It may seem unfair, but if Florida law enforcement agencies mistakenly arrest and fingerprint you for a misdemeanor or felony offense from which you are ultimately exonerated, it will generate a criminal record. It doesn’t matter if the charges were dropped or you were acquitted at trial, as the record of the arrest and disposition of the charges are open to the public. This, of course, can cause problems with employment opportunities and other aspects of life, as the arrest itself is a black mark on your reputation, despite indicators of innocence like acquittals or dismissals.
Fortunately, Florida law allows some criminal records to be expunged or sealed, provided that the disposition of the original arrest did not result in a conviction. However, Florida’s criminal record expungement process is complex, with rigid eligibility criteria that preclude approval for many applicants.
With experience helping their clients expunge their criminal records in Tallahassee and North Florida, the defense lawyers at Cowhey + Ward Attorneys at Law know all the steps required to navigate the complicated legal process. Let’s review if you’re eligible for criminal record expunction in Florida and detail the steps needed to guide you through the process. For complex cases that may require a hearing, you may want to consider hiring a skilled lawyer, such as those at Cowhey + Ward, to help streamline the process and secure a successful outcome.
The Difference Between Expungement and Sealing of Criminal Records
In what is known as “expunction,” the state of Florida allows those arrested to petition the courts to either expunge or seal their criminal records. When a criminal record is sealed, specific government agencies can still access it in its entirety, but it is inaccessible to the public. An expunged record can only be accessed by these government agencies with a court order.
Are You Eligible for Criminal Record Expungement in Florida?
Let’s cut to the chase: Florida criminal record expunction has stringent eligibility criteria under Sections 943.0584, 934.0585, and 934.059 of the state’s statutes. For starters, if you have been convicted in any state or territory of the United State of any misdemeanor or felony offense, you are generally ineligible. However, in cases in which you pled guilty or no contest, but the judge withheld adjudication, you may still be eligible. Eligible offenses based on court outcomes include:
- Arrests that did not lead to charges.
- Dropped or dismissed charges.
- Those that resulted in acquittal.
- Misdemeanor and some felony charges in which adjudication of guilt was withheld.
Certain offenses are legally ineligible regardless of case outcome or lack of adjudication. These include:
- Most Violent Felony convictions (unless pardoned).
- Sexual misconduct
- Lewd or lascivious acts involving minors.
- Luring or enticing a child.
- Other misdemeanors listed under Section 934.0584.
Additionally, Florida criminal record expunction is a once-in-a-lifetime opportunity. If you have already successfully expunged or sealed a criminal record, you cannot do the same for another.
Start Proving Your Eligibility for Criminal Record Expunction
Once you believe you are eligible for criminal record expungement or sealing, you must prove it by first obtaining a “Certificate of Eligibility” from the Florida Department of Law Enforcement (FDLE). Along with submitting a completed application for the certificate to FDLE, you must include the following:
- A certified copy of the case disposition from the clerk of court in the jurisdiction where the arrest occurred.
- A legible fingerprint card from a state law enforcement agency.
- A $75 non-refundable cashier’s check or money order payable to the FDLE.
Based on its findings, the FDLE will either issue the certificate via certified mail or send you a letter explaining why you are ineligible.
Prepare and File a Petition for Criminal Record Expungement
Once you have the Certificate of Eligibility in hand, you can obtain petition to expunge or seal forms from the arresting jurisdiction’s clerk of court. These forms include
- The petition.
- An affidavit, which you will have to sign before a lawyer or notary official.
- The proposed order to either seal or expunge criminal records.
When you have correctly filled out these forms, you must submit them, the Certificate of Eligibility, and court fees to the Clerk of Court, and certified copies of them to the Florida State Attorney’s Office and arresting agency headquarters.
State Attorney Office and Court Review
Once the Florida State Attorney’s Office has reviewed the petition and supporting documentation, it typically files a response to the court stating whether it objects to expunction. If there is no objection, courts normally process the petition without a hearing. However, if the Attorney’s Office objects, the court will hold a hearing in which you are allowed to petition for expunction in person. Based on that hearing, the court will either deny the petition or grant expunction and order relevant agencies to destroy or seal the criminal record. It will also provide you with a copy of the expunction order.
Follow-Up On Your Florida Criminal Record Expunction
After the court has granted an expunction of your record, you should follow up with the Clerk of Court, arresting law enforcement agency, and FDLE to ensure that they have complied with the court order. You should also provide all known background check companies with a copy of the order and request that they remove that information from their databases.
Consult with Cowhey + Ward for Your Criminal Record Expunction in FL
Navigating the legal complexities of criminal record expunction in Florida can prove highly challenging, especially if the court determines that the petition warrants a hearing. The criminal lawyers at Cowhey + Ward have demonstrated success in helping clients successfully expunge or seal their criminal records in Florida. To learn how Cowhey + Ward can help you clear your criminal record, contact our Tallahassee-based office today at (850) 222-1000.