Expungement Florida law is administered by statute. The statutes contain point by point necessities to get a criminal record expunged. In the event that you are trying to get your record expunged, it is helpful to know a good lawyers that can help. Smith and Eulo Law Firm can help you learn more about expungement Florida.
Expungement Florida – Common Reasons Why Requests To Seal Or Expunge Are Denied.
A person trying to seal or expunge a Florida record must get a Certificate of Eligibility from the FDLE. The Florida Statutes set out the qualifications necessary to acquire the Certificate.
- Aggravated Assault
- Aggravated Battery
- Illegal use of explosives
- Child abuse or Aggravated Child Abuse
- Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
- Aircraft piracy
- Sexual Battery
- Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
- Sexual activity with a child, who is 12 years of age or older but less than 18 years of age, by or at solicitation of a person in familial or custodial authority
- Burglary of a dwelling
- Stalking and Aggravated Stalking
- Act of Domestic Violence as defined in Section 741.28 F.S.
- Home-invasion Robbery
- Act of Terrorism as defined by Section 775.30 F.S.
- Manufacturing any substances in violation of chapter 893
- Attempting or conspiring to commit any of the above crimes
- Human Trafficking
Criminal Record Expungement – Can Even Serious Charges Be Expunged From Your Criminal Record?
Does the seriousness of the charge against you influence your odds of obtaining Florida expungement? For instance, does the seriousness of the charge matter? Some serious charges can be sealed or expunged depending on the outcome. Contact Smith & Eulo Law Firm to see if you are eligible. A criminal defense lawyer can check a person’s qualification to have their record expunged before beginning the procedure.
Erasing Your Florida Record – Can Your Expungement Request Be Denied Without A Hearing Or Reason?
When you get your Certificate of Eligibility from the Florida Department of Law Enforcement , you are lawfully qualified for have your expungement ask for heard by a Florida judge. The Judge can either grant it in chambers or grant you a hearing to argue to get the expungement granted.
Expungement in Florida – How Long Does It Take
The expungement Florida process normally takes between six to eight months.
Next thing to do when expungement Florida
You wait for the Florida Department of Law Enforcement to issue you a Certificate of Eligibility. Inside and out, you can expect the procedure up through receipt of the Certificate of Eligibility to take between three to four months. When you do get your Certificate of Eligibility, you then petition the court to get your record expunged.
The Expunction Process in Florida
Fla. Statute Section §943.0585 lays out the whole procedure and prerequisites applicable to erasing a criminal record. The main prerequisite is to present an application to the FDLE in order to obtain a Certificate of Eligibility.