What records cannot be expunged in Florida?
Asked by: Prof. Hulda Gulgowski | Last update: May 22, 2025Score: 5/5 (30 votes)
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
What cannot be expunged in Florida?
Remember, while many felonies might be eligible, certain serious crimes, like murder, sexual battery, and child abuse, cannot be expunged.
What kind of felonies can be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
How long do you have to wait to get your record expunged in Florida?
On average, an expungement in Florida takes 5-7 months.
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.
What Felonies Can Be Expunged In The State of Florida?
How much does it cost to have your record expunged in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
What is the Clean Slate Act in Florida?
The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.
How can I get my record expunged for free in Florida?
One such initiative is led by the Florida Justice Center. It has announced its commitment to providing free attorneys to eligible individuals seeking to have their arrest records sealed or expunged.
Will an expunged record show up on a federal background check?
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.
How to find out if your criminal record has been expunged?
You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.
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.
Will a sealed record show up on a gun background check?
FBI for background checks related to firearms. Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
Can judges see expunged records?
Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
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.
Will a sealed record show up on a level 2 background check?
While most background checks may not reveal sealed records, a Level 2 background check can access these under certain circumstances. Sealed records might still be visible for specific roles that require a higher level of scrutiny, such as federal positions or jobs involving national security.
How do I clear my record in Florida?
In order to have a criminal history record sealed or expunged, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. After a Certificate of Eligibility is obtained, you can then petition the court for an order to seal or expunge your record.
What is considered a clean criminal record?
Lawyers will advise you that clean criminal records are ones in which no convictions are present. Some of the items that will appear on criminal records include: Convictions and arrests. Dismissals.
What is the Clean Needle Act in Florida?
On June 27, 2019, Gov. Ron DeSantis signed into law the Infectious Disease Elimination Act (IDEA) that allows county commissions to authorize sterile needle and syringe exchange programs for people who inject drugs. Disease prevention must be the goal of every exchange program.
What is the 7 year rule?
The 7 year rule
No tax is due on any gifts you give if you live for 7 years after giving them - unless the gift is part of a trust. This is known as the 7 year rule.
How far back does a 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.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
What charges Cannot be sealed or expunged in Florida?
Persons who have been convicted (adjudicated guilty) of a felony are not eligible for an expungement or sealing of their criminal history record under Sections 943.0585 or 943.059, F.S., regardless of whether their civil rights have been restored.
Who can see my expunged record in Florida?
If you are seeking to be employed or licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice, or you wish to work with children, the elderly, or disabled people (mentally or physically), those ...
Who is eligible for expungement in Florida?
(1) ELIGIBILITY. —A person is eligible to petition a court to expunge a criminal history record if: (a) An indictment, information, or other charging document was not filed or issued in the case giving rise to the criminal history record.