how to expunge felony florida without a lawyer

Expunge Your Florida Criminal Arrest Record Without An Attorney!

1. Application for Certificate of Eligibility.
2. Fingerprint card.
3. Money Order made payable to FDLE for $75.00.
4. Certified Copy of the final disposition of your case (proof the case was dropped).
5. Notice of Hearing.
6. Petition to Expunge.
7. Order to Expunge.
8. Affidavit.
9. Certificate of Eligibility.

Full Answer

What felonies cannot be expunged?

What felonies Cannot be expunged? Score 4.8/5 Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism , and severe injury or death of another person typically are not eligible for expungement.

Can You expunge a felony conviction in Florida?

In order to properly expunge a felony i n Florida, you have to appear at the court where the arrest or conviction took place. The expungement then removes the incident from your record completely, making it unavailable to the general public.

How long does a felony stay on your record?

Felony convictions typically remain on criminal records for eternity. However, it is important to remember that most pre-employment criminal history searches only cover seven years. Although employers can look for felony convictions from 8 or more years ago, most only look at the last seven years.

What charges can be sealed or expunged in Florida?

What crimes can be expunged in Florida? Almost all of the criminal charges can be expunged or sealed in Florida State if the State Attorney drops or dismisses your case. You may also be eligible for sealing or expungement even if you pled out to certain criminal charges. But you have to fulfill the conditions required by FDLE to be eligible for ...

Do I need a lawyer to expunge my record in Florida?

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.

How much does it cost to expunge a felony in Florida?

An expungement costs (this does not include attorneys fees) about $124.00. This can be broken down in the following way: 1) $75 fee to the Florida Department of Law Enforcement (FDLE). This is the state agency that approves your expungement or sealing application.

How do you get a felony off your record in Florida?

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.

What felonies Cannot be expunged in Florida?

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.

What felonies Cannot be expunged?

Crimes involving violence, endangerment to children, kidnapping, sexual assault, robbery, arson, terrorism, and severe injury or death of another person typically are not eligible for expungement.

Does Florida follow the 7 year rule?

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.

How long does a felony stay on record in Florida?

A felony charge in Florida remains on your record until you successfully apply for the record to be sealed or expunged – that is, permanently destroyed. Felony convictions, however, remain on your record for life unless you've been pardoned by the president or the governor.

How long does expungement take in Florida?

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.

Can you get a felony sealed in Florida?

Answer: Yes, felony offenses are eligible to be sealed or expunged, provided it is not an ineligible offense prohibited from being sealed or expunged.

How can I clear my criminal record?

You can apply to have your criminal record expunged when:a period of 10 years has passed after the date of the conviction for that offence.you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.the sentence was corporal punishment.More items...

What rights do convicted felons lose in Florida?

the right to voteFlorida law deprives convicted felons of certain Civil Rights including the right to vote, serve on a jury, hold public office, and restricts the issuance and renewal of some professional licenses such as real estate and insurance.

How many felonies can you get expunged in Florida?

In the state of Florida, you typically can only have your case sealed and expunged once in a lifetime. Under Section 943.059, Section 943.0585, or previous versions of those statutes, in Florida.

What is the process to get a seal expunged in Florida?

First, the Florida Department of Law Enforcement must offer you a Certificate of Eligibility as a proof of application approval. You will – most likely with the aid of an experienced attorney – prepare and submit a petition to expunge or seal to the court.

How long does it take to get a record expunged in Florida?

In Florida, typically, expungement takes up to 7 months.

Can you seal a record in Florida?

In fact, record sealing might be the only available option for you, since an expungement is pretty much a ‘holy grail’ in Florida. It is also worth mentioning that a person can only expunge or seal one charge or arrest in Florida.

Can you get a felony expunged in Florida?

Felony Expungement Eligibility. First, do your homework to find out what the Florida laws say about your expungement eligibility. You stand a chance to felony expungement where the district attorney never filed your charges formally, your case had been dropped/dismissed, or if the court finds you not guilty. You may also obtain an expungement on ...

