precise removal requests with the proper proof and legal documentation, increasing the chances that mugshot websites comply quickly and fully.Advanced Removal Techniques: If sites won’t comply, lawyers use technical methods like deindexing and Google removal requests that most individuals can’t handle.Stress-Free Process Management: Your lawyer manages the entire process — from paperwork and timelines to follow-ups — allowing you to focus on moving forward while your case is handled professionally. Speak With a Mugshot Removal Lawyer Today Hiring a mugshot removal lawyer can streamline the process of removing mugshots from the internet and help clean up your online presence, especially if you qualify for sealing or expunging your case.Remove your arrest photo with a 5-star mugshot removal service from Erase The Case and reclaim your life now.Get Your Free Mugshot EvaluationCall now: +1 866-372-7335Free Eligibility Test: Check NowEmail: lawyer@erasethecase.comYour past doesn’t define you—we help make sure it doesn’t follow you online. FAQ Are mugshots public record in Florida? Yes, In Florida, mugshots are public records and are often made available online by the Sunshine Law, commonly known as the Florida Public Records Law. Do mugshots go away? Mugshots generally do not go away on their own and can remain online indefinitely, even if charges are dropped or expunged Why are some mugshots not online in Florida? Laws and policies have been put in place in Florida to shield people from the negative effects of having a mugshot. You have the right to request the removal of a mugshot from websites, regardless of the outcome of a criminal trial. Where can I view local mugshots for free? Visit the Florida Department of Corrections (DOC) Corrections Offender Network homepage to view local mugshots for free in Florida. Can I get my mugshot removed if the charges were dropped? In 2021, Senate Bill 1046 in Florida was passed which allows you to ask for the removal of mug shots from any websites whether your charges were dropped or not. #### Fort Lauderdale Record Sealing & Expungement Lawyer In Florida, both arrests and criminal charges show up on your criminal record, making it difficult for you to change jobs, apply for college admissions, or own an apartment. You can, however, clear your record with the help of a Fort Lauderdale expungement attorney from Erase The Case. Don't let a single mistake ruin your chance for better opportunities such as promotions; get your record expunged.The expungement process in Florida enables those who have been charged with certain crimes to have their record sealed and expunged. And be given another opportunity to start again. The public can no longer access your criminal history. Sealing & Expunging a Record in Fort Lauderdale Record sealing and expungement are different from each other. The Florida Statue 943.045, states that the sealing of a criminal record keeps people with no legal rights to gain access to your criminal history. The court protects the sealed document from public access. As the records are kept hidden by a criminal agency, the court system under “seal” and the record is confidential.On the other hand, expunging a record involves the destruction of the record, and only the FDLE has a copy of your record. The process of expungement may involve a court hearing. Thus, a Fort Lauderdale expungement attorney can surely help you throughout the process. Eligibility Requirements A past arrest shouldn't hold you back in Fort Lauderdale. Expungement offers a chance to clear your record and move forward. Here's a breakdown of the key eligibility factors:Charge Severity: Misdemeanors and certain felonies generally qualify for expungement if the cases are dismissed. However, if the case results in a withhold of adjudication, serious felonies, like violent crimes or sex offenses, are typically ineligible for sealing.Case Outcome: Cases dismissed, where you were acquitted, or where you completed a pre-trial diversion program, are more likely to be expunged.Criminal History: Having no prior convictions or arrests not already expunged increases your chances.Waiting Periods: Florida law mandates waiting periods after case resolution before expungement eligibility. These vary depending on the offense (e.g., one year for misdemeanors, three years for some felonies).Remember, these are just guidelines. Fort Lauderdale expungement laws can be complex. Consulting a qualified expungement lawyer in Florida is crucial to determine your specific eligibility and navigate the legal process effectively. They can assess your situation, advise on the best course of action, and help you achieve a clean record. Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started Expungement Process in Fort Lauderdale The procedure of seal and expungement can be difficult and time-consuming because you will have to contact several agencies, such as the Florida Department of Law Enforcement, the State Attorney's Office, and the court system. To get the best outcome possible, you must have an experienced Fort Lauderdale expungement attorney on your side. Here’s a step-by-step of the process:Step 1: Know if you're EligibleCheck the state laws to understand what types of offenses are eligible for expungement. Crimes like violent felonies, sex offenses, or multiple repeat offenses are not eligible to be sealed or expunged.Consult a Fort Lauderdale expungement attorney before you get your records expunged.Step 2: File a PetitionIf you are eligible, you need to file a petition to expunge criminal records in Fort Lauderdale with the court in the jurisdiction where the charge was filed.The petition usually requires your personal details, case numbers, dates of charge, and reasons for requesting expungement.You might also need to provide a copy of your criminal record or court documents to support your application.Step 3: Pay for the Filing FeesIn many cases, you will need to pay a filing fee when submitting your petition. The FDLE application fee usually costs $75.Step 4: Notify the important peopleDepending on the case, you may need to notify the district attorney or other prosecuting authority regarding your expungement.In some cases, there may be a waiting period to allow these parties to respond or object.Step 5: Attend a HearingIn some cases, the court will schedule a hearing where you may need to present your case for expungement. An expungement attorney is needed to represent you. The judge will consider any objections from prosecutors, victims, or other interested parties.Step 6: Receive a Court OrderIf your petition is granted, the court will issue an order for expungement. This order is typically sent to various agencies such as the police, the FBI, or the state records bureau.If the petition is denied, you might be able to reapply after a certain period or appeal the decision.Make sure to follow up with the court or your lawyer to ensure that the expungement took effect. Also, make sure to keep a copy of your expungement order for future use. For the complete guide on expunging a record in Florida, see this expert guide. How Much Does Expungement Cost in Fort Lauderdale? The cost of expungement in Fort Lauderdale varies depending on several factors, including attorney fees and court costs. Typically, the filing fee for an expungement petition in Florida is around $75. Attorney fees can range from $500 to $1500, based on the complexity of your case and the lawyer's experience.Additional costs may include obtaining necessary documents such as certified copies of court records, which can add to the overall expense. It's essential to consult with a local expungement lawyer to get a precise estimate tailored to your specific situation and to understand all potential costs involved in the expungement process.Still want to understand more about Florida expungement fees? Read on: Breakdown Costs of Expungement in Florida. How Long Does It Take To Expunge Records in Fort Lauderdale? The time needed on the process of expungement, the effectiveness of the court system, and the Florida Department of Law Enforcement's (FDLE) processing time are some of the factors that might affect how long it takes to erase a criminal record in Fort Lauderdale, Florida. Regardless, the Fort Lauderdale expungement procedure usually takes 4-6 months to complete. However, if the prosecution objects to your petition or you the documents are incomplete, it may take longer. Thus, the need of a Fort Lauderdale expungement attorney arises. You could have to wait longer if your petition is rejected since you would have to file an appeal or reapply. Clear Your Record in Fort Lauderdale A past arrest shouldn’t define your future. If you’re looking to expunge or seal a record in Fort Lauderdale, Erase The Case is here to help you take control—discreetly, efficiently, and with proven legal expertise.Why Erase The Case?Local insight into Broward County courts and proceduresDirect access to an experienced expungement attorneyThousands of successful cases across FloridaClear communication and trusted support from start to finishLet’s Talk About Your Next ChapterServing clients throughout Fort Lauderdale and the surrounding communities, we offer trusted, experienced legal help that’s just a phone call—or a click—away.Call Us: 1 (866) 372-7335Email: lawyer@erasethecase.comBegin Online: Start with Your Free Assessment Expunge your criminal record with ease! We are proud to be the fastest expungement service in Florida. Get Started #### Grand Theft in Florida: Meaning, Penalties & Defenses Have you ever wondered about the gravity of grand theft charges in Florida? Grand theft is a serious criminal offense in Florida, and navigating its intricacies requires a comprehensive understanding. It's essential to grasp its meaning, especially in the context of Florida Statute 812.014, where property valued at $750,00 and more defines this felony, potential penalties, and available defenses if you ever face such allegations.We will explore the intricacies of grand theft in Florida, addressing key questions and empowering you to safeguard your legal rights. Join us as we provide the knowledge to navigate grand theft charges effectively. What is Grand Theft in Florida? Grand theft in Florida, also referred to as grand larceny in Florida, is a legal term that refers to the unlawful taking of someone else's property or funds with the intent to deprive them of it permanently. Under Florida Statute 812.014, grand theft occurs when the stolen property is worth $750.00 or more. The value of the stolen property plays a vital role in knowing the degree of the crime. So, is grand theft a felony? This classification as grand theft makes it a felony offense in the state. Penalties for Grand Theft The penalties for grand theft in Florida vary depending on the degree of the offense:Grand Theft Third DegreeIf the stolen property is valued between $750.00 and $20,000.00, it is considered grand theft in the third degree. Penalties may include a prison sentence of up to 5 years and fines of up to $5,000.00.Grand Theft Second DegreeWhen the stolen property is valued between $20,000.00 and $100,000.00, it is classified as grand theft in the second degree.Conviction may result in a prison term of up to 15 years and fines of up to $10,000.00.Grand Theft First DegreeGrand theft in the first degree involves stolen property worth $100,000.00.The consequences can be as harsh as facing imprisonment for a maximum period of 30 years and being subject to fines reaching $10,000 What Are Defenses to Grand Theft? When facing a grand theft charge in Florida, knowing the possible defenses that can help safeguard your rights and potentially lead to a more favorable outcome is crucial. Here are some key defenses to consider:Lack of IntentOne of the fundamental elements of grand theft is the intent in depriving the owner of their property. If it can be demonstrated that you did not possess such intent, it can serve as a strong defense. For instance, if you genuinely believed the property was yours or had permission to use it, this lack of intent can be argued in your favor.Mistaken IdentityIn some cases, individuals may be wrongfully identified as the theft perpetrator. This can be a compelling defense if you have concrete evidence to prove absence at the scene of the alleged crime or can provide an alibi. Eyewitness misidentification or unreliable testimonies can lead to mistaken identity, and addressing these issues is essential.ConsentIf you had explicit consent from the owner or a reasonable belief that you had permission to take the property, it could serve as a valid defense. This defense hinges on the understanding that you were not acting unlawfully but with the owner's permission.Ownership DisputeIn some cases, the ownership of the property in question may be in dispute. It can be a defense strategy if you can establish a legitimate claim to the property and demonstrate that the alleged victim lacks a clear and uncontested ownership right. Ownership disputes can introduce complexity into theft cases, and a skilled attorney can help navigate these intricacies. Let Our Attorney Help Remember, grand theft in Florida is a felony offense that can lead to serious consequences. To increase your chances of a favorable outcome, it's vital to understand the legal intricacies, potential penalties, and available defenses. Protect your rights with an experienced lawyer who can strategize tailored to your situation.Don't delay; act now to erase your case and secure your future. Contact us today to schedule a consultation and take the first step toward resolving your grand theft charges in Florida. Your future may depend on it. FAQ What is considered grand theft in Florida?Grand theft in Florida occurs when the stolen property or funds have a value of $750.00 or more.What is the punishment for grand theft in Florida?Penalties for grand theft vary depending on the value of the stolen property, with prison sentences from 5 to 30 years and fines from $5,000.00 to $10,000.00.How much do you have to steal to go to jail in Florida?To be charged with grand theft in Florida, the stolen property must be valued at $750.00 or more.What is the difference between grand theft and petty theft in Florida?The primary difference is the value of the stolen property. Grand theft involves property valued at $750.00 or more, while petty theft involves less than $750.00. #### Hillsborough County Expungement Lawyer Criminal records are open to the public in Hillsborough, Florida. That means anybody can dig up someone's criminal past through a background check. Because prior criminal activity can have serious and irreversible effects, Florida law offers two distinct ways for an individual to apply for the removal and sealing of criminal records. Observe that sealing and expunging a criminal past have certain distinctions despite their similarities. Read on to learn more about record sealing vs expungement and why you should call a Hillsborough County expungement lawyer for legal help. Grab this once in a lifetime now. Related Article: Tampa Expungement Lawyer: Seal & Expunge Records With Trusted Attorneys. Record Sealing & Expungement in Hillsborough County Record Sealing A criminal record may be sealed by Florida Statute 943.045 by prohibiting access by anybody who isn't legally entitled to it. A sealed record is essentially one that the court has kept hidden from the general public, keeping it under "seal" in the criminal agency's and the judicial system's files. Expungement A criminal record may be expunged by a court order requiring any criminal agency in possession of the records to physically destroy all records and information related to the criminal records stated in Florida Statute 943.045(16). In simpler terms, "Expungement" refers to eliminating information from public records. While "sealed" records mean only limited access. The Clerk's Expungement and Sealing Unit (ESU) can help you seal or expunge your criminal history record(s). Benefits of Expungement in Hillsborough County You should be aware of the following advantages of record expungement in Hillsborough after learning about the distinctions between record sealing vs expungement: Employers or potential employers will not be able to access the information; Viewing the record won't be possible for colleges and universities; Criminal history is kept secret from the public; lack of a negative public perception; A person may legally turn down accusations of charge or arrest with a few specific limitations; avoiding policies at work that hinder the promotion Expunge Now, Pay Later Expunge in 90 days while subscribe to a reasonable payment plan Do I Qualify? Eligibility Requirements for Expungement in Hillsborough County If you are already convicted of criminal charges, you are no longer eligible for expungement. Nonetheless, you can only apply for sealing or expunging your criminal record in Hillsborough County if: The information or charging document covered by the expunction must have been dismissed by the court, received a Nolle Pros (dismissal) from the state attorney, and never been properly submitted by the state attorney; There must also have been no prior finding of guilt for any criminal offense or comparable violation of a local ordinance; There must not have been a finding of guilt for the violent or serious crime. No cases in which Florida law had sealed or purged records in the past. No ongoing court-filed motions to expunge or seal records. Furthermore, Florida Statutes 943.0585 also states that the fulfillment of the whole term, including probation and restitution, is a requirement for eligibility. Only non-violent crimes meet the qualifying offense requirements, and depending on the type of offense, the waiting period can range from five to ten years after conviction. Frustrated by the complicated eligibility check process? We have made your life easier by designing a quick eligibility test to determine your eligibility. Expungement Process in Hillsborough County Gather the necessary documents: You will first get the paperwork needed for fingerprints. Following that, your Hillsborough County expungement lawyer will file the necessary documents with the State Attorney's Office and petition the Florida Department of Law Enforcement (FDLE) to have the record sealed or expunged. Obtain a certificate of eligibility: Your lawyer will get the eligibility certificate from the FDLE and file a motion on your behalf. Judge’s approval: Certified copies of the accepted motion will be sent to law enforcement authorities by the Clerk's office, with copies sealing or expunging your criminal record in Hillsborough county Cover fees: For a fee of $64.50, the Clerk will remove your name and record from computer systems if you are listed as a criminal defendant. Also read: How To Get Your Record Expunged in Florida (Comprehensive Guide) How Much Does It Cost To Expunge A Record in Hillsborough County? To have your record expunged in Hillsborough County, you will have to prepare for an amount that ranges from $75 to $1,500, depending on your case and Hillsborough County expungement attorney. How Long Does It Take To Expunge a Record in Hillsborough County? Both record sealing and expungement typically take 5-7 months. Good thing is that Erase the Case provides the best service that only takes 90 days—so those who meet the requirements may rest easy knowing that their criminal record in Florida can be sealed or erased. Hiring A Hillsborough County Expungement Lawyer It's crucial to consider the following while working with a Hillsborough County expungement attorney to remove your Hillsborough County criminal records: To erase your criminal records in Beach County, it is best if your attorney specializes in criminal law. Make sure the Hillsborough County expungement lawyer you have selected is qualified to practice law in Florida and has handled expungement matters before. Ideally, clients have given your attorney positive reviews. Here are some pointers to help you choose the attorney suited to handle your legal needs: Search nearby attorneys Verify Credentials Examine Reviews Raise as many queries