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
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
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
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
Of course, a successful felony expungement in Florida<\/strong> opens you to a new world of opportunities. You have easy access to a range of local and state government employments slots such as law enforcement and teaching.<\/p>\n\n\n\n
Of course, and typical of court filings, the expungement petition comes with a fee – $75. However, besides the fee, remember you may need the assistance of experienced expungement attorneys to help with the paperwork and court presentations.<\/p>\n\n\n\n
While an expert can boost your chances of success, inexperience can ruin the entire process and take you back on square one.<\/p>\n\n\n
Of course, you can. If your arrest happened in Florida, you could seal or erase them from anywhere in the world. Even Florida visitors who got arrested during their stay can seek expungement on their return to their home countries.<\/p>\n\n\n
The attorney does not determine the pace of your sealing or expungement process. However, you can visit FDLE’s expungement online page to find out the applications they are currently on.<\/p>\n\n\n
Yes and No. Yes \u2013 if the charges are all from a single criminal case. If they are from different criminal episodes, only one can be sealed or expunged.<\/p>\n\n\n
You may not have to show up in court, except ordered by the trial judge. However, most attorneys will require their clients to appear during formal hearings. This shows how much value the process is to you.<\/p>\n\n\n
First, the Florida Department of Law Enforcement must offer you a Certificate of Eligibility<\/strong> as a proof of application approval.<\/p>\n\n\n\n
You will \u2013 most likely with the aid of an experienced attorney \u2013 prepare and submit a petition<\/strong> to expunge or seal to the court.<\/p>\n\n\n\n
Following the formal filing, the court either rules on the expungement petition without a court hearing, or fixes a date for the hearing.<\/strong> Ultimately, the court either grants or denies expungement approval.<\/p>\n\n\n\n
Where the court rules in support of the petitioner to grant the expungement or sealing, the judge will sign an expungement order.<\/strong><\/p>\n\n\n\n
The court order to expunge or seal one’s records is distributed to the law enforcement agency and related agencies that have a direct or indirect interest in your files, as well as the court clerk.<\/p>\n","protected":false},"excerpt":{"rendered":"