Our fee to seal or expunge your arrest record is $679.00. This is a FLAT FEE. This means all costs and fees are included. This flat fee covers: The attorney’s fee (our fee for doing the work and appearing on your behalf).
Many cases are not cut and dry, which is why it is always a good idea to consult with an experienced Tampa expungement lawyer. For starters, you are only entitled to one (1) Florida court-ordered exungement or sealing. That is, you can only expunge or seal your Florida record once. This does not apply to out-of-state expungement or sealing.
The process will likely cost you time and money, and it may be useful to hire a lawyer to help you with the process. The first step to receiving an expungement will be applying for a certificate of eligibility to the Florida Department of Law Enforcement (FDLE).
As previously stated, one of the major benefits of having your record expunged, is that you can lawfully deny (or fail to acknowledge) the criminal arrest. This is essentially giving you a free pass to lie about your criminal history. Unfortunately, there are some limitations regarding who you can lie to, and under what circumstances.
1) $75 fee to the Florida Department of Law Enforcement (FDLE). This is the state agency that approves your expungement or sealing application. 2) $42.00 to the Clerk of Courts.
Although you can attempt to seal or expunge your record without an attorney, hiring an experienced lawyer to help you through the process may save you time, money, and frustration. We work hard to make sure the process is completed as quickly as possible.
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.
Anyone interested in sealing their record should complete the brief form at www.FLJC.org/seal, call 954-758-7555, or email seal@FLJC.org. Everyone will be screened for eligibility for sealing and expungement, and those who qualify will be helped free of charge.
While expungement clears a conviction or arrest off of a person's record, sealed records give the appearance that the conviction or arrest has been cleared. In essence, when a person's record is sealed, it means that it's not readily available to the public.
Can You Expunge a Felony in Florida. A felony conviction cannot be expunged from your record. Criminal records can only be expunged when there was no conviction for a felony, misdemeanor, or criminal traffic offense such as DUI or driving with a suspended license.
Florida requires that you first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. With this certificate, you can then petition the court for an order to seal or expunge your record. There is a 12 month expiration date for certificates.
In order to petition to expunge a criminal history record, the individual must include in their petition a valid certificate of eligibility for expunction, and they must include a sworn statement attesting that they have never, prior to filing the petition, been adjudicated guilty of a criminal offense, or comparable ...
Answer: It can take up to six months to complete the process of sealing or expunging your criminal record.
Yes. Certain Florida background check records are subject to limitations under the federal Fair Credit Reporting Act or FCRA. According to the FCRA's “7-year rule,” for example, certain criminal records must be removed from an applicant's history after seven years.
If you were already convicted of a felony in Florida, you cannot expunge it, or remove it, from your record. You may be able to expunge your record only if you were never convicted of a felony.
Fill in your copy of the Petition to Expunge, 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.
Hillsborough County, FL – Seal or Expunge a record at the courthouse in Tampa or Plant City after an arrest in Apollo Beach, Balm, Bloomingdale, Brandon, Carrollwood Village, Dover, Gibsonton, Lithia, Lutz, Mango, Orient Park, Riverview, Ruskin, Seffner, Sun City Center, Temple Terrace, Thonotosassa, Valrico, Wimauma, and Ybor City.
Florida law just changed the rules to seal or expunge a criminal record. The new eligibility requirements to seal or expunge took effect on October 1, 2019. The biggest change is that out-of-state convictions no longer matter. As long as your application is submitted after October 1, 2019, the new rules are being applied retroactively.
Getting Rid of the Mug Shot after a Seal or Expunge in Florida. In Florida, as in most states, the photograph customarily taken after an arrest is often referred to as a “mugshot.”. A mugshot is a public record.
After a criminal record is sealed in Florida, the public will not have access to the record. After the record has been sealed for 10 years , it will then become eligible for expunction.
After your criminal defense attorney obtains your certificate of eligibility, your lawyer will file a petition in the court that originally had jurisdiction over your case which states the grounds upon which the request is made and the official records which should be sealed or expunged.
For felony, misdemeanor and traffic cases the paperwork and payment is delivered in person to the ESU (Room 101) in the George Edgecomb Courthouse at 800 East Twiggs Street or by US mail to P.O. Box 1110, Tampa, FL 33601-1110.
Under certain circumstances, juvenile arrest records are sealed or expunged automatically or by operation of the law, without any petition or request being filed by the person with the juvenile record.
An arrest will show up on your criminal record even if you have not been convicted. Arrests do not get erased from your record after a certain number of years.
Studies show that 69% of employers run a criminal background check on applicants prior to hiring. That number will continue to rise as criminal records become more readily available. You do not have to be convicted to be denied employment. Employers can and do reject applications from qualified individuals based on an arrest without a conviction.