as possible Talk about Fees Select a Hillsborough County expungement lawyer with whom you feel at ease. Review the Agreement In Erase The Case, our top-notch Hillsborough County expungement attorneys are knowledgeable and experienced in eliminating criminal records, necessary to secure your second opportunity at life. Have your record expunged in Hillsborough County with us, now! #### Home Florida Expungement Lawyers ERASE YOUR CRIMINAL PAST! THE ONLY LAW FIRM IN FLORIDA 100% SPECIALIZED IN EXPUNGEMENT & SEALING GET STARTED  Expunge Now, Pay Later™ Get your criminal record expunged with the best Florida expungement lawyer A criminal record can follow you everywhere, impacting job offers, housing approvals, and more. Even dismissed cases are kept by state agencies and private background-check companies.Erase The Case offers Florida’s most complete service for clearing criminal records. Unlike general criminal defense lawyers, we specialize 100% in expungement. Our process includes checking eligibility, fully expunging or sealing records, and removing information from private data companies, ensuring a fast and thorough clean record outcome. Get Started - As Seen On - Benefits of sealing or expunging your criminal records Under the Florida Statute § 943.0585, an expungement order means that all parties involved (typically between 5-7) will be required to treat the expunged criminal offenses as confidential records. The expunged records will be erased from public view and will give the subject of the Florida criminal record the right to deny this criminal case took place, with certain statutory limitations.Moreover, there will be no need to disclose your criminal record under most circumstances; you'll have the freedom to go on living without your past misdemeanors haunting you, and it will open up more employment opportunities and improve getting financial assistance. What Our Clients Are Saying About Us As an exclusive expungement lawyer in Florida, we have the highest number of 5-star reviews regarding expungement and sealing. "David and his team are fantastic Florida Expungement Lawyers. I had two charges expunged no problem. They communicated every step of the way and made sure I understood everything going on. The overall process takes a bit of time, but that’s the judicial system." Nov 2025 "So glad I chose Erase the Case as my Florida Expungement Lawyer. Mr. Weisselberger and his team always responded to any questions I had in a timely manner. Overall, they made the process quick and easy. I couldn’t recommend Erase the Case enough." Nov 2025 "Best Florida Expungement Lawyer, this team is amazing, if you are looking for a responsible team, that inform you throughout the process, never any extra surprise fees, and have fast results, then stop looking and start your process with them." Oct 2025 "I had an outstanding experience with Erase The Case. David Weisselberger was very thorough and clear. He always responded quickly with my emails and phone calls. He did exactly as promised. I am very great-full for his services and I highly recommend!" Sep 2025 "I would recommend David Weisselburger, Florida Expungement Lawyer to all. Prompt attentive service, responds to emails, and constant step by step updates. Complete transparency and he answered questions before I had the chance to ask them. Thanks again David to you and your team! Mark, Bonita Springs FL" Aug 2025 "From beginning to end, he communicates and is transparent every step of the way. But the best part? The sense of urgency and fast results he gives to your record. It took only 4 months to get my case sealed with Erase The Case..." Jun 2025 "Mr. Weisselberger and his team were very thorough and straightforward with every detail of my case and everything worked out great just as they said it would..." Jun 2025 "He kept me well informed, was polite and made the entire process quick and easy. I highly recommend their services..." May 2025 See Testimonials Why Should You Hire Our Expungement Lawyer? Fastest Expungment - Typically in 3 to 5 Months As Florida's only law firm focused solely on expungement and sealing, we achieve results in just 3-5 months, compared to the typical 7-12 months for other attorneys. We also hold the record for the fastest expungement in 70 days and the quickest sealing in 53 days. 99.7% Successful Track Record Our exclusive focus on expungements enables us to maintain one of the highest success rates in Florida—99.7%. This achievement is supported by rigorous quality control at every stage of the process. This achievement is also taken into consideration some of the most difficult cases in Florida 350+ Verified Five Star Reviews - All for Florida Expungements Only We have earned over 350 five-star reviews for Florida expungements, making us the top-rated attorneys in the state. These verified reviews reflect client satisfaction with our specialized services, focusing solely on expungements and sealings. Florida’s Only Expungement-Only Firm Delivering Complete Criminal Footprint Removal Our work centers on eliminating every trace of your criminal footprint, including expungement, background check removal, and complete mugshot suppression across public and private databases. Erase The Case manages the process from start to finish to ensure your record is cleared everywhere it appears. What Makes Us Different Reputable. Professional. Trustworthy *Averaging 3- 5 months Florida-wide! Fastest & most complete removalSpecialized in Florida expungement & sealingFlorida’s highest-rated expungement law firmLegal team assigned to your matter Direct case update communicationsDiscrete, easy, fast, & convenient processGiving you peace of mind from the startNo more fear of being seen as a criminal Our Services We're excited to offer a comprehensive solution for removing criminal footprints! From record expungement and background check removal to mugshot clearance, we help you create a fresh start and enjoy the peace of mind you deserve for the future. Expungement/SealingWe handle your Florida expungement process from eligibility screening to court approval, ensuring your misdemeanor or felony record is legally expunged from public databases. Background Check RemovalPrivate background check companies don't automatically update their records after an expungement. We directly contact data brokers to remove or suppress your arrest information. Mugshot RemovalYour mugshot can permanently appear on search engines and mugshot sites unless you act. We help remove it through legal takedown requests and DMCA actions. Expunge Now, Pay Later™ Low on cash? Need a payment plan? Problem solved. 01 Expunge Now, Pay Later Erase The Case now offers Expunge Now, Pay Later™. A transparent, flexible, and fair payment option. 02 Affirm Is The Smartest Way No hidden fees or penalties of any kind, ever. You choose the payment schedule that works for you. 03 An Affordable Solution Affirm tells you upfront the total amount you'll pay. Get the expungement you need without breaking your budget. See Our Pricing *Image above is solely for demonstration purposes.**Your rate will be 0% APR or 10-30% APR based on credit and is subject to an eligibility check.Payment options through Affirm are provided by these lending partners: affirm.com/lenders.Options depend on your purchase amount, and down payment may be required.***Your credit score will not be affected when you check your eligibility with Affirm. Florida Expungement Process Let's us do the hard work! Before you can seal or expunge your Florida criminal record, there is a technical legal process that needs to be followed according to Florida Law, along various other conditions that need to be fulfilled. Step 1: Check Your Criminal History Step 2: Check Your Eligibility For Expungement Step 3: Exclude You From The List Of Ineligible Offenses Step 4: Overseeing The Expungement Process Our Case Results Discover how we have successfully expunged or sealed some of the most extraordinary or complex cases in all 67 counties of Florida. View all Extraordinary Dual Case Expungement – Orange CountyThis extraordinary petition involved expunging two separate misdemeanor cases from two arrests, the second for violating a court-ordered no-contact provision in a domestic violence matter. The court granted expungement after 7 months in Orange County.Read moreRecord Sealed in 57 Days for Concealed Firearm Case - Miami-DadeWe sealed a client’s felony record for carrying a concealed firearm just 57 days after being retained—an impressively fast resolution in Miami-Dade County before Judge William Ira Altfield, made possible through swift legal action and precision filing.Read moreExpungement Granted After SAO Denial Overturned in 7 Months - Hillsborough CountyWe overturned a denial from the State Attorney’s Office claiming it lacked jurisdiction to sign the FDLE application. The client’s fugitive from justice charge was expunged 7 months later in Hillsborough County after persistent legal advocacy. Read moreFastest Expungement Ever: Petit Theft Cleared in 72 Days - Duval CountyWe secured full expungement of a petit theft arrest in only 72 days—our fastest result from start to finish and likely the quickest in Florida. The petition was granted in Duval County by Judge Michelle Kalil after a swift and seamless legal process.Read moreExpungement Granted After State Objection in Petit Theft Case - Broward CountyThe client faced a Petit Theft misdemeanor charge and encountered an objection during expungement. At a bench trial with Judge John D. Fry, the legal team countered the State’s arguments, resulting in a favorable ruling that cleared the record within four months.Read moreFraud Case Sealed in Marion County After Two ArrestsOur client faced two arrests in Marion County for alleged theft-related charges. Despite the complexities involved, Erase The Case achieved record sealing in just 4 months through our expertise in Florida statutes, providing our client with a fresh start.Read moreExpungement Granted After FDLE Denial – Lee CountyDespite FDLE objections and past arrests, we proved our client’s eligibility for expungement. Judge Bruce Kyle granted the petition, and both records were cleared in 4 months—showing how legal expertise and persistence can overcome agency resistance.Read moreExpungement Granted After Two Arrests in Just 5 Weeks - Palm BeachDespite FDLE objections and past arrests, we proved our client’s eligibility for expungement. Judge Bruce Kyle granted the petition, and both records were cleared in 4 months....Read moreExpungement Granted for Two Petit Theft Arrests 11 Months Apart in Miami-DadeA client in Miami-Dade, previously facing two Petit Theft misdemeanors, achieved a fresh start when Judge Betsy Alvarez-Zane granted their unified petition for expungement. In just six months, they were able to clear their record and move forward positively.Read more Expungement Services Across Florida We proudly provide exceptional expungement services across all 67 counties of Florida, helping individuals reclaim their futures with confidence and clarity. Some of our most popular counties include Miami-Dade, Orange, Broward, Palm Beach, Hillsborough, Osceola, Duval, Volusia, Lee, Seminole, Brevard, and Monroe. See more FAQs Do I need a lawyer to expunge my record in Florida? Hiring a lawyer for expungement in Florida isn’t legally required, but it can significantly improve your chances of success. The process is complex, involving strict eligibility criteria and communication with agencies like the Florida Department of Law Enforcement (FDLE). A lawyer ensures that your application is accurate, timely, and compliant with legal requirements, minimizing the risk of delays or denials. While self-filing is an option, an attorney can save you time and help avoid mistakes. What kind of lawyer do you need for expungement? You need a Florida expungement lawyer who focuses exclusively on expungement and sealing, not a general practice attorney. Because expungement involves strict eligibility rules, FDLE procedures, court filings, and recent changes in expungement law, it is important to choose a law firm with deep experience in this area. Look for an attorney who offers a free eligibility review, flat-fee pricing, court representation, and help with mugshot removal and background check removal as part of a more complete record-clearing process. How much does an expungement lawyer cost in Florida? In Florida, hiring an expungement lawyer costs between $750 and over $2,500. The price depends on how complicated the case is and whether the fee is hourly or a flat rate. Some law firms offer flat fees starting at $995. How long does it take Erase The Case to expunge my record? Most firms take 5–7 months to expunge a record in Florida. At Erase The Case, we can expunge your criminal record just 3–5 months, with some cases completed in as little as 90 days. Our speed comes from focusing exclusively on expungements and streamlining every step of the process. How do I know if I qualify for expungement/sealing? To qualify, you must have never been convicted, not previously expunged or sealed a record in Florida, and your charge must have been dropped, dismissed, or resulted in a not guilty verdict. Take our free 2-minute eligibility test to find out instantly if you qualify Hiring a lawyer for expungement in Florida isn't legally required, but it can significantly improve your chances of success. The process is complex, involving strict eligibility criteria and communication with agencies like the Florida Department of Law Enforcement (FDLE). A lawyer ensures that your application is accurate, timely, and compliant with legal requirements, minimizing the risk of delays or denials. While self-filing is an option, an attorney can save you time and help avoid mistakes.You need a Florida expungement lawyer who focuses exclusively on expungement and sealing, not a general practice attorney. Because expungement involves strict eligibility rules, FDLE procedures, court filings, and recent changes in expungement law, it is important to choose a law firm with deep experience in this area. Look for an attorney who offers a free eligibility review, flat-fee pricing, court representation, and help with mugshot removal and background check removal as part of a more complete record-clearing process.In Florida, hiring an expungement lawyer costs between $750 and over $2,500. The price depends on how complicated the case is and whether the fee is hourly or a flat rate. Some law firms offer flat fees starting at $995.Most firms take 5–7 months to expunge a record in Florida. At Erase The Case, we can expunge your criminal record just 3–5 months, with some cases completed in as little as 90 days. Our speed comes from focusing exclusively on expungements and streamlining every step of the process.To qualify, you must have never been convicted, not previously expunged or sealed a record in Florida, and your charge must have been dropped, dismissed, or resulted in a not guilty verdict. Take our free 2-minute eligibility test to find out instantly if you qualify Call the best Florida expungement lawyer today Don't wait. Speak to an attorney today! No matter the offenses that have been labeled against you. Erase The Case can help. With an enviable track record of assisting many Florida residents in getting their records expunged and a history of a stellar attorney-client relationship, there are no better expungement lawyers anywhere in the state.Do not let one misdemeanor offense define the rest of your life when you can easily seal or expunge a wide range of criminal records. A fresh start with the help of Erase The Case is only call away at 1 (866) 372-7335 #### How to Remove a Criminal Record from Background Checks in Florida A criminal record showing up in a background check can prevent you from getting a job, renting a home, or obtaining a professional license. In Florida, removing that record requires a legal strategy combined with expungement, follow-up actions, and legal takedown requests.At Erase The Case, we specialize in removing criminal records from background checks in Florida. If your criminal charge is still showing up on your background check, we can help remove it completely from both official government databases and private background check databases What Is Criminal Background Check Removal? Criminal background check removal is a specialized process that helps individuals clear their criminal records from public sources, such as FDLE databases, and private databases, including commercial background check companies, online data brokers, and mugshot sites.The removal process includes:Legal Removal: This involves either expungement or sealing of the record, depending on your eligibility. It is essential to follow up with government agencies to ensure that the record is removed from public view.Database Cleanup: After the expungement or sealing is completed, you may need to request the removal of your information from private entities. If they do not comply, further legal action might be required. Without both steps, your criminal record can continue to appear in background checks, and some entities might still have access to it. For more details, read on: Who Can See Your Expunged Record in Florida? How To Remove Criminal Record from Background Check? Here are the steps on how to clear a criminal record from background checks: Step 1: Identify What’s on Your ReportRequest your background check from a prospective employer, landlord, or consumer reporting agency.Review the report carefully for any criminal entries, even charges that were dismissed, sealed, or expunged in the past.Step 2: Confirm Eligibility for Legal RemovalIn Florida, most criminal record removals require expungement or sealing.To qualify, your charge must have been dismissed, dropped, or not resulted in a formal conviction.Use our Free Eligibility Test to check if you qualify (only takes 2 minutes)Step 3: Obtain a Court Order for Expungement or SealingApply for the Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE)Complete the petition forms accurately and file them with the appropriate court in the county where the charges were filed.Once granted, your court order serves as legal proof that your record should be removed.For a detailed walkthrough of the process, see our Florida Expungement Guide.Step 4: Update State and Federal DatabasesProvide your court order to the FDLE and any other relevant state or federal agencies.This ensures official government repositories update or remove the record.Step 5: Contact Private Background Check CompaniesPrivate databases won’t update automatically; you must submit removal requests under the Fair Credit Reporting Act (FCRA).Step 6: Handle Non-Compliant WebsitesIf a website refuses to remove your record after you’ve provided proof of expungement or sealing:Use Google’s Removal Tools to request that outdated or harmful information be removed from search results.File a DMCA takedown if the site is publishing copyrighted content without permission (such as a mugshot photo you own the rights to).Pursue legal remedies under the Fair Credit Reporting Act (FCRA) or applicable Florida laws if the site continues to publish inaccurate or outdated criminal record information.Step 7: Verify RemovalRe-run your background check and conduct branded Google searches for your nameConfirm that the record has been deleted from government databases, private background check platforms, and major search engines. Our Florida Criminal Background Check Removal Services We take care of every step for you, ensuring that your record has never existed before.Legal Expungement or Sealing: Prepare and file court petitions for record removal.Private Database Cleanup: Contact and follow up with background check companies and data brokers.Mugshot Removal: Request deletion from third-party mugshot sites and deindex them from search engines when possible.FCRA Dispute Filing: Enforce your federal rights to remove outdated records.We offer flat-fee pricing, quick turnaround, and have the highest-rated expungement team in Florida. 