Do I Need A Lawyer To Expunge My Record In Florida?

How long does it take to get a record expunged in Florida?

5 to 7 monthsOn average, record sealing or record expungement can take anywhere from 5 to 7 months.

WARNING: Beware of anyone who tells you they can have your record sealed in less than 5 months.

Ask them to put their promise in writing and we expect they won’t.

There is NO EXPEDITED or RUSH procedure to get this done..

How many times can you expunge your record in Florida?

Under Florida law, you are only permitted to seal/expunge a record one time in your life. If you have ever sealed/expunged a record before, even if in another state, you cannot seal/expunge again.

Who can see expunged records in Florida?

(Florida Statutes §§ 943.0585, 943.059 (2018).) Sealing. After a criminal history record is sealed, the general public will not have access to it. Under Florida law, only certain government agencies—including law enforcement and the court system—will be able to view sealed information.

What is the difference between sealed and expunged?

While expungement clears a conviction or arrest off of a person’s record, sealed records give the appearance that the conviction or arrest has been cleared. In essence, when a person’s record is sealed, it means that it’s not readily available to the public.

What does nolle prosequi mean in Florida?

1 (Fla. 3d DCA 1982) (“A ‘no action’ is a dismissal of the pending charges before an information or indictment has been filed; a nolle prosequi is the dismissal of a pending information or indictment.”).

How far back can employers check criminal background in Florida?

seven yearsYes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA’s “7-year rule,” for example, certain criminal records must be removed from an applicant’s history after seven years.

What crimes can be expunged in Florida?

Sealed and Expunged EligibilityArson;Aggravated Assault;Aggravated Battery;Illegal Use of Explosives;Child abuse or aggravated child abuse;Abuse of an elderly person or disabled adult;Aircraft piracy;Kidnapping;More items…•

Can I expunge my driving record in Florida?

Pursuant to Section 943.059, Florida Statutes, and Florida Rule of Criminal Procedure 3.692, you may expunge a criminal traffic citation. … If you were adjudicated guilty of a charge, you are NOT entitled to expunge or seal the record.

Can I expunge a felony in Florida?

Can You Expunge a Felony in Florida. A felony conviction cannot be expunged from your record. Criminal records can only be expunged when there was no conviction for a felony, misdemeanor, or criminal traffic offense such as DUI or driving with a suspended license.

What is the difference between sealing and expunging a criminal record in Florida?

The key difference between expunging a person’s criminal record and sealing it is that a sealed record still “exists” in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.

What does no information filed mean in Florida?

If a “No Information” is filed, the accused person is not charged and the matter is dropped. If the accused was arrested on the charge and unable to post bond, he or she is released upon the filing of a “No Information”.

How much does it cost to get your record expunged in Florida?

Once your record is expunged in Florida, you will be able to apply to a wide range of state and local government jobs such as teaching or law enforcement. As with any court filing there is a small fee. In Florida the cost for an expungement petition is $75.

How do I expunge my record in Florida?

A petition to expunge (or seal) your criminal records must be done at the court where the arrest or conviction happened. A sealing or expungement in Florida will completely remove the incident from your records.

Do I qualify for expungement in Florida?

If you were arrested but not convicted of a crime, your criminal record may be eligible for sealing or expungement. To qualify, you must not have had a criminal record sealed or expunged in the past (even in another state), nor may you have a pending petition to seal or expunge a criminal record.

What does it mean when a charge is expunged?

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. … Expungement proceedings, however, must be ordered by a judge, or court.