Can a Lawyer Help Expunge a Felony from My Record?

By Jonathan Blecher on November 29, 2024

A felony on your record can significantly impact various aspects of your life, including employment, housing, and civil rights. In Florida, while it is possible to have a felony arrest record expunged or sealed if certain conditions are met, it is not possible to expunge a felony conviction. If you are concerned about how to clear your criminal history, you should consult an experienced Miami expungement attorney.

What is Expungement and How Does it Work in Florida?

Expungement is the legal process of removing or erasing a criminal record, effectively making it inaccessible to the public. Once a record is expunged, it will no longer appear in background checks for employment, housing, or other purposes. However, certain government agencies, like law enforcement, will still have access to these records under specific circumstances.

In Florida, the process for expunging criminal records is governed by statutes such as Florida Statute §943.0585 (expunction) and §943.059 (sealing). These statutes lay out the criteria that must be met and outline the procedural steps required to petition the court for expungement.

Eligibility for Expungement of a Felony Record in Florida

Florida Statute 943.0585 outlines who is eligible to ask a court to expunge, or erase, their criminal history record. Here is a breakdown of the key points of the state’s expungement law:

Eligibility to Apply: You can apply to have your record expunged if:
- No formal charges were ever filed against you in the case.
- If charges were filed, they were dismissed, dropped, or you were found not guilty.
- You are not trying to expunge a record that the law says cannot be expunged.
No Previous Convictions: You must have never been convicted of a crime (adjudicated guilty) or found delinquent for certain serious misdemeanors or any felonies. For example, offenses like assault, battery, arson, and animal cruelty disqualify you unless those records were already expunged.
No Prior Expungements or Sealings: You cannot have already had another sealed or expunged record, unless the previous record was sealed for at least 10 years and is eligible for expungement.
Completion of Court Supervision: You must have completed any court supervision related to the arrest (such as probation, community service and fines) before you can apply.
Previous Record Sealing: If your record was sealed for at least 10 years, you may apply for expungement but this requirement does not apply if the case ended with charges being dismissed, a not guilty verdict, or an acquittal before or during trial.

How a Lawyer Can Help With Expungement

One of the key questions in these cases is: “Can an attorney clear my felony record?” Expunging a felony with legal assistance involves several steps, including filling out detailed paperwork, obtaining documentation, and filing a formal expungement petition with the court. A skilled felony record expungement attorney can be instrumental in guiding you through each stage of this complex process.

Determining Eligibility

The first step a lawyer will take is to assess whether you qualify for expungement or record sealing. Given the rigid eligibility criteria for records related to a criminal conviction, an attorney will review your criminal history, case details, and court records to determine if you meet the legal requirements. They will also explain which option—expungement or sealing—is more appropriate for your situation.

Preparing and Filing the Petition

Once your eligibility for felony offense expunged records is confirmed, your attorney will gather the necessary paperwork, including:

A certified copy of your criminal history
The final disposition of your case (court documents showing how the case concluded)
A fingerprint card
A Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE)

After compiling these documents, your expungement attorneys will help you complete and file the petition for having your criminal record expunged or sealed. Errors in the paperwork or missing documentation can delay or jeopardize your petition, making legal guidance critical.

Representation at Court Hearings

In some cases, a court hearing will be required to determine whether expungement or sealing should be granted. Experienced expungement lawyers can represent you during this hearing, arguing why the expungement is justified and presenting evidence supporting your petition. They will also handle any objections from prosecutors or law enforcement.

Dealing with Complications

Even if you meet all the requirements, there may be obstacles that arise during the expungement process, such as opposition from the prosecution. A knowledgeable attorney will know how to address these issues and can argue for your right to clear your court record.

Post-Expungement Benefits and Compliance

Once your felony record is expunged or sealed, your lawyer will advise you on your rights moving forward. This includes your ability to legally deny the existence of the felony on job applications and in other situations where background checks are conducted.

Why Expunging Your Felony Record is Important

Having a felony arrest on your record can have far-reaching consequences in various areas of life:

Employment: Many employers conduct background checks, and a felony record may disqualify you from certain jobs or career paths. Expungement or sealing makes your record inaccessible to potential employers.
Housing: Landlords often conduct background checks, and a felony record could limit your housing options. Expunging your record can improve your ability to rent housing.
Education and Licensing: Certain professional licenses and educational opportunities are unavailable to individuals with a felony record. Expungement could help restore your eligibility for these opportunities.
Restoring Civil Rights: In Florida, certain civil rights, such as the right to vote, are automatically restored after completing the terms of a felony sentence, but other rights (e.g., firearm ownership) may still be restricted. Expungement or sealing can assist with regaining some of these rights.

Choose an Experienced Miami Expungement Lawyer

When you hire Jonathan B. Blecher, P.A. as your Miami expungement attorney, you gain access to over 40 years of criminal defense experience. You will not be passed off to a paralegal or clerk — your case will be defended by a seasoned attorney with proven strategies to guide you through the legal process. With his experience as a former prosecutor, attorney Blecher has insider knowledge of the criminal justice system, which allows him to identify and exploit weaknesses in the state’s case. Let our skilled and knowledgeable criminal defense attorney fight to clear your record and help you move forward with confidence. To schedule your free consultation, call us at 786-745-7856 or contact us online.