5 Benefits of Cleaning Up Background Check Cleaning up your background check offers a multitude of benefits that can significantly impact your life, including the following:1. Improve Employment OpportunitiesClean background checks can open doors to better job prospects and career advancement, as employers often favor candidates with a spotless record.2. Enhance Housing Options​Landlords frequently conduct background checks when applying for rental properties. A clean record can significantly increase your chances of securing the desired housing, as landlords prefer tenants with a history of responsible behavior.3. Give You Peace of Mind​Knowing that your past won't hinder your future can provide a profound sense of security and peace of mind. You can pursue your goals and aspirations without worrying about your background holding you back.4. Rebuild Trust​Clearing your background check allows you to rebuild trust with family, friends, and colleagues who may have been concerned about your past. It's an opportunity to show that you've moved beyond previous mistakes and are committed to a positive future.5. Restore Legal RightsCleaning up your background check can also have legal benefits. It may restore certain civil rights, such as the right to vote or possess firearms, depending on the specific circumstances of your record clearance. How Long Does a Background Check Removal Take? Once your record is expunged or sealed, background check removal isn’t instant. Most cases take 2 to 6 weeks, depending on the number of private databases involved and how quickly they respond. Some may comply within days, while others can take over a month to process and confirm removal.It’s also important to consider that some companies may require additional follow-up or documentation to act. This is why working with an experienced attorney can significantly speed things up. Clear Your Background Check with Erase The Case At Erase The Case, we specialize in providing background check removal services in Florida. Our background check removal lawyers are dedicated to helping you clear background check and criminal record information, allowing you to move forward confidently.We understand the complexities of the legal system in Florida. ErasetheCase has a proven track record of assisting individuals like you in achieving a clean background check. Why Choose Us?Proven success in removing criminal records from background checksIn-depth knowledge of Florida expungement and sealing lawsDirect communication with major background check companies and data brokersPersonalized approach tailored to your unique situationTransparent, flat-rate pricing with no hidden feesOngoing monitoring to ensure your record stays cleanDon't let your past hold you back. Let us help clear your background check and secure a brighter future.Contact nowFree Case Assessment: Take The TestPhone: 1 (866) 372-7335Email: lawyer@erasethecase.com Clear your background check with ease! Proud to be the best background check removal service in Florida. Get Started FAQs Can You Clear a Background Check Without a Lawyer?​ While you can contact data brokers and background check companies to clear your record, it can be complex and time-consuming. Hiring a background check removal lawyer helps protect your rights under Florida law and the FCRA, ensuring effective navigation. Can you remove records that were already expunged? Yes. Many background check companies fail to update their databases after an expungement. We help enforce your legal rights to have them removed. Is background check removal permanent? Once removed from third-party databases, records are generally gone for good. However, we recommend periodic monitoring to ensure continued compliance. Do I need to go to court? Not usually. Our team handles the process outside of court in most cases. If legal enforcement is required, we’ll handle it on your behalf. #### Jacksonville Expungement Lawyer: How Your Record Can Be Expunged? A criminal record can follow someone for years, even after charges are dismissed or a case ends without a conviction. Employers, landlords, and licensing agencies routinely run background checks that reveal arrest records. In many situations, those records continue to appear long after a case has been resolved. Florida law allows certain individuals to remove an arrest record from public access through expungement. When a court grants expungement, the public record is destroyed and removed from background check databases. Only a confidential copy remains with law enforcement agencies for limited purposes. For residents of Northeast Florida, the legal process requires coordination with the Florida Department of Law Enforcement (FDLE) and the Jacksonville courts. Understanding the eligibility requirements and procedural steps is essential before filing a petition. This guide explains how expungement works, who qualifies, and why many people consult a Jacksonville expungement lawyer to complete the process correctly. Why People in Jacksonville Seek Expungement? An arrest record often creates long-term barriers even when charges were dismissed or never filed. Many people only discover the impact when applying for employment, housing, or professional licenses. Common situations include: Job applications that require criminal background checks. Rental housing applications that screen for arrest records. Professional licensing reviews for healthcare, finance, and education. Security clearance background investigations. Immigration or travel complications. In Jacksonville, background check reports typically pull information from: Florida Department of Law Enforcement databases. Duval County Clerk of Court. Third-party background screening companies Because these records are public, they can appear in databases for decades unless a court orders removal. Expungement offers a legal path to eliminate that record from public view. What Expungement Means Under Florida Law? Expungement is a legal process defined under Florida Statute §943.0585. The statute authorizes courts to order the destruction of certain criminal history records when a case ends without a conviction. Once a judge grants expungement: Most agencies destroy arrest records. Public databases remove the case. Background checks typically return no record found. Law enforcement agencies retain a confidential copy for investigative purposes, but the record is no longer available to employers or the general public. This distinction is important because expungement provides the highest level of record removal available in Florida. Expunge your criminal record with ease! We are proud to be the fastest expungement service in Florida. Get Started Eligibility for Expungement in Duval County Determining eligibility for expungement in Duval County is the first crucial step. According to Florida law, the following conditions must typically be met: No Prior Expungements or Sealings: An individual can only have one criminal record expunged or sealed in their lifetime. Previous expungements or sealings disqualify a person from another expungement. Eligible Offenses: Only specific offenses qualify for expungement. Generally, charges that were dismissed, dropped, or resulted in a not-guilty verdict can be considered. Certain serious offenses, such as sexual crimes, violent crimes, and certain drug offenses, are not eligible. Completion of Sentence: All court-ordered sentences, including probation, community service, and fines, must be completed before applying for expungement. Certificate of Eligibility: Before petitioning the court, an individual must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that the individual meets the basic eligibility requirements for expungement. Expungement Process in Duval County The expungement process in Duval County involves several steps and requires careful attention to detail. Here is an overview of the process: Obtain a Certificate of Eligibility Application: Complete the application for a Certificate of Eligibility from the FDLE. This includes submitting a completed fingerprint card and paying a processing fee of approximately $75. Supporting Documents: Provide certified copies of the disposition of the case. Review: The FDLE will review the application and, if approved, issue a Certificate of Eligibility. File a Petition for Expungement Filing: Once the Certificate of Eligibility is obtained, file a Petition to Expunge with the court that handled the original case. Documentation: Include the Certificate of Eligibility, a sworn statement attesting to the eligibility criteria, and other required documentation. Notification: Serve copies of the petition to the appropriate state attorney or prosecutor's office. Court Review and Hearing Review: The court will review the petition and may schedule a hearing. Hearing: At the hearing, the judge will consider whether expungement is in the best interest of justice. Order: If the court grants the petition, an order of expungement will be issued. Record Destruction Sealing/Destruction: Once the order is issued, the records will be sealed or destroyed according to the court's instructions. Legal Denial: The individual can then legally deny the existence of the expunged record in most circumstances. How Much Does Expungement Cost in Duval County? The cost of an expungement in Duval County, Florida, typically ranges from $995  to $2,500. This estimate includes attorney fees and court costs, though the exact price can vary depending on the specifics of your case and the attorney you hire. To get a precise quote and detailed information, it's advisable to consult with an expungement lawyer in Duval County. Why Should You Choose Our Duval County Expungement Lawyer? At Erase The Case, we are committed to providing top-notch expungement services in Duval County. Here's why you should choose us: Specialization in Florida Law: Our focus on Florida expungements means we have the specialized knowledge needed to navigate the local legal system effectively. Outstanding Success Rate: Boasting a 99.7% success rate, we offer proven results for our clients. Continuous Support: Benefit from 24/7 access to case updates and direct communication with your attorney, ensuring you stay informed throughout the process. To know if you are eligible for expungement, click here. Afterwards, we will reach out to you for free consultation! #### Leaving the Scene of An Accident in Florida (Penalties & Defense) Traffic accidents can be chaotic and disorienting events. In the aftermath, emotions run high, and individuals involved may not always make the best decisions. Unfortunately, leaving the scene of an accident, known as a hit and run, is a serious offense under Florida law. In this guide, we will uncover the intricacies of Florida Statutes Sections 316.061-316.063, exploring the definition of hit and run, the specific penalties outlined in Section 316.061, and the nuanced implications when injury or death is involved. What Is Leaving the Scene of An Accident in Florida? Leaving the Scene of An Accident in Florida outlines the legal framework for dealing with individuals who leave the scene of an accident. These statutes define the obligations of parties involved in a crash and the penalties for failing to fulfill these responsibilities. Section 316.061 outlines explicitly the obligation for a driver engaged in a collision to stay at the scene, furnish identification, and offer reasonable assistance to individuals harmed in the incident.Hit and run occurs when a driver involved in a collision fails to fulfill their legal obligations. These obligations include stopping at the scene, exchanging information with the other parties involved, and assisting those who may be injured. Fleeing the scene without fulfilling these responsibilities is a violation of the law. What Are the Penalties for Leaving the Scene in Florida? Florida Statute Section 316.061 outlines the penalties for fleeing a scene of an accident. The penalties' severity depends on the damage's extent and whether there are injuries or fatalities. In cases where the accident involves only property damage, leaving the scene is considered a second-degree misdemeanor, punishable by fines and potential imprisonment.When an accident injures someone, the offense is heightened to a third-degree felony. This is a more serious charge, and the penalties are substantially increased. A driver convicted of a third-degree felony hit and run could face significant fines, probation, and a lengthy prison sentence.In cases where the accident results in the death of a person, leaving the scene becomes a first-degree felony. The penalties for a first-degree felony are the most severe, including substantial fines and the potential for a lengthy prison sentence. What Are the Elements of Florida's Hit and Run Law? To understand hit and run laws in Florida, it's essential to examine the specific elements that constitute the offense. The key components include: Duty to Stop: Florida law requires drivers involved in a crash to stop immediately at the scene or as close as possible to the scene. Exchange of Information: After stopping, drivers must exchange information with the other parties involved in the crash. This includes names, addresses, vehicle registration numbers, and driver's license information if requested. Rendering Assistance: Drivers must provide reasonable assistance to anyone injured in the accident. This may involve arranging for medical help or transportation to a medical facility. Reporting to Law Enforcement: In certain circumstances, drivers are required to report the crash to law enforcement. This typically applies to accidents that result in injuries or fatalities. What Are the Defense Strategies for Leaving the Scene of an Accident? If you find yourself facing charges for leaving the scene of an accident, seeking legal guidance is imperative. Various defense strategies may be employed to navigate the legal complexities associated with hit and run cases: Lack of Knowledge: In some cases, the defense may argue that the driver was unaware of an accident. This could be relevant when the collision was minor and the driver did not perceive any immediate consequences. Emergency Circumstances: The defense may assert that the driver left the scene due to a genuine emergency, such as a medical crisis. While this does not excuse the failure to fulfill legal obligations, it could be a mitigating factor in the overall context of the case. Mistaken Identity: The defense may present evidence suggesting that the authorities have identified the wrong person as the responsible party. Eyewitness testimony, surveillance footage, or other corroborating evidence may be crucial in establishing an alibi. Fear or Intimidation: In some instances, drivers may leave the scene due to fear or intimidation, especially in situations involving road rage or threats from other parties involved in the accident. This could be a factor in the defense strategy, emphasizing the need for a thorough investigation into the incident's circumstances. Cooperation with Authorities: Demonstrating a willingness to cooperate with law enforcement and take responsibility for the actions can mitigate the legal process. Voluntarily reporting the incident to the police after realizing the mistake may be considered positive by the court. How Erase the Case Can Help Ready for a Fresh Start? Erase the Case specializes in expunging felony battery records in Florida. Take control of your future—minimize the impact of your past. Contact us today for a confidential consultation. FAQs Can you sue someone for hit-and-run in Florida? Yes, you can sue someone for a hit-and-run in Florida. Victims may pursue civil action to seek compensation for damages resulting from the incident.  How long does a hit-and-run stay on your record in Florida? The duration a hit-and-run stays on your record in Florida varies. It depends on factors such as the severity of the offense and any legal actions taken.  What type of crime is leaving the scene of an accident in Florida? In Florida, leaving the scene of an accident is considered a criminal offense. The severity of the crime is categorized as either a second or third-degree felony, depending on whether the accident involves injuries, fatalities, or only property damage.   How many points for leaving the scene of an accident in Florida? The number of points for leaving the scene of an accident in Florida depends on the circumstances. The Florida Department of Highway Safety and Motor Vehicles assigns points for traffic violations. #### Miami-Dade, FL Expungement Lawyer If you’ve been arrested in Miami, Florida, and want a fresh start, an experienced Miami expungement lawyer can help you clear your record and take back control of your future. At Erase The Case, we focus exclusively on record sealing and expungement in Florida. With years of experience and a track record of successful outcomes, we guide clients through the complex legal process with confidence and precision. Why Choose a Miami Expungement Lawyer from Erase The Case? Miami-Dade County has one of the highest arrest rates in the state, and many people with dismissed or outdated charges still face the burden of a public criminal record. Even if your case was dropped or you were found not guilty, your arrest can show up on background checks for jobs, housing, and licensing. Here’s why clients choose us: Exclusive Focus on Expungement & Record Sealing Fastest expungement lawyer in Miami-Dade and throughout Florida. Extensive Experience in Miami-Dade County Court System Flat Fees and Transparent Pricing Direct Access to an Attorney – No Call Centers More than 300 Five-Star Reviews on Google Reviews and Shopper Approved We know the process inside and out and can often help even if you’ve been told "it’s not possible." Contact us now at +1 866-372-7335 or take the free eligibility test here: Do I Qualify? What Clients in Miami Are Saying About Us We take pride in being the leading expungement lawyer in Miami. Our quality of service is validated by thousands of clients who have chosen us for their record expungement and criminal footprint removal. Here is what clients in Miami-Dade County are saying about our expungement and sealing services: Miami-Dade David Weisselberger and his staff were very professional, efficient and responsive. I got myself into a predicament and thanks to Erase the Case I feel more confident and comfortable with my new job search and an upcoming interview. This was a second chance for me and I am glad I found them. Thank you for successfully expunging my record. Miami-Dade The attorney was always in communication with me along with his paralegal. They were quick to resolve questions or concerns that came about the timeline and case information. I really appreciate how quickly the case was resolved. Miami-Dade David was amazing from the beginning- he answered me immediately, always responded with any questions or concerns I had so quickly, and addressed any hiccup or obstacles along the way without any delay. I highly suggest David and his team to resolve any issues you are having. Miami-Dade David and his team did exactly what they said they would and I'm so glad I picked them to do my expungement. They were helpful, quick to answer any questions I had, and handled the entire process in a way I wouldn't have ever imagined! Diana and David, thank you so much for your help during the process! Anyone looking for help, came to the right place Miami-Dade So glad I decided to hire ERASE THE CASE, after years of searching for a legit company and trying to do it myself I've given up on trying to clear my name. After finding E.T.C I thought I'd give it one more shot since I waited all this time & today I just go the call that my case has been erased! It didn't happen over night but my lawyer David communicated with via email the whole way! Would definitely recommend this company company to my family & friends! Miami-Dade My experience was managed in a very professional and timely way. Even from long distance (Mexico), things were communicated and dealt with correctly. Highly reccommend them. Thank you Miami-Dade Erase The Case is excellent! At the beginning, I was hesitant because I googled them and wasn't sure it was legit. But within 10 minutes, Attorney David contacted me and this turned out to be one of the best experiences I have had with any lawyer. He expunged my record is under 5 months. Everything he said happened just like he said it would. Thank youuu so much for all of your help. You and your team wore great. 