What Crimes Can Be Expunged in Florida?

Imagine waking up each morning with the weight of a past mistake hanging over your head. You've paid your dues and turned your life around, but your criminal record affects your job prospects, housing opportunities, and personal relationships – not to mention the embarrassment you feel when people find out you have a criminal record.

If this resonates with you, you're not alone. Thousands of Floridians seek a fresh start by exploring the possibility of expunging their criminal records.

Expungement is the process of legally removing or destroying criminal records, resulting in a clean slate. But what crimes can be expunged in Florida? Florida criminal lawyer Ronald S. Chapman answers this question and explains the eligibility requirements and how the process of expungement works.

If you have questions on expungement or need help getting started, contact us at (561) 832-4348 to schedule a meeting, so we can begin to fight for you.

Expungement vs. Sealing Records

Before looking at the types of crimes eligible for expungement in Florida, it's important to understand the difference between expungement and sealing records.

• Expungement is a legal process that effectively removes a criminal record from public view, allowing you to start fresh and move forward without the burden of a past offense. When a criminal record is expunged, all related documents and information are destroyed, except for one confidential copy retained by the Florida Department of Law Enforcement (FDLE).
• Sealing records is a legal process restricting access to your criminal record, making it confidential and inaccessible to the general public. When a criminal record is sealed, the documents and information associated with the case are preserved. However, access to them is limited to specific individuals and entities with a legal right to view the records. Sealed records are not destroyed, unlike expunged records.

Not all offenses are eligible for expungement, and the specific criteria and procedures for expungement can be more stringent than those for sealing. In some cases, you may not have a choice and may only be eligible for record sealing.

It's essential to consult with a criminal lawyer to determine the best course of action based on your circumstances and eligibility.

Eligibility for Expungement in Florida

To be eligible for expungement under Florida law, you must meet specific criteria. These include:

1. No prior expungement or record sealing in Florida or any other jurisdiction
2. No adjudication (legal ruling or judgment) of guilt for the crime you seek to expunge
3. No current criminal charges, probation, or other court-ordered supervision

Charges ultimately dropped, dismissed, or resulted in an acquittal are also eligible for expungement in Florida.

Crimes Eligible for Expungement

While not all crimes are eligible for expungement in Florida, several categories of offenses can be expunged. These include:

• Nonviolent Misdemeanors: Most nonviolent misdemeanors are eligible for expungement, such as petty theft, disorderly conduct, and trespassing
• First-time Drug Offenses: First-time drug possession charges, excluding charges related to drug trafficking, can potentially be expunged
• Juvenile Offenses: Certain juvenile offenses can be expunged, depending on the nature of the crime and the age of the offender
• Arrest Records: Arrest records without formal charges or cases that have been dismissed can be expunged

Crimes Ineligible for Expungement

There are specific crimes that cannot be expunged in Florida. These include:

• Violent Crimes: Crimes such as murder, manslaughter, kidnapping, and assault are not eligible for expungement.
• Sexual Offenses: Sexual offenses, including sexual battery, child molestation, and child pornography, cannot be expunged.
• Domestic Violence: Domestic violence crimes are not eligible for expungement.
• Traffic Violations: Traffic violations resulting in serious bodily injury or death cannot be expunged.

The Expungement Process in Florida

To expunge a criminal record in Florida, you must follow a specific process:

1. Obtain a Certificate of Eligibility: You must obtain a Certificate of Eligibility from the FDLE before applying for expungement. This certificate confirms that your criminal record qualifies for expungement.
2. Prepare the Petition for Expungement: You must complete the Petition for Expungement, which includes providing detailed information about the crime, your personal information, and the reason for seeking expungement.
3. File the Petition with the Court: The Petition for Expungement and Certificate of Eligibility must be filed with the court that originally handled the criminal case.
4. Attend a Court Hearing: A court hearing will be scheduled to determine whether the expungement request will be granted. You or your attorney must attend the hearing and present the case for expungement.
5. Obtain a Court Order: If the court approves the expungement, a court order will be issued, directing the appropriate agencies to expunge or seal your criminal record.

Because of the required process, it typically takes an average of nine months (though it could be less) to have your record expunged if there are no delays.

Benefits of Expungement in Florida

Expunging a criminal record in Florida has several significant benefits. These include:

1. Employment Opportunities: Expunged records are not accessible to potential employers during background checks, increasing job prospects.
2. Housing Prospects: With an expunged record, you may have improved access to housing, as landlords often conduct background checks on prospective tenants.
3. Education and Financial Aid: Expungement can increase the chances of being accepted into educational institutions and receiving financial aid, as many schools require background checks for admissions and financial assistance.
4. Professional Licenses: Expungement can improve the likelihood of obtaining professional licenses, as licensing boards often review criminal records during the application process.
5. Personal Reputation: Lastly, expunging a criminal record can help restore your personal reputation and alleviate the social stigma associated with having a criminal record.

Frequently Asked Questions

Q: If I get an order for expungement in Florida, who notifies all the law enforcement agencies involved??

A: In Florida, once an order for expungement is granted, it is the responsibility of the Clerk of Court to notify all the law enforcement agencies involved. The Clerk will distribute certified copies of the expungement order to the arresting agency, the State Attorney's Office, and any other criminal justice agencies that received the criminal history record.

These agencies are then required to comply with the court order by removing any public records associated with the expunged case, except for the one confidential copy retained by the FDLE.

Q: Do I have to disclose an expunged felony in Florida?

A: Once a criminal record has been expunged, you generally do not need to disclose the expunged felony. However, there are certain exceptions where you may need to disclose the expunged felony.

Review the specific situation and consult with your attorney if you’re unsure whether you must disclose an expunged felony in Florida.

Q: Do I need a lawyer to expunge my record in Florida?

A: While it's not required, having a lawyer can help ensure that the process goes smoothly and that all necessary steps are completed correctly.

Q: Can potential employers see my expunged record?

A: No, once a record is expunged, it is treated as if it never existed. Employers, landlords, and other parties conducting background checks will not have access to the expunged record.

Q: Can I expunge multiple arrests or convictions?

A: Florida law generally allows for only one expungement. However, there may be exceptions if the arrests or convictions are related or occurred within a short period. Consult with an attorney to discuss your specific situation.

Seeking Expungement in Florida? Contact Criminal Attorney Ronald S. Chapman, P.A. for Personal Attention

Navigating the expungement process in Florida can be complex, but you don't have to do it alone. Florida criminal lawyer Ronald S. Chapman, P.A. has over 34 years of experience assisting clients with expungement in Florida. Reach out now to discuss your case and take the first step toward a brighter future providing you with peace of mind.

Mr. Chapman is a sole practitioner, and you will deal directly with him and receive his personal attention. Contact our office at (561) 832-4348 to schedule a meeting and discuss the expungement process and your legal options, so we can begin to fight for you.

Copyright © 2023. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/