Once your record is sealed or expunged, you can legally deny that you were ever arrested or charged with a criminal offense. Under most circumstances, Florida law permits an individual to expunge or seal a criminal record as long as it did not result in a conviction.
If you meet the qualifications below, you qualify to have your Florida criminal record sealed or expunged.
Sealing and expungement will result in your criminal court records being kept from public inquiry. Once a judge signs an order to expunge or seal a criminal case, certified copies of that order are then forwarded to all agencies that may have collected and/or retained criminal records relating to the case. Typically, this includes, the county sheriff, the State Attorney’s Office, the arresting agency, the Florida Department of Law Enforcement, and others. All these institutions are legally obligated to comply with the laws of expungement and sealing. Unfortunately, private parties cannot be legally compelled to remove or destroy records that they lawfully possess—a topic that perhaps deserves its own section or article.
If you are eligible, expunging or sealing your record will prevent others from discriminating against you based on your criminal history. It goes without saying, that expungement or sealing is a wonderful tool that can brighten your future, open employment opportunities, and restore your reputation and standing in the community. As a Florida expungement lawyer, William B. Wynne takes pride in helping clients free themselves from the burden of a prior criminal record.
Having your record sealed means that a judge will order your criminal record to be sealed and kept private. This makes it inaccessible to the public generally, which includes future employers, background searches, educational institutions, and others.
As previously stated, one of the major benefits of having your record expunged, is that you can lawfully deny (or fail to acknowledge) the criminal arrest. This is essentially giving you a free pass to lie about your criminal history. Unfortunately, there are some limitations regarding who you can lie to, and under what circumstances. There are certain circumstances that will require you to disclose the existence and nature of the criminal record, even though it was expunged or sealed. Some examples include candidates for admission to the Florida Bar, and those seeking employment with a criminal justice agency. These are known as exceptions to the rule of disclosure. For more on this topic, see our blog post covering the basics of expungement and sealing in Florida.
Despite popular opinion, a criminal arrest record does not simply disappear over time. It does not matter if the charges were dropped or if you were acquitted at trial. Every time a person is arrested and fingerprinted, a criminal record is created. And the fact that you were arrested or charged with a criminal law violation will remain a public record permanently unless a judge orders it to be sealed or expunged. In fact, a simple FDLE background check will uncover any criminal court records. Even without a conviction, a criminal record can cause people serious problems with employment, housing, and other important areas.
For starters, you are only entitled to one (1) Florida court-ordered exungement or sealing. That is, you can only expunge or seal your Florida record once. This does not apply to out-of-state expungement or sealing. So if you had a record expunged or sealed in another state, you can breathe easy; it will not (by itself) disqualify you.
It will typically take about 90m business days for them to process it and give you an answer. Be sure to get all of the documentation of your charges before having your record expunged, as you may not even be able to access that information yourself after the sealing or expunction.
Florida describes court-ordered expungement as, “the court-ordered physical destruction or obliteration of a record or portion of a record by any criminal justice agency having custody thereof,” and sealing a criminal record is the “preservation of a record under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the record or the information contained and preserved therein.” An expungement is definitely preferable, as it allows the defendant to mark on job applications that they have not been convicted of a crime. However, this isn’t the case with:
Any other felony which involves the use or threat of physical force or violence against any individual. Early Juvenile Expungement: From the ages of 18 to 21, if the defendant has not committed any crimes in the last five years, they may be eligible to have their record expunged early.
Administrative Expungement: When an arrest is made illegally or mistakenly, the defendant may file for an administrative expungement, which comes with several benefits, such as not having to pay any fees, waiving the requirement of not having a prior expunction, and a total destruction of the criminal record.
If the case went to trial, the verdict was an acquittal or not guilty.
There’s many reasons you would want to get an arrest off your record, the dark spot always coming up on background checks being one of them. But there’s also the other consequences that come with having a felony, such as losing the right to vote or own a gun, difficulty finding employment and housing, and difficulties with child custody, ...
Automatic Juvenile Expungement: For one, it may be comforting to know that juvenile records are automatically expunged at the age of 21, or 26 if they served time in a juvenile correctional facility or prison . However, this requires that they not be guilty of a forcible felony, which includes: Treason.
When a record is expunged, the applicable above entities ( criminal justice agencies, the Florida Bar, etc.) will be informed that the record has been expunged but they will not have access to your actual record. In both cases of sealing and cases of expunging, if you are not dealing with any of the above entities, ...
Having your record sealedmeans that the court will order your criminal record to be sealed and therefore confidential from the public, future employers, or a public background search. However, the existence (but not the specific contents) of a criminal record may still be disclosed if: You are seeking employment with a criminal justice agency.
The lawyers at the Law Offices of Leifert & Leifert know that a momentary lapse in judgment that resulted in criminal charges may not have to ruin your reputation for life. For certain offenses, Florida state law allows individuals to have their records sealed or expunged.