Learn about expungement eligibility, processes, and requirements in Florida.
In Florida, the eligibility for expungement or sealing of criminal records varies based on the type and severity of the offense. Below is a detailed overview addressing specific categories:
Felony Convictions:
Misdemeanor Convictions:
Traffic-Related Offenses:
Drug-Related Offenses:
Arrests Without Conviction:
Juvenile Offenses:
Domestic Violence Offenses:
Sexual Offenses:
In Florida, the eligibility to apply for sealing or expungement of criminal records is influenced by specific waiting periods and the nature of the offense. Below is a detailed overview:
Sealing Records:
Expungement of Records:
Felonies:
Misdemeanors:
Sealing Records:
Expungement of Records:
Important Considerations:
Single Lifetime Opportunity: Florida law typically allows individuals to seal or expunge only one criminal record in their lifetime. This limitation underscores the importance of selecting the most impactful offense for this process.
Processing Time: The Florida Department of Law Enforcement (FDLE) processes applications for sealing or expungement. The processing time to determine eligibility is typically 12 weeks from the date a completed application packet is received.
Limit on Number of Expungements: In Florida, individuals are generally permitted to seal or expunge only one criminal history record in their lifetime. This means that once a person has had a record sealed or expunged, they are typically ineligible to apply for sealing or expungement of any additional records in the future.
Exception for Related Arrests: If multiple arrests are directly related and occurred in a single incident, the court may, at its discretion, allow for all related records to be sealed or expunged in a single proceeding. This exception acknowledges that multiple charges stemming from the same event can be addressed collectively.
Waiting Period Between Expungements: Since Florida law restricts individuals to one sealing or expungement in their lifetime, there is no applicable waiting period between separate expungements. The limitation is on the number of times one can utilize the sealing or expungement process, not on the timing between applications.
Effect of New Arrests or Convictions: A new arrest or conviction can significantly impact an individual's eligibility for sealing or expungement. To qualify for sealing or expungement, the applicant must not have any prior adjudications of guilt for any criminal offense, including criminal traffic offenses. Therefore, a new conviction would render the individual ineligible for sealing or expungement of any records.
Impact on Sealed Records: If an individual has already had a record sealed and subsequently receives a new conviction, the sealed record remains sealed. However, the new conviction becomes part of the individual's criminal history and is not eligible for sealing or expungement. Additionally, the existence of a sealed record may be disclosed in certain circumstances, such as when applying for employment with a criminal justice agency.
Completion of Sentences and Probation/Parole: In Florida, individuals must have fully completed all aspects of their sentence, including probation or parole, before applying for sealing or expungement of their criminal records. This requirement ensures that all court-ordered obligations have been satisfied prior to seeking relief.
Payment of Fines and Restitution: All financial obligations imposed by the court, such as fines, court costs, and restitution, must be paid in full before an individual is eligible to apply for sealing or expungement. Outstanding financial obligations can disqualify an applicant from obtaining a Certificate of Eligibility.
Specific Convictions That Permanently Disqualify: Certain convictions render individuals permanently ineligible for sealing or expungement in Florida. These include convictions for serious offenses such as sexual battery, child abuse, and other violent crimes. A comprehensive list of disqualifying offenses can be found in Sections 943.0585 and 943.059 of the Florida Statutes.
Pending Criminal Charges or Open Warrants: Having pending criminal charges or open warrants can disqualify an individual from obtaining a Certificate of Eligibility for sealing or expungement. The Florida Department of Law Enforcement (FDLE) requires that applicants have no pending criminal proceedings or outstanding warrants at the time of application.
Given the complexities of Florida's sealing and expungement laws, it's advisable to consult with a legal professional to assess individual eligibility and navigate the process effectively.
Where to Apply: In Florida, individuals seeking to seal or expunge their criminal records must first apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
Processing Agency: The FDLE processes the Certificate of Eligibility applications. Once obtained, the individual must file a petition to seal or expunge the record with the Clerk of the Circuit Court in the county where the arrest occurred.
Required Forms:
Court Appearance: A court appearance is typically required. The judge may want to hear from the applicant directly before deciding on the petition.
