Have you ever thought about applying for a certain career or renting a new place and been turned down because of a mistake you made in the past? If you’re reading this article, you may already be well aware that wrongful arrests (for crimes that you were never convicted of) can haunt you a long time after the incident. When trying to get on with your life, a criminal record can be a very frustrating obstacle! Luckily, we’re here to breakdown an option that may work for you; expunging your criminal record. In the following blog we will explain the process of expunging your record, an estimated time for completion, and some great benefits that come with having your record expunged in the State of Florida.
Better job opportunities: With a clean record, you are more likely to land a job. Many employers do background checks, so this can be a game-changer in getting hired in a competitive market.
Easier housing searches: Landlords often check criminal records prior to leasing out their properties. Clearing your record can make better housing options available to you.
Pursuing your dreams: Many professions require thorough background checks for licensing and other clearances. A clean record means that you can chase your career goals without worrying about that one hiccup from long ago derailing a great opportunity.
Peace of mind: We find that it’s common for our clients, who have their records expunged, to feel like a heavy burden has been lifted off their shoulders. Cleaning up your criminal record gives you a chance for a fresh start at better opportunities and a happier life.
Now that we’ve covered how expunging your record can benefit you, let’s take a look at what types of charges are eligible to be cleared in Florida. Florida law allows for the sealing or expungement of certain types of charges, such as:
Cases that didn't lead to conviction: This includes charges that got dropped, dismissed, or where you were found not guilty.
Certain misdemeanors: If your misdemeanor fits specific criteria, you might be able to seal or expunge it.
Juvenile records: For those who made mistakes as kids, some juvenile records can be sealed to give you a fresh start as an adult.
Arrests with no formal charges: If you were arrested but not actually charged, you could potentially clear that record.
Certain felonies: In some cases, even felony charges can be expunged, but it's more challenging and will depend on your specific situation.
If there was a withhold of adjudication on your record, that charge will not be eligible to be expunged; however, there is always the option of sealing your record, but that’s a story for another blog post.
Another way you can check if you’re eligible to have your record expunged is to check the Floride Department of Law Enforcement Statue 943.0584. If your charge appears on the list, then you will not be eligible to have it expunged from your record.
So, how does it all work? How can you expunge your criminal record in Florida? Here's a step-by-step process, broken down in simple terms:
Eligibility check: First, you'll want to talk to a lawyer who knows about Florida expungement. They'll look at your situation to see if you're eligible.
Paperwork time: Your lawyer will help you with the paperwork, which includes filling out a "Petition to Expunge or Seal" and an affidavit (a fancy word for a sworn statement).
Filing with the court: You'll submit all those papers to the court along with some fees. Then, they'll set a date for a hearing before a judge.
Background check: The Florida Department of Law Enforcement (FDLE) will do a background check to make sure you meet the eligibility criteria. If you do, your case will move forward.
Court hearing: You'll go to a court hearing with your lawyer, and the judge will decide if you get the green light to clear your record.
Record sealing or expungement: If all goes well at your hearing, your criminal record will either be sealed or expunged. This means not everyone can see it anymore.
Now, let's talk about some other key factors that you’re probably thinking about, such as: how much would it cost to expunge your record and how long will it take to clear your criminal record? While our firm is very efficient at expunging criminal records, it's not something that will happen overnight. As with most things in the field of law, it’s a process. On average, expunging your record could take anywhere from 4 months to over a year, depending on the complexity of your case/request, and how busy the courts are at the time. We can’t give a 1 price fits all quote for all expungement cases, but we can tell you what to expect to pay for: some of the costs associated with expunging your record include attorney’s fees, court and filing fees, and a few other items such as fingerprinting and a background check. Please keep in mind that once you have completed the process of expunging your record in Florida, you will never be able to do it again. Make sure it counts by staying on track once you are approved.
If you find yourself constantly worrying about whether your record will eventually come back to cause you problems in life, it might be worth consulting with an experienced criminal attorney that can help you with expunging your record. Having a clean record will give you that ultimate peace of mind when it’s time to apply for jobs, a place to live, or even certain certificates. This can be a life-changing experience for you if you have been hindered by a one-off mistake. While an expungement will take much less time than other complex cases, it’s still best to plan important things that you’re doing around the process so that the criminal record doesn’t interfere with anything while you’re trying to clear it. If you are interested in more information about getting a criminal record expunged, please contact our office today at 305-514-0500.
