Expunction of felony records in florida
Each expungement option has specific eligibility requirements.
Tallahassee Attorney: Sealing / DUI Expungement in Florida
And eligibility to expunge juvenile records under one statute does not necessarily mean they will eligible to do so under another statute. Moreover, pursuing a juvenile record expungement under the wrong expungement statute could foreclose expungement eligibility in a future criminal case.
For example, a juvenile who pursues a juvenile record expungement under the Court Ordered Expungement statute, will be unable to get a subsequently obtained adult criminal record expunged - even if the case was dismissed. However, a juvenile who elected a juvenile record expungement under the Diversion Program Expungement statute will retain their statutory eligibility to seek a Court Ordered Expungement statute under the Court Ordered Expungement statute should they be arrested later on.
Consequently, when seeking to expunge juvenile records, it is critically important that the expungement is pursued under the most favorable expungement method available. Florida law provides for five statutory expungement options that a juvenile may pursue in having their juvenile records expunged.
Process for Record Expungement in Florida
Under Florida Statute Once expunged, the criminal records will no longer appear on a background check. While there is no limitation as to how many times a juvenile can have a case expunged under this statute, an expungement under this statute is very rare and is usually limited to scenarios where law enforcement arrested the wrong person. Once automatically expunged, the criminal records will no longer appear on a background check.
If you were arrested but not convicted of a crime, your criminal record may be eligible for sealing or expungement. To qualify, you must not have had a criminal record sealed or expunged in the past even in another state , nor may you have a pending petition to seal or expunge a criminal record.
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If you were found guilty—or pleaded guilty or nolo contendere—there is an extensive list of crimes that are not eligible for expungement or sealing under Florida law. For example, you cannot have your record expunged or sealed if you have been found guilty of any felony or of driving under the influence. Victims of human trafficking who have been arrested for or convicted of a prostitution or obscenity offense may petition to have their criminal record expunged.
Sealing and Expunging Criminal Records in Florida
In this case, your petition must be accompanied by:. To file for expungement, you must first obtain a certificate of eligibility. The rules for cleaning up a criminal record in Florida are very complicated. To learn more about expunging criminal records in Florida—and to discuss your personal circumstances—you should contact a qualified criminal law attorney.
A good lawyer can guide you each step of the way. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Search Term. In Florida, some criminal records can be sealed or expunged under certain conditions.