How to Expunge Your Criminal Record in Florida

Your Ultimate Guide to Expunging Your Florida Criminal Record

The disadvantages of having a criminal record in Florida are better imagined than experienced. A criminal record can change the course of your life forever, making it difficult to find housing and secure employment. It can also create barriers to education, cause professional licensing issues, restrict your ownership of firearms, and affect loan applications. Beyond these, criminal records also damage your reputation in society, leading to stigmatization, even from your close social circles.

Fortunately, having a criminal record isn’t the end of the world. That’s because you can leverage Florida’s legal process to clear records of your arrest or conviction in specific cases. This process, called an “expungement,” is an avenue to begin life on a clean slate after a run-in with the state’s criminal justice system.

If you’ve been wondering how to remove your criminal record from public databases, this article is for you. We’ll discuss everything you need to know about Florida’s expungement process, and more.

What is Expungement?

Expungement vs. Sealing vs. Pardons

Expungement, record sealing, and pardons have one thing in common—they provide some form of relief from the harsh consequences of a criminal record. However, they also differ in many ways, and a clear understanding of their distinctions is important.

When Florida pardons a convict, it means that the state has forgiven them for their criminal actions. This will typically result in the restoration of their civil rights, improved employment opportunities, and reduced stigmatization. However, a pardon doesn’t erase one’s criminal record—it only indicates that a conviction has been pardoned.

Similar to a pardon, a sealed criminal record doesn’t delete a person’s criminal history information. However, it erases it from public view. This means that it will not show up on a background check and will only be accessible to a few authorized personnel.

On the other hand, expungement completely deletes details of your arrest/conviction from your criminal record. This means that it’ll be treated as though it never occurred. Of the three reliefs, expungement offers the most protection for convicted individuals. As such, it’s the most desired way of achieving a fresh start.

How Do I Get My Criminal Record Expunged in Florida?

Understanding Florida’s Expungement Process

Here’s how to clear your criminal record in Florida:

Determine Your Eligibility 

One of the most important steps in a Florida criminal record expungement process is verifying whether you’re eligible for it. This is because several criteria must be met to qualify your case for an expungement. For example, you should show that charges were not filed in your case, your case was dismissed, or the charges against you were dropped. You must also have never sealed or expunged a record before, among other criteria.

Gather Documents and Information 

After confirming that you’re eligible for an expungement application (your expungement attorney can help with this), it’s now time for information gathering. During this stage, you’ll compile all the necessary documents for the application process. This includes your arrest records, court documents, and personal identification.

Complete and Submit the FDLE (Florida Department of Law Enforcement) Application 

Next, you’re expected to print and fill out the official FDLE Application for Expungement. Alternatively, call (850)-410-7870 to reach FDLE’s Expungement section in Tallahassee and request an application. You’re expected to complete only the top part of the form, sign it, and get it notarized. Next, attach the necessary documents to the completed application and submit to the State Attorney’s Office in the county where your charges were filed.

Obtain a Certificate of Eligibility 

If the State Attorney’s Office approves your application, the office will fill out the second part of the application and return it to you. You’re then to submit the application along with the following to the FDLE:

• A certified copy of the disposition of the matter you wish to expunge
• Your fingerprints
• $75 money order or cashier’s check payable to FDLE.

The FDLE will issue you a Certificate of Eligibility if your application is successful. This means that you’ve met basic requirements and are qualified to go ahead with your application.

Prepare the Petition and Affidavit 

File the Certificate of Eligibility, a Petition to Seal or Expunge, and a supporting notarized affidavit with the appropriate County Clerk of Court. Generally, this is the County Clerk of Court where the incident happened. Don’t forget to include an order that the judge will sign to approve your request. Also, send copies of the original petition and Certificate of Eligibility to the appropriate State Attorney’s Office.

Final Steps 

It’s now time to wait for the State Attorney’s Office to respond to your petition. Although the office can disagree with your petition, your request will typically be approved if you have a certificate from the FDLE. If the State Attorney’s Office rejects your petition for any reason, a court hearing will be scheduled on the matter. The court will issue an order expunging the record and mail you a copy of the order if the State Attorney’s Office agrees.

What Offenses/Convictions Can and Cannot Be Expunged?

How to Determine Whether You Qualify for Expungement in Florida

Not every crime is expungable in Florida. Generally, non-violent misdemeanors, first-time drug offenses, juvenile offenses, and arrest records without formal charges can be removed from your record. However, the following offenses cannot be expunged:

• Violent crimes (e.g., murder, manslaughter, assault, kidnapping)
• Sexual offenses (e.g., sexual battery, child pornography, child molestation)
• Domestic violence
• Traffic violations.

Contact the Dedicated Florida Expungement Lawyers at Taracks and Associates ASAP!

Let Us Help You Restart Life on a Clean Slate

At Taracks and Associates law firm, we believe that some people convicted in criminal cases deserve a second chance at life. Sometimes, good people make mistakes, and that shouldn’t determine their future or define their identity. Fortunately, Florida’s legal system believes the same too. So, we’ll take advantage of the state’s expungement process to clear your criminal records and move on from your past mistakes.

Our expungement lawyers in Florida are compassionate, experienced, and skilled. We understand the expungement process to the letter, and will guide you through every process from start to finish.