Expungement in the State of Florida

 

When you are charged with a crime in the state of Florida, it automatically goes onto your criminal record. This can make it difficult for you when applying for jobs, housing, or certain licenses in the state, because if anyone does a background check, they will learn of your criminal history and may not be inclined to choose you over a person without a record.

 

Because of this, the federal government allows for a legal process called expungement, which can erase, seal, or otherwise destroy records associated with the crime for which you were charged. The laws of expungement vary from state to state, with a few refusing to allow anyone to clear their criminal records of anything, but Florida, thankfully, is not one of these states.

 

Florida expungement rules

 

Under Florida state law, an individual is eligible to have his or her criminal record expunged only if they were not convicted of the crime for which they were charged. In Florida, expungement means that a particular person’s record will no longer be accessible by the public at large. When a prospective employer or other agency attempts to access your records, all they will see is a statement in your file that says the record was expunged.

 

It does not, however, mean that files related to your charge will be physically destroyed. These files will be maintained by authorities in the event that specific circumstances arise and there is a need to access the information. Legally acceptable reasons for someone to access your sealed records includes:

 

• You decide to run for public office
• You apply for enlistment in the United States armed forces
• You are charged with another crime

 

In the first two instances, a thorough background check is mandated by law, so the agencies conducting them will be allowed to access any of your information that they wish to see.

 

And for the final example, if you are charged with another crime in the future, your previous charge can be used against you as a prior offense. This means that your new crime will not be charged as if it were a first time offense, and you will likely receive harsher punishments if you are convicted. Still, if your crime is granted expungement, you will legally be allowed to say that you never committed the crime, and even confirm this in documentation or court if you need to.

 

Because Florida’s expungement laws and the process you need to go through can be confusing, it may be advisable to contact a Florida attorney experienced in the state’s expungement proceedings. This way, you can avoid having your application for expungement overturned on technicalities such as not completing all necessary paperwork, turning in the wrong information, not meeting deadlines, or making other mistakes. Because expungement is a privilege and not a right, even the smallest inaccuracies can mean that it will be denied.

 

Florida expungement versus Florida record sealing

 

Sealed records in Florida are not the same as expunged records. While records that have been expunged aren’t able to be accessed by the public or by law enforcement agencies, sealed records are only kept hidden from the public. This means that you will still be protected from employers, credit card companies, organizations offering grants, and professional licensing organizations seeing your criminal record, but certain specific government officials defined under Florida State Statutes will have this ability. This is important to note because depending on past crimes or the nature of the crime which you are seeking to strike from your criminal record, you may be eligible for sealing, but not expungement.

 

How can you attain a Florida expungement?

 

All proper paperwork must be sent in to the court where your case was originally tried in the form of a petition if you wish to have your crime expunged. As noted earlier, the judge who looks at your petition has the ability to grant or deny expungement. His or her decision can be based on many factors, including:

 

• Whether or not you have been charged or convicted for any other crimes
• Whether or not you have been a benefit to society since the crime
• Whether or not granting you expungement will benefit society
• Whether or not all paperwork was completed correctly and fully

 

If he or she does not believe that your expungement is in the court’s favor, it is likely that your petition will receive a ruling of denied.

 

Who is eligible for a Florida expungement?

 

Expungement laws in Florida are quite strict, allowing only a select few to even petition for the privilege. Individuals who fall under this category much have been acquitted of all charges against them, be pardoned of all of their crimes, or circumstances must have caused the court to withhold adjudication after the person was arrested.