Can You Get A Misdemeanor Expunged in Florida?

David Weisselberger | November 5, 2023

DO I QUALIFY?

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 convicted of a misdemeanor may have the option to have their record expunged only if their adjudication was withheld and the charges do not involve a disqualifying offense under Florida Statue 943.0584

Expungement can be a complex process, but understanding the requirements and steps involved can help you determine if you are eligible and how to proceed. Without further ado, let’s start!

What Is A Misdemeanor Expungement?

A misdemeanor expungement is a legal process that allows individuals with misdemeanor offenses on their criminal records to have those records made confidential and erased from public view. When a record is expunged, it becomes inaccessible to the public. It is typically not disclosed during background checks, giving individuals a fresh start without the stigma of a past misdemeanor conviction haunting them for life.

what is a misdemeanor expungement in florida

How A Misdemeanor Affects Your Life?

how a misdemeanor affects your life

A misdemeanor conviction can have significant repercussions on various aspects of your life, including:

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 rejections 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-U.S. citizens with misdemeanor convictions may face immigration consequences, including deportation or denial of visa applications. This is another reason why it is a good idea to hire an experienced expungement lawyer.

Personal Reputation

A misdemeanor can tarnish your reputation and relationships, causing embarrassment and distress. If it is on the internet, people will find it.

Find out more reasons why you need to get the best Florida Expungement Lawyer.

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Benefits of Getting Your Misdemeanor Expunged

Discover the numerous advantages of getting misdemeanor expunged. From enhanced job prospects to improved personal relationships, here are five compelling benefits that come with a clean slate.

Improved Job Prospects

Expunging your misdemeanor can significantly broaden your employment opportunities, making it easier to secure the better paying job you desire.

Housing Accessibility

With an expunged record, you’ll have a better chance of finding suitable housing without facing discrimination or embarrassment based on your criminal history.

Professional Advancement

Expungement opens doors to professional licenses and career advancement opportunities that may have been previously off-limits.

Enhanced Personal Relationships

An expunged record can help restore your reputation, improving relationships with family, friends, and community.

Contact our misdemeanor expungement lawyers in Florida today and understand how to get a misdemeanor expunged.

How Long Does A Misdemeanor Stay on Your Record 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.

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.

How to Expunge a Misdemeanor in Florida

So, can you get a misdemeanor expunged? Expunging a misdemeanor in Florida involves several key steps:

Step 1: Determine Eligibility

Before proceeding, ensure that you meet the eligibility criteria for 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 for expungement using our, fully accurate and automated eligibility test

Step 2: Gather Required Documents

Collect all necessary documents, including your criminal record, case information, and supporting evidence demonstrating your eligibility.

Step 3: Complete and Submit FDLE Application 

If you are from Pinellas County, access the forms here.         

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 “Certificate of Eligibility”

 Upon approval of the FDLE of your application, they will issue a “Certificate of Eligibility” and furnish you with the same. 

Step 5: File the Petition

Submit 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 Response

The 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 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 Steps

After 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.

Check Sealing and Expunging in Florida and know how to get a misdemeanor off your record.

Also read: How To Remove Your Bad Background Check

FAQ

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.

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