Florida Petition To Seal

State:
Florida
Control #:
FL-SKU-1544
Format:
PDF
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Description

Petition To Seal

A Florida Petition To Seal is a legal petition made to the court to request that certain criminal records be sealed from public view. This petition allows individuals to have their criminal records hidden from public view, with certain exceptions. There are three types of Florida Petition To Seal: sealing of records, exp unction of records, and sealing and exp unction of records. Sealing of records is the process of making criminal records inaccessible to the public, while exp unction of records is the process of permanently deleting criminal records from a person's criminal history. Lastly, sealing and exp unction of records is the process of both sealing and exp unction of criminal records. Generally, the petitioner must demonstrate that they are of good character and have not been convicted of any felonies in order to be eligible for a Florida Petition To Seal.

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FAQ

The Florida Department of Law Enforcement (FDLE) has set guidelines by which this is determined. If you have ever been adjudicated guilty of any crime, felony or misdemeanor, you will not be able to qualify to have a criminal history record sealed or expunged.

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.

Requirements to Seal Your Record You must have no other convictions anywhere for other criminal offenses to seal your record. This means no DUIs, no disorderly conduct, no DWLSR. Nothing that ended in an adjudication of guilt (conviction). However, note that certain crimes are ineligible for sealing in Florida.

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.

Of Law Enforcement application fee of $75.00, court costs which are in the $50-75.00 range, and all costs for certified copies from the clerk's office necessary to complete your case. You do not have to go back to court either. Beware of attorneys or other "record sealing and expungement" services.

What does it mean to get your record "expunged?" Florida Statute Section 943.0585 provides the law as it relates to expunging your record. The difference between a sealing and an expunction is that your criminal record is physically destroyed or obliterated by any criminal justice agency having custody of such record.

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.

More info

What is the difference between a sealed record and an expunged record? Each form must have all of the sections accurately completed.Sealing and Expunging Criminal Records. The following is a sample Petition to Seal a Criminal Record, filed Pursuant to Section 943. 059, Florida Statutes. The appropriate State Attorney or statewide prosecutor must complete a written certified statement page before you can petition the court for expungement. FDLE will issue a Certificate of Eligibility to Petition for an Expunge Order if you qualify. The appropriate State Attorney or statewide prosecutor must complete a written certified statement page before you can petition the court for expungement. How Long Does It Take To Have A Florida Criminal Record Sealed or Expunged? Have completed all terms of probation, if ordered; have never had a case sealed or expunged in the past; not owe any fines, fees, court costs, or restitution.

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Florida Petition To Seal