Expungement offers individuals a second chance by clearing eligible criminal records and providing a fresh start. In Volusia 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 Volusia County.
Overall About Expungement in Volusia County
Expungement in Volusia 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.
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Eligibility for Expungement in Volusia County
Determining eligibility for expungement in Volusia 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 Volusia County
The expungement process in Volusia 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 Volusia County?
The cost of an expungement in Volusia County, Florida, can vary depending on several factors, including whether you hire a lawyer or handle the process yourself. Generally, if you go through a lawyer, the total cost might range from $995 to $2,500, covering legal fees and court costs. If you handle it on your own, you would need to pay court filing fees, which are usually around $75 to $100, plus any additional costs for obtaining required documents or background checks.
For the most accurate and current information, see this article or consult with a local attorney who specializes in expungements.
Why Should You Choose Our Volusia County Expungement Lawyer?
At Erase The Case, we are dedicated to helping you expunge your criminal record in Volusia County. Here’s why you should choose us:
- Florida Expungement Experts: Our practice is focused solely on Florida expungements, ensuring expert legal knowledge.
- High Success Rate: With a 99.7% success rate, we deliver reliable and effective results for our clients.
- 24/7 Client Support: Receive round-the-clock access to your case updates and direct communication with your attorney, ensuring complete transparency and support.
Expunging your criminal record now? Check your eligibility here and then we will get back with free consultation!
