Florida Petition To Expunge Or Seal is a legal process that allows individuals to request that certain criminal records be removed from public view. This process is also commonly referred to as record sealing or record expungement. In order for a record to be expunged or sealed, an individual must first submit a Petition to Expunge or Seal with the appropriate court. There are two main types of Florida Petition To Expunge Or Seal: full expungement and record sealing. Full expungement of a record removes the record from public view, meaning it cannot be accessed through public records. Record sealing hides the record from public view, but it can still be accessed by certain criminal justice entities. In order to be eligible for a Florida Petition To Expunge Or Seal, the individual must meet certain criteria, such as having no other criminal convictions, not having any pending criminal charges, and not having any open cases. Additionally, the individual must wait a certain amount of time after the conviction or arrest before they are eligible to file a Petition. The process for filing a Petition To Expunge Or Seal in Florida involves several steps. The individual must first complete the Petition and submit it to the court along with supporting documents. The court will then review the Petition and make a decision on whether to grant the expungement or sealing. If the court grants the expungement or sealing, the individual must then submit a final court order to the applicable agencies to have the record expunged or sealed.
Florida Petition To Expunge Or Seal
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How to fill out Florida Petition To Expunge Or Seal?
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Fill in your copy of the Petition to Seal, Affidavit, and Order. You will file your Petition with the County Court for Misdemeanors or with the Circuit Court for Felonies. 2. Have the Affidavit notarized ? it must be signed in front of the notary.
THE BASICS ON SEALING OR EXPUNGING A RECORD: Technically, sealing a record makes it non-public only. However, the record is still maintained and can be accessed with a court order. When a record is expunged, an order is entered directing law enforcement and the courts to ?expunge? the record.
As with any court filing there is a small fee. In Florida the cost for an expungement petition is $75. This doesn't mean that you just pay your money and you're done. You have to make sure you have filled out the proper forms and you have all the relevant documentation.
Because of the required process, it typically takes up to 9 months to have your record sealed or expunged. This is because the first step in the process that everyone must go through is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement.
Automatic Sealing ? the criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes.
The eligibility criteria for sealing or expungement include the requirement that the applicant be able to attest that he/she has never previously had a record sealed or expunged, under Section 943.059, Section 943.0585, or previous versions of those statutes, in Florida.
You can obtain an application for the Certificate of Eligibility by downloading the application from this website, or by emailing the FDLE Expunge Section at SEinfo@fdle.state.fl.us, and requesting an application be mailed or emailed to you.
The Process Certified Copy of the disposition of the matter you are seeking to have sealed / Expunged. This form is available at the Clerk of Court. Your fingerprints. (Your local Sheriff's Office or FDLE can provide this service.) The application. $75.00 money order or cashier's check payable to FDLE.