Question: How Do I Seal And Expunge My Criminal Record In Florida?

Do I need a lawyer to seal my record?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process.

You usually will be required to pay a fee in in order to file the expungement application with the court.

In more complex situations, you will need the assistance of a qualified criminal law attorney..

What happens when your record is sealed?

When your record is sealed, it means it cannot be accessed by normal means. Those considering you for employment or who you are petitioning for a loan cannot look into these records during a background check. Furthermore, you can generally legally deny that the events on your record never existed.

How long does it take to seal a criminal record?

The courts perform work on a first come, first serve basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

How do I clear my criminal record in Florida?

Court-Ordered Sealing or Expungement – a person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his/her criminal history record. This is the required first step toward obtaining the court-ordered sealing or expungement of that record.

Does a sealed record appear on a background check?

Will my sealed criminal records show up on a background check? Sealed convictions should not show up on any background check run by an employer or licensing agency, unless you are applying for a job as a police officer or a peace officer or you are applying for gun license.

What is the difference between expunge and seal?

Expungement vs. Record Sealing. 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.

Does your criminal record clear after 7 years?

Not only is seven years the baseline lookback period for what is generally available at the courts, but this is also the industry standard for lookback periods. In addition, some states limit the reporting of criminal record information to seven years. States that have a seven-year scope limitation include: California.

How much does it cost to seal criminal record?

Sealing of records fees range from $1300 to $1500 and the application costs with FDLE and court filing fees are usually just under $150.

Does Florida follow the 7 year rule?

Yes. 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.

How can I get my record expunged for free in Florida?

Florida requires that you first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. With this certificate, you can then petition the court for an order to seal or expunge your record. There is a 12 month expiration date for certificates.

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…•

Do I need a lawyer to expunge my record in Florida?

You cannot seal or expunge your record for free. There are costs involved even if you do not hire a lawyer. See Free Record Expungement.

Who can see a sealed record in Florida?

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. (Florida Statutes § 943.059 (2018).) Expungement.

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

Fees and Costs to Seal or Expunge the Criminal Record Those costs include the $75 application fee to FDLE, the clerk’s fee to seal or expunge, the cost to the clerk’s office for certified copies of the final disposition and order.

How long does it take to seal a record in Florida?

5-7 monthsThe average time to complete a Florida record sealing or expungement is 5-7 months on average. The length of time depends on various factors: Whether your case is going to be a sealing or expungement (expungements take a bit more time due to additional legal requirements);