A Florida Petition To Expunge is a legal process in which an individual or organization can petition a court to have certain criminal offenses removed from their criminal record. This process is available to anyone who has been charged with a crime in the state of Florida and meets the eligibility requirements. The two types of Florida Petition To Expunge are a Petition to Expunge a record of Arrest or Criminal Charge and a Petition to Expunge a record of Conviction. A Petition to Expunge a record of Arrest or Criminal Charge is a request to remove any record of an arrest or criminal charge from the petitioner's criminal record, while a Petition to Expunge a record of Conviction is a request to have a conviction removed from the petitioner's criminal record. Both petitions require a filing fee and proof of eligibility in order to be considered by the court.
Florida Petition To Expunge
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How to fill out Florida Petition To Expunge?
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The expungement process involves an extra step of receiving approval or certification from the State Attorney's Office prior to the FDLE processing your application. The appropriate State Attorney or statewide prosecutor must complete a written certified statement page before you can petition the court for expungement.
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.
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.
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. This is where an experienced lawyer can help move the process along.
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.
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.
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.