How to Expunge or Seal a Criminal Record in Florida

May 13, 2020

Many people have questions as to the process for expunging or sealing a criminal record. The process involves a lot of moving parts including contacting the Florida Department of Law Enforcement and the appropriate State Attorney’s Office. You should hire an experienced attorney that handles these kinds of cases and is familiar with the process, the law, and the agencies involved. Below you will find an overview of how the process works.

 

Administrative Expungement: an arrest of an adult or minor made contrary to law or by mistake may be expunged by applying to the Florida Department of Law Enforcement. (FDLE). The application may be submitted by the law enforcement agency or by the arrested individual as prescribed under the statute and rule. The application must include the date and time of arrest, the name of the individual arrested, the offender-based tracking system (OBTS) number, and the criminal charge(s). An application submitted by a law enforcement agency must be submitted on the submitting agency’s letterhead and must be signed by the head of the agency or their designee. An application submitted by an adult or minor that was arrested must be submitted with the endorsement of the head of the arresting agency or the state attorney of the judicial circuit in which the arrest occurred.

 

Court-Ordered Expungement: a person may have a criminal record expunged by a Judge if they fall under certain criteria of eligibility. An individual is eligible to petition for expungement if:

  1. An indictment, information, or other charging document was not filed in the case that caused the criminal history.
  2. An indictment, information, or other charging document was filed but then:
    1. Dismissed or nolle prosequi by the state attorney.
    2. Dismissed by a court having jurisdiction or a judgment of acquittal was rendered by a judge.
    3. A verdict of not guilty was rendered by a jury or judge.
  3. The individual is not seeking to expunge an ineligible criminal history record.
  4. The individual has never, as of the date of the application being filed, been adjudicated guilty of a criminal offense, adjudicated delinquent of a felony or certain misdemeanors.
  5. The individual has not been adjudicated guilty or delinquent for any acts stemming from the criminal history that the petition pertains to.
  6. The individual is no longer under court supervision for the criminal record that the petition pertains to.
  7. The individual has never previously obtained a prior sealing or expunction unless expunction is based on a previously sealed record that is otherwise eligible for expunction.

Certificate of Eligibility: If you fall under the eligibility criteria then the first step is to apply to FDLE for a Certificate of Eligibility to Expunge your criminal history record. FDLE will determine if the individual:

  1.  Falls under the eligibility criteria, and
  2. Has submitted a written certified statement from the appropriate state attorney confirming that the individual is eligible, and
  3. Has submitted a certified copy of the disposition of the charge(s), and
  4. Has provided a $75 processing fee. 

Petition: Once FDLE determines that the individual is eligible and has completed all necessary steps, FDLE will then issue a Certificate of Eligibility that will go along with the petition to the appropriate court for expunction. The petition must include:

  1. A valid certificate of eligibility,
  2. Petitioner’s sworn statement that they satisfy the eligibility requirements and is eligible for expunction to the best of their knowledge and does not have any other pending petition for expunction before any court.

 

Court-Ordered Sealing

An individual is eligible to petition for sealing if:

  1. The individual is not seeking to seal an ineligible criminal history record.
  2. The individual has never, as of the date of the application being filed, been adjudicated guilty of a criminal offense, adjudicated delinquent of a felony or certain misdemeanors.
  3. The individual has not been adjudicated guilty or delinquent for any acts stemming from the criminal history that the petition pertains to.
  4. The individual is no longer under court supervision for the criminal record that the petition pertains to.
  5. The individual has never previously obtained a prior sealing or expunction.

Certificate of Eligibility: If you fall under eligibility criteria then the first step is to apply to FDLE for a Certificate of Eligibility to Seal your criminal history record. FDLE will determine if the individual:

  1. Falls under the eligibility criteria, and
  2. Has submitted a certified copy of the disposition of the charge(s), and
  3. Has provided a $75 processing fee. 

Petition: Once FDLE determines that the individual is eligible and has completed all necessary steps, FDLE will then issue a Certificate of Eligibility that will go along with the petition to the appropriate court for expunction. The petition must include:

  1. A valid certificate of eligibility,
  2. Petitioner’s sworn statement that they satisfy the eligibility requirements and is eligible for sealing to the best of their knowledge and does not have any other pending petition to seal or expunge before any court.

 

If you or your loved one needs to get a criminal record expunged or sealed, you need to hire an experienced and knowledgeable criminal defense attorney who can help you navigate the process. Call an attorney at KJ LAW today!

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