What are the Steps Involved in Expunging a Record?
By Jonathan Blecher on November 1, 2024
Expunging a criminal record can improve your life by removing a past offense from public view. It is a legal process that, if successful, can offer a fresh start for individuals with a criminal history. However, expungement in Florida involves a series of legal steps, requirements, and procedures outlined under Florida Statute 943.0585. To understand how to delete a record and to receive dedicated legal help for expunging or sealing your record, you should hire a proven Miami expungement attorney.
Eligibility for Expungement
In Florida, depending on the outcome of the case, expungement or sealing of the records might be available to you. Florida has strict eligibility requirements for expunging a criminal record, which are laid out in Florida Statute 943.0585.
To be eligible, you must:
- Not have been convicted (adjudicated guilty) of any criminal offense in Florida.
- The charges have been dismissed, dropped, or acquitted in the case for which you are seeking expungement.
- No previous record sealing or expungement. Florida law allows only one court-ordered expungement or selaing in a lifetime.
- Not be currently under court supervision (such as probation) for the case in question.
- Your case must not involve certain serious offenses, such as violent crimes or crimes against children and domestic battery charges, which are ineligible for sealing under Florida law.
Step-by-Step Process of Expunging a Record in Florida
To pursue the expungement process, you should get legal representation from a dedicated Miami criminal defense lawyer. Your lawyer will help you with the following steps:
Step 1: Apply for a Certificate of Eligibility
Before filing a petition for expungement in court, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms that you meet the legal requirements for expungement.
To apply for the certificate, you will need to:
- Apply to the FDLE.
- Provide a certified copy of the disposition of your criminal case (this is a document showing the outcome of your case, such as charges being dropped or you being found not guilty).
- Obtain a written statement from the state attorney or prosecutor confirming that your case qualifies for expungement based on the dismissal or acquittal.
- Pay a $75 filing fee (the filing fees may be waived under certain circumstances.)
Once approved, the FDLE will issue your Certificate of Eligibility, which is valid for 12 months. You can reapply if you file your petition within this time frame.
Step 2: File a Petition for Expungement in Court
After receiving your Certificate of Eligibility, the next step is to file a petition with the court where the case was initially heard. This petition must include:
- The Certificate of Eligibility issued by the FDLE.
- A sworn statement from you confirming that you meet the eligibility requirements and that there is no other pending petition to seal or expunge another criminal history record.
- Payment of a Clerk’s filing fee
Your petition is a request to the court, asking the judge to grant the expungement. A court hearing may be scheduled, and the prosecutor will have an opportunity to object.
Step 3: Attend the Court Hearing (If Necessary)
In some cases, the court may schedule a hearing to review your petition. At this hearing, the judge will review your eligibility and the facts of your case. If there is any objection from the prosecutor, you may need to present your case for why the expungement should be granted. It is highly recommended to have legal representation during this stage, as your lawyer can advocate on your behalf and address any concerns raised by the court or prosecutor.
Step 4: Receive the Court’s Decision
If the judge grants your petition, they will issue an expungement order, and your criminal record will be deleted. This means that your arrest and case records will be sealed from public view, and in most situations, you will not need to disclose the record on job applications, housing forms, or other background checks. However, some governmental entities, such as law enforcement or licensing agencies, may still have access to the sealed or expunged record.
If the petition is denied, you may have the option to appeal the decision, although this is a more complex legal process that requires further legal action.
What Happens After Expungement?
Once your criminal records are expunged after a court order, you will legally be allowed to deny the arrest or criminal charge in most situations. For example, when applying for jobs, housing, or education programs, you can answer “no” when asked if you have been arrested or convicted of a crime.
However, certain exceptions apply. For example, government agencies involved in criminal justice, law enforcement, or professional licensing may still be able to access your expunged record. Additionally, if you are seeking employment in fields such as law enforcement, healthcare, or education, the expunged record may still be considered.
How Florida Expungement Lawyer Jonathan B. Blecher, P.A. Will Assist You in the Expungement Process
The expungement steps in Florida can be complex, and having an experienced attorney like Jonathan B. Blecher, P.A., by your side can make all the difference.
Evaluating Your Eligibility
The first in the expungement process is determining whether you are eligible under Florida law. Jonathan B. Blecher will thoroughly review your case, analyzing factors such as the nature of your charges, case outcomes, and your prior criminal history to determine if you meet the strict eligibility requirements under Florida Statute 943.0585. This evaluation ensures that you have the best possible chance of a successful expungement.
Assisting with the Certificate of Eligibility
To begin the expungement process, a Certificate of Eligibility must be obtained from the Florida Department of Law Enforcement (FDLE). Jonathan B. Blecher will assist you in gathering all necessary documents, such as the certified copy of your case disposition and the written confirmation from the prosecutor. He will also ensure that the application is completed accurately and submitted with the appropriate $75 fee, streamlining the process to avoid delays.
Preparing and Filing Your Petition
Filing a petition for expungement requires precision and knowledge of the legal system. Jonathan B. Blecher will prepare your petition, ensuring it complies with all legal requirements. He will include the necessary Certificate of Eligibility, along with your sworn statement, and file the petition with the appropriate court. His legal expertise ensures that your petition is filed correctly and efficiently, reducing the likelihood of issues that could hinder your expungement.
Advocating for You in Court
If a court hearing is required, Jonathan B. Blecher will represent you, presenting a solid argument for why your record should be deleted. With decades of experience as both a defense attorney and a former prosecutor, he knows how to counter any objections from the state and highlight the merits of your case. His deep understanding of how the prosecution works enables him to anticipate their strategies and respond proactively.
Post-Expungement Guidance
Once your criminal record is successfully expunged, Jonathan B. Blecher will provide you with guidance on how to move forward. He will advise you on your rights and obligations, explaining when and how you can legally deny your prior arrest or charges when applying for jobs, housing, or educational opportunities.Jonathan B. Blecher, P.A., offers personalized and strong legal assistance at every stage to give you the best chance of a successful expungement and help you move forward with a clean slate. To schedule your free consultation, call us at 786-745-7856 or contact us online.