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Florida Expungement law is administered by statute (Florida Statutes §§ 943.0585, 943.059 (2018).). 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 Florida expungement lawyer that can help. Smith and Eulo Law Firm can help you learn more about expungement Florida.

Common Reasons Why Requests To Seal Or Expunge Are Denied

Florida expungement rules.

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.

The offenses which may not be expunged even if adjudication is withheld under current law are:
  1. Arson
  2. Aggravated Assault
  3. Aggravated Battery
  4. Illegal use of explosives
  5. Child abuse or Aggravated Child Abuse
  6. Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult
  7. Aircraft piracy
  8. Kidnapping
  9. Homicide
  10. Manslaughter
  11. Sexual Battery
  12. Robbery
  13. Carjacking
  14. Lewd, lascivious, or indecent assault or act upon or in the presence of a child under the age of 16 years
  15. 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
  16. Burglary of a dwelling
  17. Stalking and Aggravated Stalking
  18. Act of Domestic Violence as defined in Section 741.28 F.S.
  19. Home-invasion Robbery
  20. Act of Terrorism as defined by Section 775.30 F.S.
  21. Manufacturing any substances in violation of chapter 893
  22. Attempting or conspiring to commit any of the above crimes
  23. Human Trafficking

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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. Talk about the benefits of expungement in Florida. 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 also check Florida expungement cost.

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. When possible it’s best to have a Florida expungement lawyer assist you with these steps.

Expungement in Florida – How Long Does It Take

The expungement Florida process normally takes between six to eight months starting from submitting expungement petition.

Florida expungement statute – next steps:

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.

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Best attorneys. They are amazing, diligent and focused. Mr.Eulo and Mr.Smith actually care about their clients and I am more than positive that they lose sleep trying to solve the cases they are given.

— Rick Mondeieelo

Hopefully the above information helps you to better understand the expungement process.