{"id":1084,"date":"2019-11-07T00:39:33","date_gmt":"2019-11-07T00:39:33","guid":{"rendered":"http:\/\/felonyfriendlyjobs.org\/?p=1084"},"modified":"2024-02-28T13:57:22","modified_gmt":"2024-02-28T13:57:22","slug":"expunge-felony-in-florida","status":"publish","type":"post","link":"https:\/\/felonyfriendlyjobs.org\/expunge-felony-in-florida\/","title":{"rendered":"How to Expunge a Felony in Florida"},"content":{"rendered":"\n

Florida grants background checkers easy access to criminal records.<\/p>\n\n\n\n

This relative ease is bad news for persons with an offense on their records. Felons’ chances of securing a good apartment<\/a>, decent job, and educational scholarship are significantly dependent on their background check reports.<\/p>\n\n\n\n

According to Florida laws, only individuals without convictions can seal or expunge their records.<\/p>\n\n\n\n

Sealing or expungement offers one-time criminals an opportunity for a fresh start. While this may be time- and cost-consuming, ultimately, the investment is well worth it.<\/p>\n\n\n\n

If you meet the eligibility requirements as spelled in the Florida constitution, you can strike off those demeaning errors and avoid the long-life implications.<\/p>\n\n\n\n

Florida Statutes make provision for expungement and sealing of criminal records in Section 943.059 and 943.0585.  These statutes may be somewhat too technical for inexperienced legal experts to understand. An experienced attorney may come handy here.<\/p>\n\n\n

Sealing and Expungement Requirements in Florida<\/strong><\/h2>\n\n
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\"How<\/figure><\/div>\n\n\n

Expungement or sealing of criminal records involves a range of requirements.<\/p>\n\n\n\n

Firstly, a petitioner must have a “Certificate Of Eligibility” \u2013 COE for short. Before you can proceed with your expungement or sealing application, you must have obtained this legal from FDLE (Florida Dept. of Law Enforcement.)<\/p>\n\n\n\n

Although you can request for the COE without any legal assistance, most failed expungement requests are traceable to improper or incomplete filing of the COE application.<\/p>\n\n\n\n

Noteworthily, obtaining and completion of the eligibility certificate is arguably the most time-consuming step in the application process.<\/p>\n\n\n\n

Even worse, if an application is declined for wrongful filing, you may need to wait for 4 to 6 months before you can begin the process all over.<\/p>\n\n\n\n

Again, confirm your expungement eligibility before you begin the process.<\/p>\n\n\n\n

If you have ever been found guilty of a criminal offense \u2013 whether traffic infractions, minor violations, and misdemeanor \u2013 Florida State forbids you the right to felony expungement or sealing. Little wonder why Florida is considered top among states with the most stringent rules for record expungement and sealing.<\/p>\n\n\n\n

In Florida, expungement is granted only to those who were arrested but not convicted or for criminal cases sealed for at least ten years.<\/p>\n\n\n\n

In Florida, typically, expungement takes up to 7 months. On average, you spend around $900 for the services of an expungement attorney.<\/p>\n\n\n\n

However, some attorneys grant their clients a money-back guarantee in the event the judge denies your expungement petition.<\/p>\n\n\n\n

If your chief reason for an expungement request is to restore your firearm rights<\/a>, it requires entirely different legal procedures.<\/p>\n\n\n

Difference Between Expungement and Sealing<\/strong><\/h3>\n\n\n

It is essential to understand the difference between expungement and sealing.<\/p>\n\n\n\n

Unlike an expungement, the path to sealing a record seems a lot faster and with fewer demands from the State Attorney who may want to challenge your expungement petition.<\/p>\n\n\n\n

Also, an expungement is only applicable to charges entirely dismissed by the judge or prosecutor. This may sometimes involve Pretrial intervention\/Deferred<\/a> Prosecution or Pretrial diversion.<\/p>\n\n\n\n

For cases not dismissed, those with a no contest or guilty plea, or convicted after trial (whether you got a withhold of adjudication<\/a> or not), then you are ineligible for an expungement. There are no exceptions.<\/p>\n\n\n\n

Again, if you ever got a conviction, and with a withhold of adjudication, you can seal a range of charges.<\/p>\n\n\n\n

Since some charges are not eligible for sealing, you may need to be sure you qualify before making any financial commitments and related efforts.<\/p>\n\n\n\n

However, in practice, both expungement and sealing offer related effects most felons seek \u2013 restricting public access to criminal records.<\/p>\n\n\n\n

The expungement, however, does more than merely sealing up records. It destroys the files \u2013 even though the FDLE keeps a secret record.<\/p>\n\n\n\n

But sealing of records will do you a lot good for employment, housing, education, and related purposes. In fact, record sealing might be the only available option for you, since an expungement is pretty much a \u2018holy grail\u2019 in Florida.<\/p>\n\n\n\n

It is also worth mentioning that a person can only expunge or seal one charge or arrest in Florida. Even if you get an adjudication withheld or multiple charges at different times, you will select which to seal \u2013 except the charges are offshoots of the same incident.<\/p>\n\n\n

Felony Expungement Eligibility <\/strong><\/h3>\n\n\n

First, do your homework to find out what the Florida laws say about your expungement eligibility. You stand a chance to felony expungement<\/a> where the district attorney never filed your charges formally, your case had been dropped\/dismissed, or if the court finds you not guilty.<\/p>\n\n\n\n

You may also obtain an expungement on completion of court-ordered sentences or by a guilty plea.<\/p>\n\n\n\n

Conversely, you automatically disqualify for an expungement in Florida if you’ve had a conviction or multiple charges\/arrest on your record. Florida law prohibits more than one expungement.<\/p>\n\n\n\n

That said, cases not eligible for expungement \u2013 even with a guilty plea \u2013 includes:<\/p>\n\n\n\n