10/10!!! Miami-Dade Attorney David Weisselberger and team at Erase the Case are exceptional! Going through this process during the pandemic, for me was very challenging, but David and team were reassuring and in constant contact throughout the process. If you are looking for an attorney, I highly recommend David and his team to represent you. Miami-Dade They were very helpful and helped right a wrong. It is never easy to be a victim of the legal system and a manipulative spouse. Erase the Case helped get rid of the issues associated with a lying police officer. Miami-Dade My experience with Erase The Case Law firm was excellent, the attorney "David and his assistant Dayana were truly professional, everything they told me was spot on from the start of my case to the end. The level of customer service was the best I have ever had, I am so glad to have chosen Erase The Case law firm and highly recommend them to anyone. Am I Eligible for Expungement or Record Sealing in Miami? To be eligible for expungement in Miami, Florida, the arrest or criminal charge must have been: Dismissed Nolle prossed (not prosecuted) Acquitted (found not guilty) To qualify for record sealing, you must have: A withheld adjudication (no formal conviction) No prior criminal convictions Not sealed or expunged a record in Florida before Certain charges, such as violent felonies or sex-related offenses, are not eligible for sealing or expungement, even if dismissed. Learn more about the requirements for Florida expungement and the disqualifying offenses in this article. FREE ELIGIBILITY TEST Only takes 2 mins to figure out whether you are eligible for expungement or sealing Get Started Miami Expungement Process: Getting Records Expunged with Ease To get records expunged in Miami, you need to follow a structured legal process that involves both state and local procedures. While the steps may seem complex, working with an experienced expungement lawyer ensures nothing is overlooked. For a full breakdown of the process across different jurisdictions, visit our Florida Expungement Process. Here’s how the process works in Miami: Free Consultation: We assess your eligibility and review your case history. Obtain a Certified Disposition: This document is obtained from the Miami-Dade Clerk of Courts and shows the outcome of your case. Fingerprinting and Notarization: Florida law requires a fingerprint card and a notarized application for expungement. Submit Application to FDLE: The Florida Department of Law Enforcement reviews and issues a Certificate of Eligibility. File Petition in Miami-Dade Circuit Court: Once the certificate is issued, we file your expungement petition with the local court. Court Review and Final Order: If the judge approves your petition, an official order will be entered to expunge or seal your record. Our firm handles each of these steps on your behalf to ensure accuracy and speed, helping you move toward a clean slate with confidence. Get Started Benefits of Expunging Your Record in Miami Getting your record expunged in Miami can change your life. Benefits include: Improved Employment Opportunities Better Housing Prospects Peace of Mind Clean Slate Whether you’re applying for a job in Brickell, leasing an apartment in Coral Gables, or renewing a professional license in Downtown Miami, clearing your record can open new doors. Trusted Miami Florida Expungement Lawyer - Erase The Case A criminal record, no matter how minor or how long ago, can cast a long shadow over your life. If you're ready to leave the past behind, working with a knowledgeable Miami expungement lawyer is the first and most important step. At Erase The Case, we focus exclusively on Florida record sealing and expungement, and we have helped countless clients in Miami-Dade County move forward with a clean slate. Whether your arrest occurred in Downtown Miami, South Dade, or anywhere in between, we know the local court procedures, judges, and clerks. This regional insight allows us to navigate the system efficiently and advocate effectively on your behalf. We do not outsource your case or hand you off to a call center. You will work directly with an experienced attorney who understands the stakes. Don’t let a past mistake define your future. The sooner you act, the sooner you can move forward. Call us today or fill out our online form for a free eligibility review. 📞 Call Now: +1 866-372-7335 📄Take Free Eligibility Test: Here 📩 Need legal help? Email us: lawyer@erasethecase.com How Our Lawyer in Miami Solved Special Cases As the top expungement lawyer in Miami, we specialize in expunging and sealing even the most challenging cases. See below for more details: #### No Contact Order in Florida | Definition & Penalties A No Contact Order in Florida, often referred to as a restraining order, is a legal safeguard designed to protect individuals from domestic violence, harassment, or any form of threatening behavior. This vital legal instrument acts as a shield, ensuring the safety and security of those who have been subjected to assault, battery, or any other form of abuse. In this comprehensive exploration, we will delve into the intricacies of No Contact Orders in Florida, including what they entail, the process of obtaining and lifting them, the prohibitions they impose, and the penalties for violation of No Contact Order. Note Erase the Case can help you erase violations of 'no contact' orders from your background check as part of our expungement and sealing services, however, we do not represent defendants with their open criminal cases. If your criminal case is still open and pending resolution, you will need to find a criminal defense lawyer to try and lift orders of 'no contact.' Once the criminal case closes and the record remains public, Erase the Case can help you expunge or seal your criminal record along with the 'no contact' order. × What Is a No Contact Order in Florida? According to Florida Statue 741.30, A No Contact Order in Florida is a judicial mandate restricting an individual from having any form of contact with another person. These orders are primarily issued in cases involving domestic violence, harassment, assault, or battery. The purpose is to guarantee the safety and welfare of the victim by preventing the offender from coming into proximity or engaging in communication with them. Penalties for Violating a No Contact Order Violating a No Contact Order in Florida is a grave offense. Such violations are classified as first degree misdemeanors, leading to severe penalties. Individuals found guilty may face fines, probation, mandatory counseling, or incarceration. Looking For A Expungement Lawyer? We are proud to be the 5-star expungement service in Florida Get A Free Consultation When Will the No Contact Order be Approved? No Contact Orders are typically approved by a judge when there is substantial evidence of domestic violence, harassment, or threats. The court assesses the situation, considering the victim's safety, and grants the order of protection to ensure them from further harm. What The Restraining Order Prohibits? A No Contact Order imposes several prohibitions on the individual against whom it is issued. These restrictions commonly include:No direct or indirect contactThe order prohibits any form of communication, including in-person meetings, phone calls, text messages, emails, or social media interactions.Physical proximityThe restrained person may be required to maintain a certain distance from the protected party, encompassing locations like the victim's home, workplace, or school.No third-party contactThe order can prevent the restrained individual from using intermediaries or other people to contact the protected party. How Are No Contact Orders Monitored? To obtain a No Contact Order in Florida, the victim generally follows these steps:Step 1: Notify Law Enforcement AuthoritiesReport the incident to the police, supplying them with all relevant information and evidence.Step 2: Visit the CourthouseGo to the local courthouse and request a restraining order. Initially, a temporary order may be issued, followed by a hearing.Step 3: Attend the hearingBoth parties present their cases, and the judge decides whether to issue a permanent No Contact Order based on the evidence and arguments. How To Get a No Contact Order Dropped in Florida So, how can a victim get a no contact order lifted? A No Contact Order in Florida can be lifted when circumstances change, but the process must be approached carefully. Begin by assessing your reasons and seeking legal counsel. For this matter, don’t hesitate to contact Erase the Case. Great experience, money well spent and super attentive with every last detail! David and his staff was outstanding in every way. If I could give them 10 stars, I would. They surpassed my every expectation. David Weisselberger, the main attorney for the firm even called me a handful of times simply to keep me up to date. Would this ever have happened with another firm – probably not! If the need arises, go with “Erase the Case”! You’ll be glad you did. Jeff Baker ⭐⭐⭐⭐⭐ David Weisselberger is the man! You want when you need a clean slate. He took my case and in less than 3 months everything was erased. He erased the case. No mess, No fuss. Constant contact the whole way. Please don't let these problems hold you back from getting everything you deserve in life. Call today! Talk to David. You will be very happy you did.. Thanks David you changed my life for the better. Paul Stone ⭐⭐⭐⭐⭐ Review the order's terms and communicate with the protected party to ensure their comfort. Gather evidence to support your case and file a motion with the court to request modification or termination. Attend a court hearing where both parties present their arguments and respect the court's decision. Compliance is crucial if the order is dropped. Sometimes, counseling or mediation may be required before its removal, so follow any such mandates.Also read: What Is Battery On A Police Officer? How Our Attorney Can Help? Navigating the complexities of No Contact Orders requires legal expertise. Our experienced attorneys can offer invaluable assistance in understanding the legal process, building a robust case, and ensuring that the rights of the parties involved are protected. If you are dealing with a No Contact Order, seek Erase the Case now. Expunge Your Misdemeanor with EraseTheCase Handled by one of the top 1% expungement lawyer in Florida Explore Now! FAQ What is the Statute for a No Contact Order in Florida?The statute governing No Contact Orders in Florida is Florida Statute 741.30, defining the legal framework for these orders.How Long Does a No Contact Order Last in Florida?The duration of a No Contact Order varies and depends on the specific circumstances of the case. These orders can be temporary or permanent, often with provisions for renewal or modification.What if the Victim Violates the No Contact Order Florida?Violations by the victim are taken seriously, similar to infringements by the restrained individual. The court considers all breaches, ensuring both parties adhere to the order's terms.Does a No Contact Order Go Both Ways?Yes, in some cases, both parties may have No Contact Orders issued against each other. These bilateral orders prohibit all forms of contact between the parties involved. Compliance with these orders is essential to avoid legal consequences. #### Orange County Expungement Lawyer Expungement offers individuals a second chance by clearing eligible criminal records and providing a fresh start. In Orange County, understanding the expungement process, eligibility criteria, and costs involved is essential for those seeking to have their records expunged. This guide provides a detailed overview to help you navigate the complexities of expungement in Orange County. Record Sealing & Expungement in Orange County Expungement in Orange County refers to the legal process of sealing or erasing a criminal record, making it inaccessible to the public and most employers. This process can significantly impact an individual's ability to obtain employment, secure housing, and rebuild their reputation. Expunge your criminal record with ease! We are proud to be the fastest expungement service in Florida. Get Started Eligibility for Expungement in Orange County Determining eligibility for expungement in Orange County is the first crucial step. According to Florida law, the following conditions must typically be met:No Prior Expungements or Sealings: An individual can only have one criminal record expunged or sealed in their lifetime. Previous expungements or sealings disqualify a person from another expungement.Eligible Offenses: Only specific offenses qualify for expungement. Generally, charges that were dismissed, dropped, or resulted in a not-guilty verdict can be considered. Certain serious offenses, such as sexual crimes, violent crimes, and certain drug offenses, are not eligible.Completion of Sentence: All court-ordered sentences, including probation, community service, and fines, must be completed before applying for expungement.Certificate of Eligibility: Before petitioning the court, an individual must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that the individual meets the basic eligibility requirements for expungement. Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started Expungement Process in Orange County The expungement process in Orange County involves several steps and requires careful attention to detail. Here is an overview of the process:Obtain a Certificate of EligibilityApplication: Complete the application for a Certificate of Eligibility from the FDLE. This includes submitting a completed fingerprint card and paying a processing fee of approximately $75.Supporting Documents: Provide certified copies of the disposition of the case.Review: The FDLE will review the application and, if approved, issue a Certificate of Eligibility.File a Petition for ExpungementFiling: Once the Certificate of Eligibility is obtained, file a Petition to Expunge with the court that handled the original case.Documentation: Include the Certificate of Eligibility, a sworn statement attesting to the eligibility criteria, and other required documentation.Notification: Serve copies of the petition to the appropriate state attorney or prosecutor's office.Court Review and HearingReview: The court will review the petition and may schedule a hearing.Hearing: At the hearing, the judge will consider whether expungement is in the best interest of justice.Order: If the court grants the petition, an order of expungement will be issued.Record DestructionSealing/Destruction: Once the order is issued, the records will be sealed or destroyed according to the court's instructions.Legal Denial: The individual can then legally deny the existence of the expunged record in most circumstances.The expungement process in Florida is complex and time-consuming. For better understanding, read on: Florida Expungement Process: Expert Step-by-step Guide Clear Your Orange County Record with Erase The Case At Erase The Case, we are your best choice for expunging criminal records in Orange County. Here's why:Exclusive Florida Focus: Our practice is dedicated solely to Florida expungements, ensuring top-tier expertise.Exceptional Success Rate: With a 99.7% success rate, we provide reliable and effective service.Client-Centered Approach: Enjoy 24/7 access to your case updates and direct communication with your attorney, ensuring constant support and transparency.We’re Here When You’re ReadyCall Us: 1 (866) 372-7335Email: lawyer@erasethecase.comFree Evaluation: Start HereAlso read: Trusted Expungement Lawyer in Orlando, Florida. #### Petit Theft in Florida (Definition, Penalties & Defense) Petit theft, or petty theft, is the intentional appropriation of property valued at $750 or less without the owner's consent, defined by Florida Statute 812.014. This statute outlines the offense as deliberately depriving the owner of property for personal gain, obstructing its intended use. The unauthorized taking is a crucial element, with a $750 financial threshold. This legal framework applies to scenarios like shoplifting. Petit theft inflicts financial loss and violates the owner's property rights. Understanding these intricacies, as outlined in Florida Statute 812.014, is vital for legal proceedings, anticipating penalties, and devising effective defense strategies in Florida. What Is Petit Theft in Florida? Petit theft occurs when an individual intentionally deprives the rightful owner of property valued at $750 or less without their consent. The act of depriving involves taking or using the property for personal gain, depriving the owner of its use or benefit. What Are the Elements of Petit Theft in Florida? For a charge of petit theft to be substantiated, certain elements must be present:Value of the Stolen Property: The property taken must have a value of $750 or less. If the value exceeds this threshold, the offense may be classified differently.Intent to Deprive: The offender must intend to either permanently or temporarily strip the owner of their property.Unauthorized Taking: The act must involve taking the property without the owner's consent. What Are the Penalties for Petit Theft in Florida? The penalties for petit theft in Florida are contingent on the value of the stolen property and the individual's criminal history.Second Degree MisdemeanorPetit theft is typically categorized as a second-degree misdemeanor when the stolen property's value is $750 or less. Potential consequences could involve a maximum of 60 days of incarceration and fines capped at $500.First Degree Petit TheftIn cases where an individual has previously been convicted of theft, a subsequent offense may be elevated to a first-degree misdemeanor. This could result in heightened penalties, with a maximum penalty of one year imprisonment and fines not surpassing $1,000.Felony Petit TheftIf the value of the stolen property falls within the range of $750 to $5,000, the offense could be classified as a felony petit theft. Felony petit theft is a third-degree felony, carrying more severe consequences, including up to 5 years in prison and fines not exceeding $5,000. What Are the Defenses of Petit Theft in Florida? Several defenses may be employed to challenge petit theft charges:Lack of IntentIf the accused can demonstrate that there was no intent to permanently or temporarily deprive the property owner, this may serve as a defense.Mistaken IdentityIf there is reasonable doubt about the perpetrator's identity, a defense strategy may involve arguing mistaken identity.ConsentIf the owner gave consent for the accused to take the property, it could be a valid defense against petit theft charges.Property Ownership DisputeIn cases where there is a genuine dispute over property ownership, it may be used as a defense. How Erase The Case Can Help Explore options for case expungement. Contact us for specialized assistance navigating legal complexities and finding a favorable resolution. We are committed to aid you expunge your cases and minimize the long-term impact. Don't let legal challenges linger – visit Erase the Case today to understand how we can assist you in expungement. FAQ How do I get a petty theft charge dropped in Florida?Getting a petty theft charge dropped in Florida may involve legal strategies such as negotiating with the prosecution, presenting evidence that weakens the case against you, or proving a lack of intent. Consulting with an experienced attorney is essential to explore the best course of action for your specific situation.What is the difference between petit theft and theft in Florida?The primary distinction lies in the value of the stolen property. Petit theft involves property valued at $750 or less, while theft encompasses a broader range of values. The penalties and classification of the offense vary based on the value of the stolen property.Can you go to jail in Florida for petty theft?Individuals convicted of petit theft in Florida can face jail time, especially for repeat offenses or cases involving higher values of stolen property. The incarceration duration depends on the offense's classification, ranging from 60 days for a second-degree misdemeanor to up to 5 years for a third-degree felony. #### Possession of Cocaine in Florida: Penalties, Defenses & Expungement In drug offenses, few infractions carry the weight and gravity of cocaine possession in Florida. It's not merely a crime; it's a third-degree felony, potentially leading to a maximum of 5 years in prison.  