Do I need a lawyer to expunge my record in Florida?
Asked by: Archibald Rath | Last update: March 22, 2025Score: 4.8/5 (60 votes)
Do I have to have an attorney to get my criminal history sealed or expunged? There is no requirement that you have an attorney in order to request a seal or an expungement of your criminal history record.
How much does it cost to get something expunged off your record in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
What are the requirements for expungement in Florida?
Eligibility Criteria for Expungement in Florida
No Current Criminal Charges: At the time of the application, you must not be facing any criminal charges. Mandatory Waiting Period: Generally, you must wait a specific period after completing your sentence before applying.
How to get a record expunged in Florida for free?
Understanding Eligibility for Free Expungement
In Florida, certain requirements must be met to qualify for expungement, such as the following: No prior expungements or record sealings. No adjudication of guilt for the crime in question. No current criminal charges or supervision.
Will my expunged record show up on a background check in Florida?
In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses. But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged.
How to Seal or Expunge Florida Criminal Record | Sealing and Expungement Process in Florida
Does your criminal record clear after 7 years in Florida?
No, felonies in Florida do not automatically disappear after 7 years. Criminal records, including felonies, remain part of your public record unless they are sealed or expunged.
Who can see your record after expungement?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
Can I get a charge expunged without a lawyer?
Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.
What is the second chance program in Florida?
The “Second Chance Program” helps open doors and change lives. The Second Chance Sealing/Expunging program helps individuals arrested for certain low-level offenses obtain court orders sealing and/or expunging their records. This enhances these individuals' career, educational, and housing opportunities.
What cases cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
Where do I send my expungement form in Florida?
What is the benefit of expungement in Florida?
Having your record sealed or expunged means that your criminal record will either be destroyed or removed from public access, making it confidential to the public, future employers, and common background searches, with certain limitations.
How long does expungement take in Florida?
On average, an expungement in Florida takes 5-7 months.
Can you answer no if your record is expunged in Florida?
Under Florida law, somebody who has their criminal record sealed or expunged may “lawfully deny or fail to acknowledge the arrests covered by the sealed [or expunged] record.” In plain terms, this means that you may legally deny that you were ever arrested.
How to expunge your record in Florida for free?
- Step 1: Obtaining and Completing the Application. ...
- Step 2: Submit Application to the State Attorney's Office. ...
- Step 3: Submit completed application to FDLE. ...
- Step 4: Complete and File a “Petition and Affidavit to Expunge or Seal” ...
- Step 5: Filing the Petition.
What is the last clear chance rule in Florida?
"The doctrine of 'last clear chance' has been recognized by this court .... It is founded upon reasons humane which forbid a wrongdoer from taking advantage of the perilous position of his fellow man to inflict injury and escape responsibility." Davis v. Cuesta, 146 Fla.
What is Florida Drop Program?
The Deferred Retirement Option Program (DROP) is a voluntary retirement program that is available only to FRS Pension Plan members who qualify for normal retirement. The DROP allows you to effectively retire while delaying your termination.
Can FBI see expunged records?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
Will a sealed record show up on a background check in Florida?
If a Florida criminal record has been officially sealed or expunged, the FDLE will remove public access to it and will erase it from the person's criminal history. Any changes to the FCIC are forwarded to the NCIC, where the expunged/sealed records are redacted.
How much does expungement cost in Florida?
$275.00 Fee to Seal or Expunge
Criminal Records include judicial records (Courthouse) and non-judicial records (police records of arrest, bookings etc.)
How far back does background check go in Florida?
Generally, there are no state laws in Florida that regulate how far back a pre-employment background check can go. This means that some screenings can look indefinitely into someone's history—including criminal records.
Does Florida have a 7 year rule?
The 7-year rule in Florida is used as a reference point by courts to classify marriages based on their duration. Marriages lasting seven years or more are considered long marriages, whereas those shorter than seven years fall under the short marriage category.
Who qualifies for expungement in Florida?
The eligibility criteria for sealing or expungement include the requirement that the applicant be able to attest that he/she has never previously had a record sealed or expunged, under Section 943.059, Section 943.0585, or previous versions of those statutes, in Florida.