What are the Requirements for an Expunction of My Record?

Expungement is a process that differs from state to state. In the state of Florida, expungement laws are detailed in § 943.0585 of the Florida Statutes. While in some states expungement or "expunction" is available to those who have been convicted of a criminal offense, Florida only allows those who have not been adjudicated guilty of a crime to apply for expunction. A person also only has one opportunity to expunge their criminal record in the state of Florida. Before petitioning for expunction, a person must apply for a certificate of eligibility for expunction according to subsection 2 of the Florida expunction statutes. Once this certificate is obtained, a person has 12 months within which they can petition to expunge their criminal record.

The Florida Statutes list approximately ten qualification standards (§ 943.0585(2)):

1. You must obtain a written and certified statement from a state attorney or prosecutor stating that an indictment or other charging document was not issued in the case you are trying to expunge.
2. You must obtain a written and certified statement stating that an indictment, if filed, was dismissed and that no trial resulted from the charges.
3. You must obtain a written and certified statement stating that the criminal history you are trying to expunge does not involve sexual predator crimes.
4. You must pay a $75 processing fee, unless otherwise waived.
5. You must submit a certified copy of the nature of your charges that you are trying to have expunged.
6. You must never have been declared guilty of a crime, felony or misdemeanor.
7. You must never have been declared guilty of any criminal activity that led to your arrest.
8. You will not qualify for expunction if you have previously had your criminal record sealed… "unless expunction is sought of a criminal history record previously sealed for 10 years (§ 943.0585(2)(f)."
9. You may not currently be under the court's supervision if you are applying for expungement.
10. You may not have previously obtained an expunction for § 893.14, § 901.33 or § 943.058.

If you would like to learn more about qualifying and how you can apply, please do not hesitate to contact our firm.