This controlled substance, defined under Florida Statute 893.13.6a, brings intricate legal nuances into sharp focus. The legal intricacies, potential penalties, and available defenses are crucial when confronting such charges. This guide is your compass through these complex waters, providing essential understanding for the journey ahead.  Join us as we skillfully navigate the intricate landscape of cocaine possession charges in Florida, ensuring your rights are protected! Possession of Cocaine in Florida? Possession of cocaine in Florida refers to the unlawful ownership, custody, or control of this controlled substance. Under the Florida Statutes, Chapter 893, § 893.13, cocaine possession is categorized as a third-degree felony. This means that if you are found in possession of cocaine, you could face severe legal consequences. Under Florida law, the penalties for possession of cocaine include a maximum of 5 years of imprisonment and fines of up to $5,000. This makes it essential to grasp the seriousness of this offense and the potential impact on your life. Penalties for Possession of Cocaine in Florida Being caught with cocaine in Florida can result in severe consequences that can disrupt your life. State laws determine these consequences and can change based on your specific situation. It's important to understand these potential penalties when facing such charges. Third-Degree Felony Possession of cocaine in Florida is classified as a third-degree felony. This classification alone underscores the gravity of the offense. A third-degree felony is a serious criminal charge with far-reaching implications. Maximum Five-Year Prison Sentence If convicted of possession of cocaine, you could potentially face a maximum prison sentence of up to five years. This means that you may be separated from your family, job, and daily life for a substantial period, which can have lasting consequences on your personal and professional life. If you need help, seek help from an experienced attorney now.  Fines of Up to $5,000 In addition to the prison sentence, you may be subjected to fines. The maximum fine for possession of cocaine in Florida can go up to $5,000. These fines can add to the financial burden and stress associated with the legal process. It's essential to recognize that these penalties depend on factors such as prior criminal history, the quantity of cocaine in your possession, and whether the prosecution alleges intent to distribute or sell the drug. Additionally, Florida law provides for mandatory minimum sentences in certain situations, which can further intensify the penalties. Defenses for Possession of Cocaine in Florida When facing possession of cocaine charges in Florida, it's essential to understand that you have legal options and defenses to protect your rights. Here are some key defenses that may be available to you: Lack of Knowledge If you were unaware that the substance in your possession was cocaine, you may have a valid defense. Proving that you did not know the illicit nature of the substance can be a challenging but effective defense. This defense is particularly relevant when you may have been near the cocaine without knowing it was present. Illegal Search and Seizure The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. If law enforcement officers conduct illegal search and seizure when obtaining the cocaine as evidence, it may be possible to have the evidence suppressed. In such cases, the evidence may be deemed inadmissible in court, potentially leading to a dismissal of the charges. Valid Prescription If you have a valid prescription for a medication that contains cocaine or a related substance, this can serve as a strong defense against possession charges. It's essential to provide clear and documented evidence of the prescription and that you were using the substance as directed by a medical professional. Constructive Possession In some cases, it may be challenging for the prosecution to prove that you had actual, physical possession of the cocaine. Constructive possession may be claimed if the cocaine was not found directly on your person but in an area or property you share with others. Proving constructive possession can be complex, and it requires a thorough examination of the circumstances. How Our Attorney Can Help When facing charges related to cocaine possession, it is crucial to seek the counsel of a knowledgeable criminal defense attorney. And if we are talking about a criminal defense attorney, Erase the Case is here for you. Our expert attorneys can evaluate the specific details of your case, investigate potential defense strategies, and endeavor to reduce the potential penalties you may face.  It's essential to recognize that drug-related offenses, such as possessing cocaine, may result in additional consequences, including a criminal record that could hinder your future job prospects and educational pursuits. Understanding the potential penalties and taking proactive measures to safeguard your legal rights is essential for effectively navigating the legal system while minimizing the long-term impact on your life. If you require assistance, please don’t hesitate to contact us now! FAQ How much cocaine is a felony in Florida? In Florida, any amount of cocaine possession is classified as a felony offense. How many grams of cocaine is considered trafficking in Florida? The quantity of cocaine required for a trafficking charge varies depending on the specific weight thresholds outlined in Florida law. Generally, it is a substantial amount that leads to trafficking charges. What is the mandatory minimum for cocaine in Florida? The mandatory minimum sentence for cocaine-related offenses in Florida can differ depending on various factors, including the quantity of cocaine and prior criminal history. How long do you go to jail for drug possession in Florida? The length of incarceration for drug possession in Florida varies based on the specific offense, the amount of the controlled substance, and any previous convictions. It is essential to consult legal counsel to understand the potential jail time associated with your specific case. #### Possession of Drug Paraphernalia in Florida (Penalties & Defense) The possession of drug paraphernalia is a grave matter in Florida, governed by the stringent regulations outlined in Florida Statute Section 893.145. Recognized as a first-degree misdemeanor, being charged with possession of drug paraphernalia can result in severe consequences. This article delves into the legal intricacies surrounding this offense, shedding light on whether or not is drug paraphernalia a felony, as well as its potential penalties and defenses.If you find yourself confronted with allegations related to drug paraphernalia possession, understanding the gravity of the situation and exploring viable defense strategies becomes paramount. Stay informed as we navigate the implications within the confines of Florida law. What Is Drug Paraphernalia Possession in Florida? Possession of drug paraphernalia in Florida refers to the act of possessing items used for manufacturing, cultivating, packaging, storing, or consuming illegal drugs. The state has stringent laws aimed at curbing drug-related activities, and the possession of paraphernalia is treated as a first degree misdemeanor.Florida Statute Section 893.145 addresses drug paraphernalia offenses, encompassing items used in the cultivation, consumption, or distribution of controlled substances. The statute defines drug paraphernalia broadly and prohibits various activities, including the sale, delivery, and possession of such items. Florida Statute Section 893.147, furthermore, prohibits the use, possession, manufacture, and delivery of drug paraphernalia. It criminalizes the advertising and retail sale of specific drug-related items and addresses the possession of certain machines and materials used in drug manufacturing. Elements of Possession of Drug Paraphernalia in Florida Certain elements must be present to be charged with possession of drug paraphernalia in Florida. These elements typically include the following:Knowledge and IntentFacing charges for drug paraphernalia possession in Florida entails individuals being accused of consciously and willingly holding objects linked to drug-related activities.Possession of Drug-Related ItemsThe presence of objects specifically designed or commonly used for manufacturing, cultivating, packaging, storing, or consuming illegal drugs constitutes a key element.Willful Use or Intent for Drug UseThe items in possession must have a clear connection to drug-related activities, indicating either current or intended use of illegal substances. Penalties for Possession of Drug Paraphernalia The legal consequences for possessing drug paraphernalia in Florida can be substantial. Categorized as a first-degree misdemeanor, those found guilty of this offense may encounter a sentence of up to one year in jail, coupled with fines reaching $1,000. A probation for 12 months may also be ordered. Beyond the immediate consequences, a misdemeanor conviction can have lasting effects, including establishing a criminal record that may impact employment opportunities and other aspects of one's life. It is crucial to recognize the severity of these penalties and seek legal counsel promptly to explore potential defenses and mitigate the consequences of such charges in the Sunshine State. Defenses for Possession of Drug Paraphernalia in Florida Several defenses may be employed to challenge a possession of drug paraphernalia charge in Florida. Some common defenses include:Lack of KnowledgeArguing that the accused was unaware of the drug-related nature of the items in their possession can be a valid defense.Mistaken IdentityIf evidence suggests that the paraphernalia did not belong to the accused or were misidentified, a defense based on mistaken identity may be employed.Legitimate PurposeDemonstrating that the items had a lawful purpose unrelated to drug use, such as for tobacco or legal substances, can be a viable defense.Unlawful Search and SeizureA successful defense approach requires a careful examination of the lawfulness surrounding the search and seizure that uncovered the paraphernalia.Violation of Constitutional RightsAsserting that the defendant's constitutional rights were violated during the arrest or investigation may form the basis of a defense strategy. How Our Attorney Can Help Our attorneys specialize in guiding individuals through the intricate process of expungement after a drug paraphernalia possession charge in Florida. We meticulously evaluate your case, determine eligibility, and adeptly handle the necessary paperwork. We provide assertive court representation if needed, emphasizing rehabilitation and the pursuit of a clean slate. Our advocacy extends beyond the courtroom, supporting your rights and facilitating a successful expungement. With our assistance, you not only navigate the legal complexities but also gain the opportunity for a fresh start, unburdened by the implications of a past charge on your record. FAQ How Bad is a First-Degree Misdemeanor in Florida?A first-degree misdemeanor in Florida is a serious offense, punishable by up to one year in jail and fines of up to $1,000. It can have lasting consequences, including a criminal record, which may impact employment and other aspects of one's life.Is Possession of a Controlled Substance a Felony in Florida?Possession of a controlled substance in Florida can be charged as either a misdemeanor or a felony, depending on the type and amount of the substance. Felony charges often result in more severe penalties, including longer jail sentences and higher fines.What is Paraphernalia in Simple Terms?In simple terms, paraphernalia refers to objects or equipment associated with a particular activity. In the context of drug offenses, drug paraphernalia includes items used for the cultivation, consumption, or distribution of illegal substances. #### Possession of Marijuana in Florida (Penalties, Defense, & Expungement) In the multifaceted legal terrain of marijuana possession in Florida, understanding the nuances of possession, potential penalties, and available defenses is crucial. This article delves into the intricacies of possession, shedding light on the potential penalties individuals may face and the array of defenses available to them. Whether it's the possession of 20 grams of marijuana or being involved in cannabis-related incidents, this exploration aims to provide a thorough understanding of the legal framework surrounding marijuana possession in Florida. What Is Possession of Marijuana in Florida? According to Florida Statute Section 893.13(6) Possession of marijuana in Florida refers to the knowing or intentional control of the substance within the state's legal jurisdiction. This legal concept encompasses various degrees and consequences based on the quantity of marijuana involved. In Florida, a standard threshold for possession charges is the possession of 20 grams of weed or less, serving as a pivotal factor in determining the severity of legal repercussions.The act of possession involves both knowledge and intent, implying that individuals are aware of the presence of marijuana and intentionally exercise control over it. This can manifest in various scenarios, from having marijuana on one's person to controlling it within a residence or vehicle. What Are Penalties for Cannabis Possession in Florida? The penalties for possession of cannabis in Florida vary depending on several factors, primarily the quantity of marijuana in possession. The state classifies marijuana possession as a first-degree misdemeanor, and the severity of the punishment is influenced by the amount involved.Possession of 20 Grams of Weed or LessConsidered a first-degree misdemeanor.Penalties include fines of up to $1,000.Possibility of up to one year of probation.The individual may face incarceration for a period of up to one year.Possession of More than 20 GramsConsidered a more serious offense.The penalties escalate with larger quantities.Fines can increase significantly, and the potential for longer probation or incarceration becomes more likely.Subsequent OffensesRepeated offenses may lead to enhanced penalties.Subsequent convictions for possession of cannabis may result in increased fines, longer probation periods, or extended periods of incarceration.Drug Diversion ProgramsIndividuals confronting initial possession charges may qualify for diversion initiatives, allowing them to sidestep a criminal record. This involves fulfilling specific requisites like engaging in community service or participating in drug education programs. What Are Defenses to Possession of Marijuana? Defenses to charges of marijuana possession in Florida can differ depending on individual case circumstances. Consulting a qualified attorney is essential for determining the most appropriate defense strategy. Several common defenses include:Unlawful Search and SeizureDisputing the legality of the search that uncovered marijuana is a defense strategy. If law enforcement is found to have violated the individual's Fourth Amendment rights, any evidence obtained may be considered inadmissible in court.Lack of KnowledgeDemonstrating that the individual was unaware of the presence of marijuana. If the prosecution cannot establish knowledge, a vital element of the offense is not satisfied.Constructive Possession DisputeArguing against the concept of constructive possession, which implies control over an area where marijuana is found. Challenging the prosecution's ability to link the individual to the marijuana can be a defense strategy.Medical NecessityIn some instances, individuals with a valid medical need for marijuana may present a defense. While medical marijuana is legal in Florida for qualified patients, strict regulations apply.Crime Lab AnalysisChallenging the reliability of the crime lab analysis that determined the substance was marijuana. Issues with the testing process or chain of custody may undermine the prosecution's case.Illegal Search of a VehicleIf marijuana is discovered during a vehicle search, challenging the legality of the search can be a defense. Law enforcement must have a valid reason to search without a warrant.EntrapmentArguing that law enforcement induced the individual to possess marijuana, and they would not have done so otherwise.Insufficient QuantityIn cases where the amount of marijuana is near the legal threshold for misdemeanor charges, challenging the accuracy of the weight measurement can be a defense strategy. How Erase The Case Can Help Erase the Case extends invaluable assistance to individuals facing convictions by providing specialized services, including expunging criminal records. Following a conviction, Erase the Case guides individuals through expunging their criminal records to erase or seal the conviction from public access. This service is particularly beneficial for those seeking a fresh start and opportunities unhindered by the stigma of a criminal record. FAQ Is it legal to possess marijuana in Florida?Generally, marijuana possession is illegal in Florida, with some exceptions for medical use under specific conditions.Is marijuana a controlled substance in Florida?Indeed, marijuana is classified as a controlled substance in Florida, and its possession is subject to stringent regulations outlined in state law.How many marijuana plants constitute a felony in Florida?The cultivation of marijuana plants is considered a felony, and the severity of the charge is contingent on the number of plants involved.How much marijuana constitutes a misdemeanor in Florida?Possession of 20 grams or less is typically categorized as a misdemeanor in Florida, representing a lower threshold for legal consequences. #### Pricing Home Every individual's criminal record is unique, and the expungement process varies for each case. Erase The Case provides the fastest and most professional expungement services in Florida, tailored for the digital age. Discover our expungement packages below: ERASE PRO Expedited expungement with expert legal care $ 1,495 Expedited 3-5 Month Expungement Expert Legal Team Attorney Appearance in Court Real-Time Case Updates Tier 1 People Finder Defense x2 Certified Copies of Court Order Attorney Court Record Review & Strategy Analysis Personalized EraseTheCase™ Expungement Packet Post-Expungement Rights Guide GET STARTED ERASE PRO+ Includes strategic legal reputation support $ 2,495 Expedited 3-5 Month Expungement Mugshot Removal (up to 5) Attorney Letter in Support of Passing Background Check Post-Expungement Rights Guide Tier 2 People Finder Defense Expert Expungement Support Team Mugshot Search Engine Defense (i.e., Google, Bing...) Data Broker Removal GET STARTED POPULAR ERASE ULTIMATE Most powerful expungement-clearing package $ 4,995 Expedited 3-5 Month Expungement Mugshot Removal (up to 10) Attorney Letter in Support of Passing Background Check Attorney Consult for Background Checks Tier 3 People Finder Defense Contested Hearings Extraordinary Work-Product Mugshot Search Engine Defense (i.e., Google, Bing...) Data Broker Removal GET STARTED Expunge Now, Pay Later Low on cash? Need a payment plan? Problem solved. 01 Expunge Now, Pay Later Erase The Case now offers Expunge Now, Pay Later™. A transparent, flexible, and fair payment option. 