Who Qualifies to have Their Record Sealed or Expunged?
A Florida criminal case can be expunged if there was a dismissal or not guilty trial verdict. A person who pleads guilty to a crime in Florida, but successfully completed probation as a first time offender, or otherwise received a withheld adjudication, might qualify have their criminal record sealed instead of expunged.
Benefits of an Expunged or Sealed Criminal Record in Florida
Having a clean criminal record may open up job opportunities otherwise unavailable by keeping a closed criminal case from showing up on a background check. Expunging or sealing your criminal case might also remove housing obstacles. For instance, applications for apartments, or membership in a Condominium Association or Homeowner's Association can be more successful once a lawyer has helped you seal or expunge your Florida criminal record. Not all States permit sealing or expunging of criminal record, so it is important to consult a lawyer in the State where you were charged.
How Long Does It Take To Have My Florida Criminal Record Expunged?
The process is burdensome and paperwork-intensive, so hiring an attorney to guide you through this process will greatly assist your chances of doing it right. Hiring a lawyer will give your petition to seal or expunge the best chance of being granted. On average, it takes six to nine months to complete the expungement process from the time your case is closed in Palm Beach County, Florida. Sealing a criminal record takes less time. Most of this time is spent waiting from the Office of the State Attorney to complete its portion of the application and for FDLE to review the application. There is often a backlog of applications in both offices.
What Does the Expungement Process Involve?
You first complete an application signed before a notary that is sent to the Office of the State Attorney. It takes several months to receive it back from them with their portion signed, acknowledging that you currently qualify to have the record of that case expunged. Then your fingerprints are taken and the application is sent along with a $75 application fee to the Florida Department of Law Enforcement (FDLE) in Tallahassee to be signed. FDLE will issue a Certificate of Eligibility to Petition for an Expunge Order if you qualify. Your attorney will then ask you complete an affidavit, which certifies that you have no old or new criminal offenses which would disqualify you for expungement. That affidavit accompanies a petition filed in front of the court in which your case was originally heard. Your lawyer will get a hearing date and appear for you in court. You will not have to appear for that court date. Sometimes a court date is not necessary. For instance, if the prosecutor agrees to the petition to expunge, we can get a court order of expungement without a court hearing at all.
Am I Guaranteed to Get My Record Expunged If I Receive a Certificate of Eligibility?
A Certificate of Eligibility to Petition for an Expunge Order is FDLE giving you the green light to file your petition in court. Your petition will include that certificate. The Office of the State Attorney has already signed off on your application if you have made it to this stage. On the day your petition is heard by the judge, the prosecutor will make sure you do not have any new arrests or charges that would disqualify you from having your record expunged. The judge has the discretion to grant or deny your petition.
Petitions for clients who qualify are usually granted, but I can imagine some situations in which it might be. For instance, the alleged victim may object to your record being expunged and the judge may choose to follow their wishes by denying your petition. Victims are supposed to be notified when you apply to have your record sealed or expunged and could attend the hearing if they wanted. However, a person who feels they were victimized has often long since come to terms with how the case was disposed by the time of the expungement hearing. Also, when criminal charges are dropped, the alleged victim usually has the opportunity to voice their opinion about it at that time and they have often had their wishes known during that part of the case. If the person charged was found not guilty at a trial, the person who felt victimized might not be in favor an expungement. A strong advocate in court is your best chance for the court granting an expungement in such situations where the petition might be contested. In my experience, client who qualify under the law have a strong chance of their expungement petition being granted.
What is the Difference Between Expungement and Sealing of a Criminal Record?
The difference between expunging your criminal record and sealing your criminal record is important. If your criminal case was dropped or dismissed, that record of that case could be fully destroyed by court order. However, if the case ended in a plea of guilty with adjudication withheld, then only a sealing can be accomplished at first. After a period of 10 years, that sealed record is then eligible for expungement. During the 10 years of having a sealed record, the court record continues to exist but it can only be viewed by a court order to unseal it. In other words, it is not destroyed like an expunged record.