Imagine this: you wake up each day, thinking about your past mistake, afraid of your criminal record, thus making it hard for you to move forward. Indeed, this situation may be familiar to many Floridians. But, there’s something that you can do to be relieved from this situation. There is hope in the form of felony expungement—a legal process that offers a chance at redemption and a fresh start.
Expungement vs. Sealing Records in Florida
Expungement and sealing records are often used interchangeably, but they represent distinct legal processes. These have different implications for individuals seeking to clear their criminal records.
Felony expungement in Florida is akin to wiping the slate clean. It’s erasing all traces of a criminal record from public view. When a record is expunged, it is as if the offense never occurred. So, you will have a chance in life.
On the other hand, sealing records restricts access to the criminal record. This makes it confidential and inaccessible to the general public. While sealing provides a degree of privacy, the record still exists, albeit under restricted access.
Eligibility for Felony Expungement in Florida
The eligibility criteria for expunging a felony in Florida are stringent and must be met to proceed with the process successfully.
No Prior Expungements or Record Sealings: Individuals must not have had their records expunged or sealed before, neither in Florida nor in any other jurisdiction. This ensures that expungement is reserved for those truly deserving of a second chance.
No Adjudication of Guilt: There should be no formal conviction or adjudication of guilt for the crime in question. This means the individual has not been officially found guilty of the offense.
No Current Criminal Charges or Supervision: Individuals must not be facing any current criminal charges or be under any court-ordered supervision. This shows a commitment to rehabilitation and lawful behavior.
Eligible Disposition of Charges: Charges that were dropped, dismissed, or resulted in an acquittal are typically eligible for expungement. These outcomes indicate that there was no conviction on the individual’s record.
Crimes Eligible for Expungement
In Florida, not all crimes are eligible for expungement, but several categories of offenses can be cleared if they meet specific criteria:
- Nonviolent Misdemeanors: This includes offenses like petty theft, disorderly conduct, and trespassing.
- First-Time Drug Offenses: Charges related to drug possession (excluding trafficking) for first-time offenders may be eligible for expungement.
- Certain Juvenile Offenses: Depending on the nature of the crime and the age of the offender, certain juvenile offenses may qualify for expungement.
- Arrest Records without Formal Charges: Cases where there were no formal charges filed or where the charges were dismissed can also be considered for expungement.
Crimes Ineligible for Expungement
While expungement offers a path to redemption for many individuals, certain crimes are ineligible for clearance in Florida.
- Violent Crimes: Offenses such as murder, manslaughter, kidnapping, and assault are ineligible for expungement due to their severity and lasting impact on society.
- Sexual Offenses: Crimes like sexual battery, child molestation, and child pornography cannot be expunged, recognizing the imperative to safeguard vulnerable populations from harm.
- Domestic Violence Crimes: Offenses related to domestic violence are not eligible for clearance, acknowledging the widespread nature of intimate partner violence and its significant consequences.
- Traffic Violations with Serious Consequences: Traffic violations resulting in serious bodily injury or death are not expungeable, highlighting the importance of accountability and public safety on the roads.
How To Expunge a Felony in Florida
The expungement process in Florida is detailed and involves several crucial steps. Here’s a breakdown to make it easier to understand:
1. Obtain Certificate of Eligibility
- To start the felony expungement process, individuals must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate confirms their suitability for expungement and ensures they meet the necessary eligibility criteria.
2. Prepare Petition for Expungement
- After obtaining the Certificate of Eligibility, individuals need to prepare a Petition for Expungement. This document includes detailed information about the crime, personal details, and reasons for seeking expungement. It serves as a formal request to the court for record clearance and must be completed accurately to avoid delays.
3. File Petition with Court
- Once the Petition for Expungement is prepared, it must be filed with the court that handled the original criminal case. This officially initiates the legal process for expungement.
4. Attend Court Hearing
- After filing the petition, a court hearing will be scheduled to review the expungement request. During the hearing, individuals or their legal representatives must present compelling arguments in support of expungement. This may include highlighting efforts towards rehabilitation, expressing remorse, and demonstrating positive contributions to society.
5. Court Decision
- Following the hearing, the court will decide whether to grant the expungement request. If approved, a court order will be issued directing the appropriate agencies to expunge or seal the individual’s criminal record.
6. Completion of Process
- The issuance of the court order marks the completion of the expungement process, signifying a new start for individuals seeking to leave their past behind, embrace a brighter future, and erase your felonies in Florida.