02 Affirm Is The Smartest Way No hidden fees or penalties of any kind, ever. You choose the payment schedule that works for you. 03 An Affordable Solution Affirm tells you upfront the total amount you'll pay. Get the expungement you need without breaking your budget. GET STARTED *Image above is solely for demonstration purposes. **Your rate will be 0% APR or 10-30% APR based on credit and is subject to an eligibility check. Payment options through Affirm are provided by these lending partners: affirm.com/lenders. Options depend on your purchase amount, and down payment may be required. ***Your credit score will not be affected when you check your eligibility with Affirm. #### Privacy Our Privacy One of Erase The Case's main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by the website and how we use it.If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.This privacy policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in Erase The Case. This policy is not applicable to any information collected offline or via channels other than this website.ConsentBy using our website, you hereby consent to our Privacy Policy and agree to its terms.Information We CollectThe personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.When you register for an account, we may ask for your contact information, including itemssuch as name, company name, address, email address, and telephone number.How We Use Your InformationWe use the information we collect in various ways, including to:Provide, operate, and maintain our websiteImprove, personalize, and expand our websiteUnderstand and analyze how you use our websiteDevelop new services, features, and functionalityCommunicate with you, either directly or through one of our partners, including for customerservice, to provide you with updates and other information relating to the website, and formarketing and promotional purposesSend you emailsSend you SMS textsFind and prevent fraudLog FilesWe do not share or sell SMS opt-in, or phone numbers for the purpose of SMS.Erase The Case follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this as a part of their hosting services' analytics. The information collected by log files includes internet protocol (IP) addresses, browser type,Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users'movement on the website, and gathering demographic information.By providing your phone number and clicking 'Submit,' you consent to receive SMS messages from an Erase The Case Lawyer for a free consultation or promotional offer. Message and data rates may apply. Reply 'STOP' to opt out at any time.*If you experience any issues with receiving SMS text messages after writing 'STOP,' please email us at lawyer@erasethecase.com for additional support.Cookies and Web BeaconsLike any other website, Erase The Case uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.Doubleclick DART CookieGoogle is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to this website and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/adsSome of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.• Google: https://policies.google.com/technologies/adsGDPR Privacy Policy ( Data Protection Rights)We would like to make sure you are fully aware of all of your data protection rights. Every useris entitled to the following:The right to access – You have the right to request copies of your personal data. We maycharge you a small fee for this service.The right to rectification – You have the right to request that we correct any information youbelieve is inaccurate. You also have the right to request that we complete the information youbelieve is incomplete.The right to erasure – You have the right to request that we erase your personal data, undercertain conditions.The right to restrict processing – You have the right to request that we restrict the processingof your personal data, under certain conditions.The right to object to processing – You have the right to object to our processing of yourpersonal data, under certain conditions.The right to data portability – You have the right to request that we transfer the data that wehave collected to another organization, or directly to you, under certain conditions.If you make a request, we have one month to respond to you. If you would like to exercise anyof these rights, please contact us.Children's InformationAnother part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.Erase The Case does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.QuestionsIf you have any questions about this Privacy Policy, please contact us: lawyer@erasethecase.com. #### Property Crimes Expungement - Erase The Case Expunging Property Crime Cases in FloridaFlorida's diverse landscapes are not immune to the shadows cast by property crimes. From burglary to vandalism, the Sunshine State contends with a spectrum of offenses that impact communities statewide. This investigation thoroughly explores the details of property crimes, unveiling the legal intricacies individuals encounter by peeling away the layers. Understanding the gravity of such charges is vital, whether in bustling cities or quiet neighborhoods. This sets the stage for acknowledging an expert attorney's crucial role in constructing a robust defense strategy tailored to the unique aspects of property crime cases.Trespassing Laws In FloridaCriminal Mischief FloridaPossession Of Burglary ToolsCriminal Mischief FloridaFacing property crime allegations in Florida demands the expertise of a seasoned attorney. The consequences, spanning from fines to potential incarceration, highlight the severity of such charges. An adept attorney serves as a crucial ally, proficient in navigating legal intricacies, safeguarding individual rights, and strategically working towards minimizing potential fallout. When grappling with the challenges posed by property-related legal issues, consulting a knowledgeable attorney ensures a comprehensive understanding of the case and an unwavering advocate committed to securing the best possible resolution. #### Public Order Obstruction Expungement Expunging & Sealing Public Order Obstruction Cases in FloridaFlorida's usually vibrant streets can witness the legal complexities of public order obstruction. From protests to disturbances, the Sunshine State navigates a delicate balance between individual rights and maintaining public peace. This exploration dives into the intricacies of public order obstruction, unraveling the legal nuances individuals may face in such cases. Understanding the gravity of these charges is essential in urban hubs or suburban tranquility. This lays the groundwork for recognizing an expert attorney's indispensable role in constructing a comprehensive defense strategy tailored to the unique dynamics of public order obstruction cases.Fleeing And Eluding FloridaResisting Officer Without ViolenceTampering With Evidence FloridaFlorida Disorderly ConductConfronting allegations of public order obstruction in Florida necessitates the expertise of a seasoned attorney. The consequences, ranging from fines to potential incarceration, underscore the gravity of such charges. A proficient attorney becomes an essential ally, adept at navigating the legal intricacies, safeguarding individual rights, and strategically working towards minimizing potential repercussions. When dealing with the legal challenges surrounding public order issues, consulting a knowledgeable attorney ensures a thorough understanding of the case and a staunch advocate dedicated to securing the best possible resolution within the bounds of the law. #### Record Sealing & Expungement Lawyer in Pensacola, FL You do not have to live with a criminal record that hinders you from a promotion or entering a prestigious university. Get your record sealed and expunged now with the best Pensacola expungement lawyers! Hiring an expungement attorney will help you throughout the legal process with ease. Record Sealing & Expungement Lawyer in Pensacola Before we head on to the process, keep in mind that seal and expungement are not the same. According to Florida Statute 943.045, record sealing involves keeping information about your criminal history hidden from anybody who does not have the authority. The court protects the sealed document from public view. On the other hand, when your record is expunged, it is completely destroyed. Only the FDLE has a duplicate copy of your criminal record. A court hearing could be held while the expungement process is underway. So it's best to have an experienced Pensacola expungement attorney by your side who will represent you in court. What Crimes Can Be Expunged in Pensacola? In Pensacola, many misdemeanors and non-violent felonies can be expunged, such as petty theft, minor drug offenses, and first-time offenses. Expungement eligibility depends on the type of crime and other legal factors. Here are the primary types of crimes that can be expunged: Misdemeanors: Petty theft, disorderly conduct, and minor drug offenses. Non-Violent Felonies: Certain first-time drug offenses, forgery, and fraud. Juvenile Offenses: Some offenses are committed as a minor. Dismissed or Dropped Charges: Cases where charges were dropped, dismissed, or resulted in an acquittal. For detailed legal criteria and more information, visit the Florida Expungement Expert Guide. Consulting with an experienced Pensacola expungement lawyer can help you determine if your case qualifies and guide you through the expungement process. Eligibility Requirements for Expungement in Pensacola To be eligible for expungement in Pensacola, you must meet specific criteria outlined by Florida law. Expungement can help clear your criminal record, providing a fresh start and better opportunities for employment, housing, and more. Here are the key eligibility requirements: No Prior Expungements: You can only expunge one criminal record in your lifetime. Eligible Offense: The crime must be a misdemeanor or certain non-violent felonies. Completion of Sentence: All terms of the sentence, including probation, must be completed. Waiting Period: A specific waiting period must pass since the completion of your sentence. Certificate of Eligibility: Obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). Checking your eligibility takes too much of your effort. Spend 2 minutes taking this test to know if you qualify. Do I Qualify? Take the 2-min test to know if you are eligible. Free consultation available! Get Started Do I Need a Lawyer To Expunge My Record in Pensacola? While you can technically pursue expungement on your own in Pensacola, having a lawyer significantly increases your chances of success. The process involves complex paperwork, strict deadlines, and legal criteria that can be challenging to navigate without professional help. A skilled expungement lawyer in Florida ensures that all legal requirements are met and helps avoid common mistakes that could delay or jeopardize your case. For personalized guidance and to improve your chances of a successful expungement, consulting with an experienced Pensacola expungement lawyer is highly recommended. How Long Does Expungement Take in Pensacola? On average, an expungement in Pensacola typically takes 5-7 months. The process includes obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement and awaiting court approval. Consulting an experienced lawyer can streamline the process and ensure all legal requirements are met efficiently. As you might not know, Erase The Case only takes less than 5 months to have your record expunged. Contact us now! How Much Does It Cost To Expunge Records in Pensacola? Expunging records in Pensacola costs around $75 for the application fee, plus additional court fees. Attorney fees can range from $500 to $1,000. For a detailed breakdown, visit our article: How Much Does an Expungement Lawyer Cost? Ready to Move On in Pensacola? A criminal record, even without a conviction, can hold you back. If your case began in Escambia County or nearby, you may be eligible to have it expunged or sealed under Florida law. Why Work With Us? Focused exclusively on Florida expungement and sealing Knowledge of local courts and procedures in the First Judicial Circuit Direct attorney access and 24/7 online client portal Thousands of records cleared statewide Get Your Record Erased in Pensacola now! Call Us: 1 (866) 372-7335 Email: lawyer@erasethecase.com Eligibilty Test: Start with Your Free Assessment #### Service Areas Home Florida Expungement Lawyer Locations DO I QUALIFY? Expunge Now, Pay Later™ with Expungement in Florida is a legal process governed by Florida Statute §943.0585. It begins with a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) and continues with a court petition filed in the county where the arrest occurred. Once granted, expungement removes the arrest from the public record and most background check databases.Erase The Case focuses exclusively on expungement and record sealing throughout Florida. We help clients across the state prepare the required documents, complete the FDLE process, and file petitions with the correct court. The locations below are among the Florida communities where individuals seek help to clear their arrest records and move forward. Cities Popular We Serve Across Florida Florida’s expungement process is statewide, but every petition is ultimately filed with the court in the county where the arrest occurred. Local court procedures, filing requirements, and clerk processing times can vary slightly by jurisdiction.Erase The Case assists clients throughout Florida by preparing the required documents, confirming eligibility through FDLE, and filing expungement petitions with the appropriate county court. MIAMI DADEPeople arrested in Miami typically file expungement petitions through the Miami-Dade County Clerk of Courts after receiving a Certificate of Eligibility from FDLE. JACKSONVILLEJacksonville, which includes Duval County, processes expungement petitions through the county court system. TAMPATampa expungement petitions are filed with the Hillsborough County Clerk of Court after FDLE approval. PENSACOLAPensacola arrests are processed through courts in Escambia County. Individuals seeking expungement must first apply for a Certificate of Eligibility through FDLE before filing a petition. ORLANDOExpungement petitions for arrests in Orlando are typically filed through the Orange County Clerk of Courts. Our Orlando expungement lawyer page explains how the process works after FDLE issues a Certificate of Eligibility. FORT LAUDERDALEArrests in Broward County may qualify for expungement under Florida law. Petitions are filed with the Broward County Clerk of Courts after FDLE eligibility approval. Other Counties In addition to popular areas, Erase The Case also provides top-notch expungement service in these counties: Alachua CountyBaker CountyBay CountyBradford CountyCalhoun CountyCharlotte CountyCitrus CountyClay CountyCollier CountyColumbia CountyDeSoto CountyDixie CountyFlagler CountyFranklin CountyGadsden CountyGilchrist CountyGlades CountyGulf CountyHamilton CountyHardee CountyHendry CountyHernando CountyHighlands CountyHolmes CountyIndian River CountyJackson CountyJefferson CountyLafayette CountyLake CountyLeon CountyLevy CountyLiberty CountyMadison CountyManatee CountyMarion CountyMartin CountyNassau CountyOkaloosa CountyOkeechobee CountyPasco CountyPinellas CountyPolk CountyPutnam CountySt. Johns CountySt. Lucie CountySanta Rosa CountySarasota CountySumter CountySuwannee CountyTaylor CountyUnion CountyVolusia CountyWakulla CountyWalton CountyWashington County Why People Across Florida Choose Erase The Case? Erase The Case focuses exclusively on expungement and record sealing in Florida. Our firm has helped individuals throughout the state navigate the FDLE application process and court petition requirements.Clients choose our firm because we are:The highest and most rated expungement law firm in Florida for expungements100% exclusive in expungement and sealing servicesFocused on achieving the most complete expungement possible under Florida lawKnown for delivering one of the fastest expungement processes availableEvery case begins with a detailed review of eligibility and supporting records. Once eligibility is confirmed, the required documentation is prepared and submitted in accordance with the procedures established by FDLE and the Florida courts. Find an Expungement Lawyer Near You If you want to expunge your criminal record, start by reviewing the location pages listed above. We explain how expungement works in that region and how the process begins with a Certificate of Eligibility issued by the Florida Department of Law Enforcement.For many people, expungement is the first step toward moving forward without the long-term consequences of a public arrest record. #### Services Ultimate Expungement Solution OUR SERVICES DO I QUALIFY? Expunge Now, Pay Later™ with Comprehensive Criminal Record Removal Solution  It's not just about expunging or sealing a criminal record, it's about completely erasing your criminal footprint from public view. Our comprehensive solution helps you expunge or seal criminal records, obtain court-ordered documents, ensure your record is not visible through background check systems, and manage your mugshots to prevent them from appearing anywhere on the internet. Expungement / Sealing Clear your criminal record permanently. Obtain a court-ordered expungement or sealing to gain the right to deny any past criminal history. Get Started Background Check Removal Eliminate your criminal record from all background check systems, including private and public entities. Secure employment, housing, and more. Get Started Mugshot Removal Remove your mugshot from public sites and search engines with our proven legal strategies. Restore your reputation to earn a second chance in life. Get Started Trusted process. Proven results. Our lawyers have provided more expungements than any other law firm in the state of Florida in record-breaking time! But don't just take our word for it. READ TESTIMONIALS HERE "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm." Lee County "I'm beyond happy right now, I contacted David about my case few months ago and right away he was able to help me , the whole process was very easy they kept me updated every step now my case is sealed.very professional I recommend this firm, if I can give more than 5 stars I would. " Miami-Dade County "I would recommend anyone that has a background to use Erase the Case Services. David is a great lawyer answers all of your questions keeps you updated during the process. The staff there are excellent people very professional. The process doesn't even take long!" Broward County "After having doubts about Erase the case the expungement law firm, David and his team gave me the piece of mind I've been searching for after successfully expunging my case... I 100% recommend Erase the case to anybody in need of help. Again, thanks David for everything." Orange County "It was such a clear and straightforward experience all the way through, I'm grateful and thankful that I found their services! Companies like this give hope to those that have had hardships in life a chance to a better future. Erase the Case did an amazing job, they stand on behalf of those looking to change their lives for good! Thank you." Hillsborough County "David is extremely professional and knowledgable in his craft. He and his team will ensure you receive excellent legal care and advice. I highly recommend him to anyone looking for representation that you can trust and at reasonable retainers. Do not hesitate to reach out. Thanks David" Palm Beach County "Erase the case has been a pleasure to work with. Attorneys are respectful of your situation and provide realistic honest expectations. They are very responsive and there if you need to contact them. It's great to be able to speak directly with the attorney regarding any issue." Duval County "Great communication and keeping me updated with the process. He handled everything so professionally and kept in the loop at all times. I highly recommend EraseTheCase! Thank you so much for your assistance with my case." Pinellas County "David made the process simple and thoroughly explained everything. He made himself available