Supporting Documents:
Filing Fees: The FDLE charges a $75.00 non-refundable processing fee for the Certificate of Eligibility. Additionally, court filing fees vary by county. For example, in Brevard County, the filing fee is $42.00, with additional costs for copies and certifications.
Fee Waivers: Fee waivers may be available for individuals who can demonstrate financial hardship. Applicants should inquire with the Clerk of the Circuit Court in the relevant county about the process for requesting a fee waiver.
What exactly happens when a record is expunged?
In Florida, expungement involves the court-ordered physical destruction of a criminal record, except for one copy retained by the Florida Department of Law Enforcement (FDLE) for law enforcement purposes only.
Is the record sealed, destroyed, or hidden from public view?
When a record is expunged, it is physically destroyed, with only a confidential copy retained by the FDLE. This process ensures that the record is not accessible to the public.
Can expunged offenses still appear on certain types of background checks?
Expunged records are generally not accessible to the public and should not appear on standard background checks conducted by private employers. However, certain governmental or related entities, such as law enforcement agencies and specific licensing boards, may be informed that a record has been expunged, though they typically cannot access the details without a court order.
Can expunged offenses be legally denied or omitted from job/housing applications?
In Florida, individuals with expunged records are legally permitted to deny or omit the expunged offense on most job and housing applications. This means that, in general, you can lawfully state that you have not been arrested or charged with a crime that has been expunged.
Are there employers or institutions that still have access to expunged records?
While expunged records are not accessible to the general public, certain governmental or related entities may be informed that a record has been expunged. These entities typically include law enforcement agencies and specific licensing boards. However, they generally cannot access the details of the expunged record without a court order.
In Florida, if expungement is not available, individuals may consider alternative methods to address their criminal records:
Sealing of Records: This process restricts public access to criminal records, making them inaccessible to most individuals and businesses. However, certain entities, such as law enforcement agencies and specific government organizations, may still access sealed records.
Pardons: A pardon is an act of clemency that forgives a person for a crime and restores certain rights. In Florida, obtaining a pardon does not automatically result in the sealing or expungement of criminal records. Individuals who receive a full pardon may apply to have their records sealed or expunged, but the process is not automatic and must be pursued separately.
Deferred Adjudication: This alternative allows eligible individuals to avoid a formal conviction by completing specific court-ordered requirements, such as probation or community service. Upon successful completion, the charges may be dismissed. However, the record of the arrest and the deferred adjudication may still exist unless further action, such as sealing or expungement, is taken.
In addition to the standard procedures for sealing and expunging criminal records, Florida law includes several specific provisions and nuances that are important to understand:
Automatic Juvenile Expungement: Florida law provides for the automatic expungement of certain juvenile criminal history records when the individual reaches the age of 21 or 26, depending on the circumstances. This automatic process applies if the individual has not been charged with or convicted of a forcible felony as an adult or when treated as an adult.
Early Juvenile Expungement: Individuals between the ages of 18 and 21 may apply for early expungement of their juvenile criminal history records under specific conditions, such as not having been charged with or found to have committed any criminal offense within the preceding five years.
Administrative Expungement: If an arrest was made contrary to law or by mistake, individuals may apply for an administrative expungement through the Florida Department of Law Enforcement (FDLE). This process is distinct from court-ordered sealing or expungement and has its own set of eligibility criteria.
Lawful Self-Defense Expungement: Individuals who acted in lawful self-defense, as defined by Florida's justifiable use of force statutes, and whose charges were not filed or were dismissed, may apply for a Lawful Self-Defense Certificate of Eligibility to expunge their records.
Human Trafficking Expungement: Victims of human trafficking can petition for the expungement of criminal history records resulting from offenses committed as part of the human trafficking scheme. This provision recognizes the unique circumstances of human trafficking victims and offers a path to clear related criminal records.
Limitations on Multiple Expungements: Florida law generally allows individuals to seal or expunge only one criminal history record in their lifetime. However, if multiple arrests are directly related and occurred in a single incident, the court may, at its discretion, allow for all related records to be sealed or expunged in a single proceeding.
Impact of Out-of-State Convictions: As of October 1, 2019, Florida law specifies that only convictions that took place within Florida will disqualify an individual from sealing or expunging a record. Convictions that occurred outside of Florida do not affect eligibility.