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Florida Affidavit in Support of Motion to Order Expungement of Criminal Record

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.


A Florida Affidavit in Support of Motion to Order Expungement of a Criminal Record is a legal document used in the state of Florida to request the removal or sealing of a criminal record. This affidavit serves as the supporting documentation for a motion filed with the court, outlining the reasons why expungement should be granted. Keyword: Florida Affidavit in Support of Motion to Order Expungement of Criminal Record When filing for expungement in Florida, individuals may need to submit different types of affidavits depending on their specific circumstances. Some common types of Florida Affidavits in Support of Motion to Order Expungement of Criminal Record include: 1. Standard Affidavit: A comprehensive affidavit that provides a detailed account of the events leading to the arrest, the resolution of the case (acquittal, dismissal, or completion of a diversion program), and the impact of the criminal record on the individual's personal life, employment, and overall well-being. It must establish that the person meets the eligibility criteria for expungement under Florida law. 2. Police/Accuser Affidavit: In cases where there was an arrest, but no charges were filed or the charges were dropped, this affidavit can be used to demonstrate that the arrest was wrongful or unjustified. It may include witness statements, evidence of police misconduct, or any other relevant information that supports the individual's claim for expungement. 3. Victim/Witness Affidavit: When the offense involved a victim or witness, their affidavit can be submitted to show their support for the expungement request. This affidavit may include statements from the victim or witness explaining their belief that the individual has been rehabilitated and the expungement would benefit their future prospects without endangering public safety. 4. Affidavit of Non-prosecution: If the charges were dropped due to lack of cooperation from the alleged victim or witness, an affidavit of non-prosecution can be submitted to indicate their refusal to testify or their desire to discontinue any involvement in the case. 5. Prosecutor's Affidavit: In cases where the prosecutor agrees with the expungement request, their affidavit can express support for the motion. This affidavit may contain reasons such as compliance with diversion programs, successful completion of probation, or other circumstances that demonstrate the person's rehabilitation. Filing an accurate and persuasive Florida Affidavit in Support of Motion to Order Expungement of Criminal Record is crucial for successfully pursuing expungement in Florida. It is essential to consult with an experienced attorney for proper guidance and to ensure compliance with the specific requirements outlined by Florida law.

A Florida Affidavit in Support of Motion to Order Expungement of a Criminal Record is a legal document used in the state of Florida to request the removal or sealing of a criminal record. This affidavit serves as the supporting documentation for a motion filed with the court, outlining the reasons why expungement should be granted. Keyword: Florida Affidavit in Support of Motion to Order Expungement of Criminal Record When filing for expungement in Florida, individuals may need to submit different types of affidavits depending on their specific circumstances. Some common types of Florida Affidavits in Support of Motion to Order Expungement of Criminal Record include: 1. Standard Affidavit: A comprehensive affidavit that provides a detailed account of the events leading to the arrest, the resolution of the case (acquittal, dismissal, or completion of a diversion program), and the impact of the criminal record on the individual's personal life, employment, and overall well-being. It must establish that the person meets the eligibility criteria for expungement under Florida law. 2. Police/Accuser Affidavit: In cases where there was an arrest, but no charges were filed or the charges were dropped, this affidavit can be used to demonstrate that the arrest was wrongful or unjustified. It may include witness statements, evidence of police misconduct, or any other relevant information that supports the individual's claim for expungement. 3. Victim/Witness Affidavit: When the offense involved a victim or witness, their affidavit can be submitted to show their support for the expungement request. This affidavit may include statements from the victim or witness explaining their belief that the individual has been rehabilitated and the expungement would benefit their future prospects without endangering public safety. 4. Affidavit of Non-prosecution: If the charges were dropped due to lack of cooperation from the alleged victim or witness, an affidavit of non-prosecution can be submitted to indicate their refusal to testify or their desire to discontinue any involvement in the case. 5. Prosecutor's Affidavit: In cases where the prosecutor agrees with the expungement request, their affidavit can express support for the motion. This affidavit may contain reasons such as compliance with diversion programs, successful completion of probation, or other circumstances that demonstrate the person's rehabilitation. Filing an accurate and persuasive Florida Affidavit in Support of Motion to Order Expungement of Criminal Record is crucial for successfully pursuing expungement in Florida. It is essential to consult with an experienced attorney for proper guidance and to ensure compliance with the specific requirements outlined by Florida law.

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How to fill out Florida Affidavit In Support Of Motion To Order Expungement Of Criminal Record?

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FAQ

Florida law allows you to expunge one criminal record from your history. A criminal record is a record of any incident where a person was arrested and fingerprinted, regardless of the eventual outcome of the case. You can only expunge a misdemeanor conviction or an arrest record that did not lead to a conviction.

REQUIRED DISCLOSURE Generally, you are legally authorized not to disclose an arrest if it has been sealed or expunged. However, a person may be required to disclose information regarding an arrest or criminal charge when applying for various specific positions, such as: Applying for a state-issued professional license.

Mailing information: Mail your completed application package and fee to the following address: Florida Department of Law Enforcement. ATTN: Expunge/ Seal Section. P.O. Box 1489. Tallahassee, Florida 32302-1489.

It is often asked how long it takes to seal or expunge a record in Florida. We tell potential clients that it takes on average 5-8 months to go through the sealing or expunge process. The reasons can vary, however, some of the factors to consider are: Sealing vs.

Sealing and Expunging Criminal Records Step 1: Obtaining and Completing the Application. ... Step 2: Submit Application to the State Attorney's Office. ... Step 3: Submit completed application to FDLE. ... Step 4: Complete and File a ?Petition and Affidavit to Expunge or Seal? ... Step 5: Filing the Petition.

There is no requirement that you have an attorney in order to request a seal or an expungement of your criminal history record. However, because the process sometimes involves complex legal issues, an attorney's advice and assistance may well be helpful in many cases.

In Florida the cost for an expungement petition is $75. This doesn't mean that you just pay your money and you're done.

Additionally, you must meet the following Florida expungement requirements: You've never been convicted of a criminal violation in Florida; You've never been adjudicated delinquent of a felony offense or specified misdemeanors(criminal charge as a juvenile);

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The following is a sample affidavit that accompanies a Petition to Seal or Expunge filed under Sections 943.059 and 943.0585, Florida Statutes. I am eligible for the relief requested, to the best of my knowledge and belief, and do not have any other petition to expunge or seal pending before any court.Step 4: Complete and File a “Petition and Affidavit to Expunge or Seal”. Once you have received your “Certificate of Eligibility”, you must complete a “Petition ... Misdemeanor & Traffic Seal. Step 7: Filing the Petition. After completing the Petition, you must file the original “Petition and Affidavit to Expunge or Seal” ... Once FDLE has issued the Certificate of Eligibility to seal or expunge a criminal history record, the next step is to file a petition for relief, along with the ... WHEREFORE, the petitioner moves to expunge any criminal history record information and any official court records regarding his/her arrest and/or conviction by ... Jan 23, 2017 — 1. 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 ... Step 7: Filing the Petition. After completing the Petition, you must file the a “Petition and Affidavit to Expunge or Seal” and the Certificate of ... The Orange County Clerk of the Circuit Court cannot assist you in the filing of your application for sealing or expungement of your criminal history records ... Before you can file your petition to expunge or seal your criminal history record with the court, you must apply to the Florida Department of Law Enforcement ...

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Florida Affidavit in Support of Motion to Order Expungement of Criminal Record