to answer questions and was timely in responding to emails. He is very knowledgeable In this area and I would recommend him to anyone looking to complete this process." Polk County Click to see more reviews. #### Simple Battery in Florida (Penalties, Defenses, & Expungement) In Florida, understanding the nuances of criminal charges is essential, especially concerning offenses like battery. Simple battery, defined under Florida Statute 784.03, is a prevalent misdemeanor crime. This article explores simple misdemeanor battery Florida, how it differs from aggravated battery, the penalties for such charges, potential defenses, and the possibility of expungement. We'll also explore the intriguing question of whether one can sue for battery in the Sunshine State. What Is A Simple Battery in Florida? Simple Battery in Florida refers to a specific type of misdemeanor crime. The offense also known as Misdemeanor Battery is legally defined in Section 784.03 of the Florida Statutes. It involves intentionally touching or striking another person against their will. Also, it involves the deliberate infliction of bodily harm upon another person. This offense does not entail severe bodily harm or the use of deadly weapons, which distinguishes it from aggravated battery. Difference Between Simple Battery & Aggravated Battery in Florida? It's crucial to differentiate simple batteries from aggravated batteries. While simple battery typically involves minor physical contact, aggravated battery encompasses more severe forms of assault, often leading to significant injuries or the use of deadly weapons. Distinguishing between simple battery and aggravated battery significantly impacts the gravity of the charges and the resultant penalties. What are Penalties for Battery in Florida? Simple battery in Florida is classified as a first-degree misdemeanor. A conviction for simple battery can result in the following penalties:Jail TimeA person convicted of simple battery may face up to one year in county jail. The sentence's actual duration depends on the offense's severity, any aggravating factors, and the defendant's prior criminal record. FinesThe court may impose fines of up to $1,000 for a simple battery conviction. The exact amount can vary, and judges consider factors like the circumstances of the offense and the defendant's ability to pay when determining the fine.ProbationOccasionally, a defendant may receive probation as an alternative or in addition to serving time in jail. Probation typically involves reporting to a probation officer on specific conditions, including mandatory anger management or counseling programs.Community ServiceAs part of the sentence, the court may require the defendant to perform several community service hours. These hours can be completed at nonprofit organizations or community service centers. What Are Defenses to Battery? Facing a battery charge in Florida can be a distressing experience, but it's important to remember that several legal defenses are available to those accused. These defenses aim to establish reasonable doubt about the defendant's guilt or to mitigate the charges. Here are some common defenses to battery in the Sunshine State:Self-DefenseSelf-defense can be a valid defense if the defendant had a reasonable belief that they faced imminent bodily harm and used force to protect themselves. The force used must be necessary and proportionate to the perceived threat.Defense of OthersSimilar to self-defense, a person may use force to protect someone else in immediate danger. This defense requires demonstrating that the defendant reasonably believed the other person was at risk and that force was necessary.ConsentConsent from the alleged victim can constitute a robust defense against the charges; this can serve as a strong defense. Proving consent may be complex and require substantial evidence.Lack of IntentBattery convictions necessitate that the defendant acted with intent, knowledge, or recklessness. Proving that the contact was accidental and not intentional can be a valid defense.AlibiProviding a credible alibi with supporting evidence can show that the defendant was not present at the scene of the alleged battery during the incident.Insufficient EvidenceChallenging the prosecution's case by demonstrating insufficient evidence can involve highlighting inconsistencies in witness statements or questioning the alleged victim's credibility.Stand Your Ground LawFlorida's Stand Your Ground law enables individuals to use deadly force, in self-defense or defense of others. This law's specific conditions and limitations need to be considered in potential defenses. Expunging Your Misdemeanor Battery with Erase The Case Expunging your misdemeanor battery is a process that requires careful consideration and legal guidance. Contract Erase the Case today and get the expert assistance and support throughout this endeavor. Their proficiency in navigating the intricate legal system can simplify and enhance the feasibility of the expungement process. FAQ How Long Do You Go to Jail for Simple Battery in Florida?Simple battery convictions in Florida can lead to jail time, but the specific duration varies. While the maximum penalty is one year, several factors influence the length of the sentence. How Serious is a Battery Charge in Florida?The seriousness of a battery charge in Florida cannot be underestimated. It goes beyond the immediate legal consequences, potentially impacting a person's future in terms of employment, housing, and social relationships. Can a Simple Battery Charge be Expunged in Florida?For those who have faced a simple battery charge in Florida, the prospect of expungement is a ray of hope. Expunging one's criminal record involves the removal of all records related to the charge. However, eligibility for expungement depends on various factors. Can You Sue for Battery in Florida?In Florida, it is indeed possible to sue for battery. A civil lawsuit for battery allows victims to pursue compensation for their injuries, emotional distress, medical bills, and other damages. When considering such action, consulting an attorney experienced in personal injury law is crucial. #### Survey Found: 1 in 2 Floridians Don't Know Arrests Stay Public for Life. Home In September 2025, we surveyed 600 Florida residents to understand awareness of expungement laws and public support for reform. We launched this survey to highlight widespread misconceptions and provide timely insights that can inform policymakers, advocates, and the broader second-chance movement. DO I QUALIFY? Expungement is at the heart of the second-chance movement in Florida and the Clean Slate reforms spreading nationwide. Florida’s Senate Bill 1000 (SB 1000) aimed to expand access by allowing more than one case to be sealed when charges are dismissed after having already expunged or sealed one record, but the proposed bill died in the 2025 Florida Legislature's appropriations committee on criminal and civil justice.Erase The Case conducted an online survey of 600 Florida residents in September 2025, revealing surprising gaps in public knowledge. Over half of respondents were unaware that dismissed arrests remain public for life. The survey also showed strong support for reform, with many favoring multiple expungements. These findings underscore the need for public education and indicate momentum for reform in Florida, offering valuable insights for policymakers and advocates.Key Findings1 in 2 Floridians don't know an arrest record can stay public for life, even if charges are dismissed.23% of Floridians are shocked that they can only expunge once, even if charges do not result in a conviction.More than half of Florida residents support Senate Bill 1000.Floridians could lose $3.1B every year by skipping expungement.Our Respondents​Our survey respondents vary in different groups, but 65% of them are between 25 and 64. Meanwhile, female accounts for 60% of the respondents. Survey ResultsOn average, 22% of Floridians were arrested in Florida.According to the survey, 1 in 4 Floridians once carried the burden of an arrest record. This mirrors the national trend, where roughly 1 in 3 U.S. adults carries some form of criminal record (Brennan Center for Justice). Even without a conviction, these records appear in background checks, limiting opportunities for jobs, housing, and education, which makes expungement a critical step toward a clean slate.1 in 2 Floridians don’t know that an arrest record remains public for life, even if charges are dismissed.Half of Floridians don’t realize that an arrest record remains public for life, even when charges are dismissed. This gap in knowledge is dangerous because employers, landlords, and schools still see those records in background checks. Without understanding expungement, many people unknowingly carry barriers that limit careers, housing, and education long after their case is closed.23% are shocked that they can only expunge once.Nearly 1 in 4 Floridians are shocked to learn they can expunge only one record in their lifetime. This restriction leaves thousands stuck with old arrests they cannot clear. A recent proposal, Senate Bill 1000, aimed to expand eligibility, but lawmakers voted it down, keeping Florida one of the most restrictive states in the nation. The failure of this bill is a setback for second-chance reform, leaving tens of thousands without hope for broader relief.55% of Floridians support Senate Bill 1000.Nearly 55% of Floridians support Senate Bill 1000, showing that a majority of residents want broader access to expungement. Senate Bill 1000 was a 2025 Florida bill that proposed allowing people to expunge more than one criminal record in their lifetime. Public backing at this level makes the legislature’s rejection of the bill even more significant. The disconnect between voter sentiment and state policy creates a pressing storyline for second-chance reform, highlighting how thousands remain burdened by lifelong records despite majority support for change.Floridians could lose $3.1B every year by skipping expungementIn our survey, nearly half of Floridians said they would not invest $2,000 to expunge a record, even though clearing that record could unlock higher-paying jobs. Just a modest $2/hour raise adds up to about $4,000 in extra income per person each year. With about 2.4 million Floridians carrying records, and only 65% eligible for expungement, if even half of them miss out on those opportunities, it translates into $3.1 billion in lost wages every year.This underscores how short-term costs overshadow long-term financial benefits for many residents—and why record clearance reform isn’t just about second chances, but also about Florida’s economic future.DiscussionFlorida’s expungement landscape reveals a significant gap between public need, public awareness, and public policy. Nearly one in four Floridians has an arrest record, yet half of residents are unaware that such records remain public for life, even if the charges are dismissed. Many are surprised to learn that they can only expunge one record. Despite 55% of Floridians supporting SB 1000, the 2025 bill aimed at expanding access to expungement, lawmakers rejected the reform, leaving the state among the most restrictive in the nation.The consequences extend far beyond the courtroom: arrest records hinder employment opportunities, limit housing options, suppress annual income by thousands of dollars, and contribute to billions in lost wages statewide. While the demand for expungement continues to grow, misconceptions and legislative inaction keep many Floridians trapped by past mistakes. These findings confirm what justice advocates and economists have long argued: that reforming expungement laws in Florida is not only a matter of fairness but also an issue of economic urgency.“These findings confirm what we see daily: Floridians are being held back by records they don’t realize can be cleared. Expungement is not just about justice, it’s about unlocking economic opportunity" said David Weisselberger, leading Florida expungement lawyer.Survey MethodologyThis survey was conducted by Erase The Case in September 2025 using Pollfish, with a sample of 600 Florida residents aged 18 and older. Respondents answered multiple-choice and scenario-based questions regarding their understanding of expungement and their attitudes toward reform movement and progress. The sample was geographically targeted to Florida and aimed to capture a diverse cross-section of residents. Percentages reported herein have been rounded to the nearest whole number. Statewide economic estimates presented in this report are not drawn directly from survey responses but are modeled using Florida’s workforce size, average wage assumptions, and eligibility data derived from Erase The Case’s internal practice experience. Workforce data are sourced from the U.S. Bureau of Labor Statistics (FRED, July 2025).How We Calculate The $3.1B Loss in Wages:To contextualize survey findings, we estimate the potential annual wage losses resulting from unexpunged criminal records:Workforce Size: Florida’s employed population is ~10.8 million (BLS, 2025).Prevalence of Records: Approximately 22% of the workforce has a criminal record, or ~2.38 million workers.Eligibility for Expungement: Based on Erase The Case’s internal expungement case data, approximately 65% of individuals with records qualify, or ~1.54 million workers in Florida.Conservative Adoption Rate: Assuming only half of those eligible realize tangible job benefits post-expungement, ~772,000 workers would benefit.Wage-Bump Assumption: A modest $2/hour raise translates to ~$4,000 in additional annual income per person (40 hours/week × 50 weeks).Aggregate Impact: Collectively, this results in an estimated $3.1 billion in lost wages every year for Floridians when records remain unexpunged.Sharing This SurveyThe 2025 Florida Expungement Survey was created to shed light on the challenges Floridians face with criminal records and to support meaningful conversations about second-chance reform. We welcome journalists, researchers, nonprofits, and community leaders to use these findings in their work.If you cite or share this data, please include attribution to Erase The Case and link back to this page so others can access the full report.For media inquiries, expert commentary, or requests for additional insights, contact:lawyer@erasethecase.com+1 866-372-7335Dowload survey rawdata here: LINK HERE #### Testimonials Home Google Reviews We have received the highest number of 5-star Google reviews specifically for expungement and sealing in Florida, making us the top-rated expungement law firm in the state. Shopper Approved Since 2020, Erase The Case has proudly gathered over 200 glowing 5-star reviews on Shopper Approved. These accolades come from our valued clients across all of Florida, who place their trust in us to manage their cases. We take immense pride in earning their love and reference. #### Theft & Fraud Expungement Expunging Theft & Fraud Cases in FloridaIn the vibrant tapestry of Florida, accusations of theft and fraud weave a complex narrative. From white-collar schemes to petty theft, the Sunshine State grapples with the multifaceted challenges of these crimes. This exploration delves into the nuances of theft and fraud in Florida, unraveling the legal intricacies that individuals may confront. Understanding the far-reaching consequences of such charges is paramount, setting the stage for the pivotal role that an expert attorney can play in crafting a robust defense strategy.Unlicensed Contractor FloridaGrand Theft In FloridaPetit TheftEmployee TheftNavigating the legal aftermath of theft and fraud allegations demands the keen insight of a seasoned attorney. The consequences, ranging from financial penalties to potential incarceration, underscore the gravity of such charges. An expert attorney becomes a crucial ally, adept at dissecting the intricacies of the case, safeguarding individual rights, and strategizing to mitigate potential fallout.In the face of these legal challenges, seeking the guidance of a knowledgeable attorney ensures a comprehensive understanding of the charges and a steadfast advocate dedicated to achieving the best possible resolution. #### Traffic Crime Expungement Expunging & Sealing Traffic Crimes in FloridaFlorida's roadways, though scenic, often become the stage for legal challenges when traffic crimes come into play. From the usual speeding tickets to more serious offenses like DUIs, navigating the legal aftermath can be daunting. In this exploration, we dissect the intricate web of traffic crimes in the Sunshine State, shedding light on motorists' potential pitfalls. Understanding the impact of these charges is crucial, laying the foundation for the role of a knowledgeable attorney in safeguarding rights and minimizing consequences.Driving With A Suspended License Driving Without A LicenseLeaving The Scene Of An Accident Reckless Driving For individuals entangled in the complexities of traffic crimes in Florida, seeking the counsel of an expert attorney is not just an option but a necessity. A skilled legal advocate can unravel the intricacies of the legal system, providing a robust defense against charges that range from minor infractions to more severe offenses. From mitigating fines to safeguarding driving privileges, the right attorney serves as a guide through the legal maze. When facing traffic-related legal challenges, the expertise of a seasoned attorney becomes an invaluable asset, ensuring a thorough understanding of the case and pursuing the best possible outcome. #### Trusted Expungement Lawyers in Orlando, Florida If you’re looking for top Orlando expungement lawyers, you’ve come to the right place. Clearing your criminal record is crucial for a fresh start, and our expert team specializes in navigating the complex expungement process in Florida. With a deep understanding of state laws and a personalized approach, our Orlando expungement lawyers from Erase The Case are dedicated to helping you reclaim your future. Whether it's for employment, housing, or personal peace of mind, trust our experienced attorneys to provide the guidance and support you need. Contact us today to begin your journey toward a clean slate and a brighter tomorrow Expungement in Orlando All court and law enforcement records pertaining to an arrest are destroyed in full when an arrest is expunged. Records that are sealed still remain. Yet, these records are only accessible to a limited number of public organizations, including courts, police departments, and state licensing authorities. After ten years, expungement is possible in situations where records can be sealed. An official record cannot be expunged until it has been sealed. Charges for which a person was found guilty are not eligible for record sealing or expungement, and Florida will permit the sealing of several records only once. Florida expungement lawyers will make sure you understand what expungement is and the legalities involved with the process. Regardless, a significant benefit of having a sealed criminal record is that, in many cases, it is acceptable for a candidate with a sealed or expunged record to respond "No" when asked if they have ever faced criminal charges. Benefits of Expungement in Orlando also includes: The charge and conviction may no longer appear from background checks The public may not have access to your arrest record Purchase of firearm may be allowed Court records may be destroyed or sealed Eligibility Requirements for Expungement in Orlando The following criteria shows whether you are eligible for a criminal record expungement under Florida Statutes 943.0585(4)(a) and 943.059(4)(a): No Charges Filed or Case Dismissed: The case must not have resulted in the filing of charges, or if they were, they must have been dismissed by means of pretrial diversion (PTD), nolle pros, dropped charges, or pretrial intervention (PTI). No Previous Guilt Adjudications: No criminal offense in Florida shall have a prior delinquency or guilt adjudication. Furthermore, charges listed under Florida Statutes, Sections 943.0585 and 943.0584, are covered