Expungement in Florida: Understanding the Basics with Criminal Defense Lawyer Roger P. Foley

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Expungement in Florida: Understanding the Basics
* Hiring an expungement attorney is highly recommended.

Expungement in Florida is a legal process that allows individuals to have certain criminal records sealed or completely erased from public view. This checklist outlines the basic steps and requirements for expungement in Florida:

1. Case Dismissal:
The case must be dismissed. This can happen through several avenues:
“No Information”: The state refuses to file official charges after your arrest.
Completion of a diversion program.
Successful motion to suppress or dismiss.
Not guilty verdict at trial.

2. Clean Record:
You must not have any prior expungements on your record.
You must not have any prior convictions on your record.

3. Application Process:
Begin by filling out a basic application for expungement with your lawyer.

4. State Attorney Review:
Your attorney will submit the application to the state attorney’s office for review and approval.

5. Required Documents:
You and/or your attorney will need to obtain a certified copy of the disposition (court documents) related to your case. You will also need be fingerprinted at your local police department or an approved provider.

6. FDLE Application:
Once you have the necessary documents, your attorney will submit everything via certiefied return receipt mail, including the application, disposition, and fingerprints, to the Florida Department of Law Enforcement (FDLE) and an application Fee of $75.

7. Certificate of Eligibility:
FDLE will review your application, which may take 3-6 months.
If you are eligible for expungement, FDLE will issue a Certificate of Eligibility and forward it to your attorney.

8. Attorney’s Involvement:
As an attorney that has handled hundreds, maybe thousands of cases, I can tell you that rarely do I here of pro se litigants successfully acquiring an expungement. There is a process taht must be strictly adhered to and the motion and orders must be correct. If they are not, it will cost time, money and may cause you to miss employment opportunities.

Be cautious of notaries or paralegals claiming to handle everything for you. They cannot. They are forbidden from representing you in a court of law or anywhere else. Also be cautious of attorneys that have their assistants do all the work. Mistakes can cause major problems and most of all delays. I have taken over many mishaps and when its improperly

9. State Attorney Communication:
Your attorney must confer with the state attorney’s office to discuss the expungement petition. The attorney must email and call these people. Dealing with numerous expungements throughout the year enables and an experienced attorney to make contact with the correct people and get the matter before the judge quickly.

10. Preparing the Petition:
Your attorney will prepare a motion to expunge and a proposed order, including all the necessary statutory language to ensure compliance with Florida law. Judges don’t do it. They simply place their signature and if its not correct you will have problems.

11. Court Approval:
Your attorney will present the petition and proposed order to a judge.
The judge’s signature on the order is crucial, as it authorizes the expungement.

12. Record Erasure:
Once the judge signs the order, all entities that have your record must erase it pursuant to Florida law. This may take another month to complete. FDLE will send your attorney a document indicating that they complied with Florida Law.

13. Timelines:
The entire process typically ranges from 8 months to a year, depending on various factors.

Expungement is a valuable legal process that can help individuals with certain criminal records regain their privacy and opportunities for employment, housing, and more. It’s essential to follow these steps carefully and seek legal counsel to navigate the complex expungement process in Florida successfully.
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