by this criteria. No Previously Expunged Cases: The person cannot have any Florida cases that have been sealed or expunged in the past. No Pending Expunge or Seal Petition: No Florida court should be holding any of your pending expunge or seal petitions. What Crimes Can't Be Expunged in Orlando? While Florida's expungement laws are stringent and crimes such as the following can’t undergo Expungement in Orlando: Arson Drug trafficking and manufacturing Acts of domestic violence Kidnapping Murder Stalking and aggravated stalking Any offense that requires registration as a sexual offender It is best to discuss with expungement attorneys in Orlando further more about the crimes qualified for expungement and sealing. The Expungement Process in Orlando The expungement process in Orlando involves several key steps to ensure your criminal record is cleared. Here’s a concise breakdown of the process: Step 1: Obtaining the Application and Filling It Out Getting and completing the Application for Certification of Eligibility from the Florida Department of Law Enforcement (FDLE) is the first step in the expungement process you do with expungement attorneys in Orlando. It has to be notarized and fully filled out. Step 2: Submitting a "Affidavit and Petition to Expunge" Once the Certificate of Eligibility is obtained, the person needs to fill out a "Petition and Affidavit to Expunge." This petition, which is particular to the county in which the incident happened, is completed truthfully and in compliance with the law with the guidance of Orlando expungement attorneys. Step 3: Notify Important Parties Following the completion of your petition, the original paperwork and the "Certificate of Eligibility" are sent usually by expungement attorneys in Orlando to the county clerk's office where the incident happened. It is necessary to provide copies of these papers to the State Attorney's Office and notify the appropriate agencies of your petition. Step 4: Show Up for a Hearing In certain situations, the court might need to hold a hearing before deciding whether to allow the expungement. If a hearing is necessary, be ready to make your case and provide justification for the erasure of your record. This is when Orlando expungement attorneys come to represent you. Step 5: Court Order The court will issue an order to erase your record if the judge approves the expungement. The relevant authorities will receive the court order and ensure that your record is removed from their records. Talk with expungement lawyers in Orlando for updates. Why Hire an Orlando Expungement Lawyer? By completing a request package and sending it to the Florida Department of Law Enforcement (FDLE), you may seal or expunge your criminal record on your own. However, expungement and sealing of records is not an easy task and it requires an expert with years of experience to make sure it is done right. Rather than attempting to manage this procedure alone, our Orlando expungement lawyers can help you complete the required documents correctly. Ensuring you abide by the regulations is just as important as giving the FDLE accurate information. Your expungement lawyer will determine whether your case is eligible for sealing or expungement. Moreover, they will contact agencies that are involved for the legalities such as the prosecutor's office.For the case hearing, you could also require legal representation. If you filed the paperwork, submitted it to the wrong party or misinterpreted the guidelines, the court may reject your effort. So, in this case, having an experienced attorney is crucial. Expunge Your Record in Orlando with Erase The Case Just because you were involved in legal proceedings doesn’t mean you have to keep it with you forever. Speak with the best expungement lawyer in Florida about your concerns regarding sealing and expungement by calling 1 (866) 372-7335. Expungement of records is once in a lifetime opportunity for you to reset. Don’t let your past hinder you from pursuing a better life. Contact us today for a free consultation to discuss your eligibility and how we can assist you. FAQ How do you expunge your record in Orlando, Florida? To expunge your record in Orlando, Florida, you will first need to determine your eligibility as some cases cannot be qualified for expungement. Florida Expungement attorneys can help you get started. After you ensure your eligibility, contact the Florida Department of Law Enforcement (FDLE) to get an application for a Certificate of Eligibility. Once you receive the Certificate of Eligibility from the FDLE, you must file a petition to expunge with the court. Afterwhich, you present your petitions to important agencies and you might need to attend a hearing where Orlando expungement attorneys represent you. And lastly, you wait for the court to decide If the judge grants the expungement, the court will issue an order to expunge your record. How long does it take for an expungement in Orlando, Florida? The waiting period in expunging a felony in Orlando, Florida can take 5 to 7 months but varies depending on the nature of the offense and other factors. And it can take years to expunge your records. That is why we encourage you to get the best expungement attorney in Florida to keep you updated. #### Unlicensed Contractor in Florida (Penalties, Defenses, & Expungement) In the dynamic realm of Florida's construction industry, the presence of unlicensed contractors raises critical legal concerns. This article explores the intricacies of unlicensed contracting in the state, emphasizing the penalties associated with this violation and the available defense strategies. Governed by Florida Statute 489.127, the consequences for operating without the requisite license are far-reaching, impacting individuals and businesses. From potential criminal charges to substantial fines, understanding the penalties is essential. Additionally, we delve into defense avenues, recognizing the importance of strategic legal representation in navigating the complexities of unlicensed contractor allegations in Florida. What Is Unlicensed Contracting in Florida? Unlicensed contracting in Florida is the engaging in construction, remodeling, or repair activities without possessing the required contractor's license as mandated by Florida Statute 489.127. This statute outlines the legal framework governing the licensing of contractors in the state, emphasizing the necessity for individuals and businesses involved in construction-related work to obtain the appropriate licenses. Unlicensed contracting is considered a serious violation of the law, and those found operating without the requisite license may face significant legal consequences, including criminal charges and severe penalties. Adhering to licensing requirements is crucial for maintaining the integrity of the construction industry and protecting consumers. What Are the Penalties for Unlicensed Contracting in Florida? Contracting without a license in Florida is classified as a First Degree Misdemeanor, subjecting offenders to carry penalties of up to 1 year in jail or 12 months of probation, along with a fine of up to $1,000 for a first offense. However, for individuals with a prior conviction of contracting without a license, the offense may escalate to a third-degree felony, potentially resulting in up to 5 years of imprisonment or 5 years of probation, coupled with a fine of up to $5,000. Moreover, if someone undertakes contracting without a license during a State of Emergency, declared by executive order, it can also be charged as a third-degree felony. In addition to fines and potential jail sentences, those convicted may be subject to court-ordered restitution, particularly if the alleged victim claims sub-standard work or materials caused a financial loss. What Are the Defenses to Unlicensed Contracting in Florida? When confronted with charges of unlicensed contracting in Florida, mounting a robust defense becomes imperative. A strategic approach involves considering various defenses tailored to the specifics of each case.Lack of KnowledgeOne potential defense is asserting a lack of knowledge regarding the licensing requirements. It may provide grounds for a defense if the accused can demonstrate that they were unaware of the need for a contractor's license. This defense highlights the importance of establishing the accused party's genuine ignorance of the legal obligations.Challenging Procedural IrregularitiesExamining the procedures followed during the investigation and subsequent charges is another avenue for defense. If there are irregularities in the process, such as documentation errors or legal protocol deviations, these can be challenged to cast doubt on the validity of the charges.Mistaken IdentityPresenting evidence of mistaken identity is a defense strategy when there is a possibility of confusion regarding the identity of the alleged Florida unlicensed contractor. This may involve providing alibis, witnesses, or other evidence demonstrating that the accused individual or business was not involved in the alleged unlicensed contracting activity.Administrative Errors or Documentation DiscrepanciesChallenging the accuracy of paperwork or asserting administrative errors can be a viable defense. In cases where paperwork related to licensing is not in order or contains discrepancies, it can be argued that the accused made reasonable efforts to comply but was hindered by administrative issues.Demonstrating Compliance EffortsShowing a proactive effort to comply with licensing requirements, even if there were lapses, can be part of a defense strategy. This may involve demonstrating a commitment to promptly rectifying any oversights and ensuring full compliance with licensing regulations. How Our Attorney Can Help Our legal team thoroughly evaluates your case, determine eligibility for expungement, and expertly handles all necessary paperwork. With our extensive experience in handling similar cases, we are committed to guiding you towards the best possible outcome and renewed professional standing. So, contact us now! FAQ What is the meaning of the word contracting?The term "contracting," particularly in the construction domain, denotes entering into agreements or arrangements to execute building, renovation, or repair activities. It encapsulates the formal commitment between parties involved in construction projects, outlining terms, responsibilities, and expectations.Is it illegal to hire an unlicensed contractor in Florida?In Florida, hiring an unlicensed contractor is unequivocally illegal. Property owners must diligently verify that the contractor they enlist possesses a valid contractor’s license. This imperative precaution safeguards against potential legal entanglements and ensures that the contracted work aligns with state regulations, promoting the integrity of the construction industry.Can a contractor work under someone else's license in Florida?No, Florida law prohibits contractors from working under someone else's license. Each contractor must obtain and maintain a valid license to operate legally. #### Violent Crime Expungement Expunging & Sealing Violent Crimes in Florida Florida law allows individuals to seal or expunge certain criminal records, but eligibility becomes much more restrictive for violent crimes. Due to the serious nature of these offenses and the public interest in keeping such records accessible, violent crimes are typically ineligible for sealing or expungement. Violent Crimes in Florida A violent crime record is ineligible for court-ordered expungement under section 943.0585 or for court-ordered sealing under section 943.059 if it includes a conviction for any of the following offenses:Murder or attempted murderManslaughterSexual batteryAggravated assaultAggravated batteryArmed robberyHome invasion robberyKidnappingArsonStalking or aggravated stalkingDomestic violence (depending on circumstances)If the offense appears on the FDLE’s list of disqualifying charges, the case cannot be sealed, even if adjudication was withheld. When Expungement May Be Possible for a Violent Crime in Florida Although rare, expungement may be possible in certain scenarios involving violent charges:1. No Information Filed / Nolle Prosequi/ Case DismissedIf the State Attorney declines to file formal charges, or the charge is later dismissed, the individual may be eligible for expungement, even if the original arrest was for a violent offense.2. Acquittal After TrialIf a person is found not guilty at trial, they may qualify for expungement.3. Juvenile RecordsFlorida provides some flexibility for juvenile expungements, including early juvenile diversion expunction under Fla. Stat. § 943.0582, but violent offenses involving force, threat, or weapons may still disqualify the applicant, depending on the charge and outcome.4. Charge Was ReducedIf a violent crime charge was plea-bargained down to a non-violent offense (e.g., aggravated battery reduced to simple battery), the final charge may qualify if:The case is dismissed or droppedThe person received a withhold of adjudication, and the final charge is not on the disqualifying list. #### What Is Reckless Driving in Florida? (Penalties & Defenses) The vibrant highways of Florida demand vigilant and responsible driving, yet the legal landscape surrounding reckless driving adds layers of complexity. In this exploration, we unravel the intricacies of "What is Reckless Driving in Florida?" From the statutory definition in Florida Statute 316.192 to the distinctions between reckless and careless driving, we embark on a journey to understand the nuances. Delving into the penalties, reaching up to a $500 fine and potential imprisonment, and the available defenses, we aim to clarify those navigating the legal consequences of this serious traffic offense in the Sunshine State. What Is Reckless Driving in Florida? Reckless driving in Florida emerges as a substantial offense meticulously outlined in Florida Statute 316.192. The statute clearly defines reckless driving as operating a vehicle with a deliberate or reckless disregard for the safety of individuals or property.Examples of reckless driving in Florida may include:Excessive SpeedingAggressive TailgatingWeaving Through TrafficIgnoring Traffic SignalsEngaging in Street RacingDriving Under the Influence (DUI)Ignoring PedestriansReckless Overtaking Difference between Reckless Driving and Careless Driving While reckless and careless driving might seem similar, they carry distinct legal implications in Florida. Careless driving involves a lack of carefulness, while reckless driving demands a higher degree of disregard for safety. Florida reckless driving is a more severe offense, often involving intentional, aggressive, or dangerous behavior on the road. It is crucial for motorists to understand the distinctions between these offenses to understand the potential legal consequences and implications each carries within the Florida legal framework. How Long Does Reckless Driving Stay on Record in Florida? The duration of reckless driving stays on record in Florida varies. Generally, traffic violations remain on a driving record for several years. However, the specific time may be based on the severity of the offense and any subsequent legal actions. Seeking legal advice can provide insights into potential record expungement or reduction options. Penalties for Reckless Driving in Florida So what is the penalty for reckless driving in florida? The penalties reflect the gravity of the offense. First Offense, No Bodily Injury or Property DamageClassification: 2nd degree misdemeanorPenalties: Up to 90 days in jail or 6 months of probationFine of $500Second or Subsequent OffenseClassification: 2nd degree misdemeanorPenalties: Maximum of 6 months in jailFine of up to $1,000Property Damage or InjuryClassification: 1st degree misdemeanorPenalties: Up to 1 year in jail or 12 months of probationFine of $1,000Serious Bodily InjuryClassification: 3rd degree felonyPenalties: Up to 5 years in prison or 5 years of probationFine of $5,000 Defenses to Reckless Driving in Florida: Mounting a defense against reckless driving charges requires a thorough understanding of the specific circumstances. Possible defenses include:Challenging the Evidence: One common defense involves challenging the evidence presented by the prosecution. This may include questioning the accuracy or reliability of witness statements, surveillance footage, or other evidence supporting the reckless driving charge.Questioning Intent: A strategic defense may involve questioning the driver's intent. If it can be demonstrated that the actions leading to the reckless driving charge were not willful or wanton but rather a result of unforeseen circumstances or a momentary lapse in judgment, it may strengthen the defense.Demonstrating Lesser Severity: Another defense strategy involves demonstrating that the driving behavior, while perhaps careless, did not rise to the level of recklessness as defined by Florida law. Establishing that the actions were less severe than alleged can be crucial in building a strong defense.Presenting Alternative Explanations: Providing alternative explanations for the observed behavior can be an effective defense. This may involve demonstrating that external factors, such as road conditions or mechanical issues, contributed to the perception of reckless driving.Procedural Defenses: Procedural defenses may involve challenging aspects of the legal process. This could include issues related to the traffic stop, arrest, or evidence collection. If any procedural errors occurred, they could impact the validity of the reckless driving charge.Establishing Lack of Awareness: In some cases, the defense may aim to establish that the driver was genuinely unaware of the potential dangers associated with their actions. A lack of awareness or understanding of the consequences may be presented as a mitigating factor.Negotiating Plea Bargains: Exploring plea bargains is another avenue for defense. This could involve negotiating with the prosecution to minimize or mitigate the charges to a lesser offense, which may result in more lenient penalties.Consulting Expert Witnesses: Engaging expert witnesses, such as accident reconstruction specialists or traffic safety experts, can contribute valuable insights. Their testimony may challenge the prosecution's case and provide a more nuanced perspective on the driving behavior in question. How We Can Help As expungement lawyers, we specialize in clearing your record, offering personalized guidance and strategic defense. Let us navigate the legal complexities, protect your rights, and work towards a clean slate for a brighter future. Contact Erase the Case now! FAQ What is considered reckless driving in Florida? In Florida, reckless driving is delineated as the operation of a vehicle with a conscious and deliberate disregard for one's safety or property. It involves intentional and dangerous behavior on the road, surpassing mere negligence. Is reckless driving a misdemeanor in Florida? Yes, reckless driving is classified as a second-degree misdemeanor in Florida. Convictions can result in fines, imprisonment, probation, and other penalties. What is the most common punishment for reckless driving? The most common punishment for reckless driving in Florida includes fines, which can amount to $500. Additionally, a conviction may lead to imprisonment for up to 90 days, probation, community service, and mandatory attendance at reckless driving school. How much over the speed limit is a felony in Florida? Exceeding the speed limit can result in significant felony charges in Florida. However, the specific threshold varies based on location and circumstances. Consultation with legal professionals is crucial to understanding the implications of Florida reckless driving speed violations. Is reckless driving the same as DUI in Florida? No. They are separate offenses in Florida. While both involve hazardous conduct on the road, DUI specifically involves operating a vehicle under the influence of alcohol or drugs. In contrast, reckless driving centers on a deliberate disregard for safety without the influence of substances.