Can you get money back if you have an expungement?

However, some attorneys grant their clients a money-back guarantee in the event the judge denies your expungement petition. If your chief reason for an expungement request is to restore your firearm rights, it requires entirely different legal procedures.

Can you get an expungement if you have a no contest plea?

For cases not dismissed, those with a no contest or guilty plea, or convicted after trial (whether you got a withhold of adjudication or not), then you are ineligible for an expungement. There are no exceptions. Again, if you ever got a conviction, and with a withhold of adjudication, you can seal a range of charges.

Can an attorney determine the pace of an expungement?

The attorney does not determine the pace of your sealing or expungement process. However, you can visit FDLE’s expungement online page to find out the applications they are currently on.

Can You Expunge a Felony in Florida?

There is a specific process to follow to seal your criminal record in Florida. Follow this checklist or go to for more information

Can You Seal Your Criminal Record in Florida?

Sealing a Florida criminal record means that any law enforcement or judicial record of a single arrest/incident is sealed so it can only be accessed in very limited instances

Can You Apply for a Pardon in Florida?

In order for the Governor to grant a pardon, it must first be approved by at least 2 members of their cabinet. The Governor along with 3 members of his cabinet together make up the Clemency Board.

How we help

This website was created by a few folks who have personally watched their loved ones struggle to get a job due to having a felony.

Who is the attorney for expunging a charge in Florida?

If you need help expunging an arrest or charge in Florida, Stechschulte Nell can help. Attorney Ben Stechschulte is a Florida board-certified trial lawyer and is available 24/7 to take your call and discuss the specifics of your case.

What is expungement in Florida?

What is Expungement? Expungement is the process of having your criminal record cleared so that when someone performs a criminal background check, nothing comes up. Expungement is covered by Florida Statutes §§ 943.0585. There are two different forms of the process: record expungement and record sealing.

What does expungement do?

Expungement can help to make sure that when you apply for jobs or for housing, mistakes that you have made in the past do not get in your way. If playback doesn't begin shortly, try restarting your device. Videos you watch may be added to the TV's watch history and influence TV recommendations.

What does expungement mean in court?

Expungement means that you were found not guilty at trial, or the court dismissed the charges against you. A record can be sealed if the court withheld the adjudication of guilt – this means that you were found guilty, but the court did not convict you.

What are the different types of felonies in Florida?

There are several classes of felonies in Florida, including first, second, and third-degree felonies, as well as capital felonies and life felonies. Third-degree felonies include drug possession or theft. Second-degree felonies include non-aggravated assault.

Can a capital and life felony be expunged?

Capital and life felonies are much more serious and include aggravated sexual assault, murder, and kidnapping. These crimes are all very serious, and cannot be expunged from records. If you have been arrested or charged for one of these crimes but not convicted, you can apply to have the arrest or charge expunged.

Can criminal records be accessed in Florida?

In Florida, criminal records can be accessed by potential employers, during applications for housing or travel, and can even be accessed by other citizens.

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How long does it take to get a felony conviction expunged?

Puerto Rico – All felonies, including violent ones, are available to be expunged after six months to five years, as long as DNA is provided.

Which states have no general authority to seal or expunge adult felony convictions?

Virgin Islands – No general authority to seal or expunge adult felony convictions. Virginia – No general authority to seal or expunge adult felony convictions. Washington – After three to five years, most felonies can be expunged.

How long does it take for a felony to be sealed?

North Dakota – Non-violent felonies can be petitioned to be sealed after three to five years, and ten years after a sentencing, violent felonies may be sealed. Ohio – Records can be sealed for one felony after one to three years. Oklahoma – If there are no prior convictions within seven years, one nonviolent felony is eligible to be expunged ...

How long is a felony on record?

California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New York, Texas, and Washington remove a felony from record after seven years. In all other states, however, a felony will be on record for life. This obviously comes with a lot of prejudice and stereotypes, making it hard to get a job, perhaps rent an apartment, ...

What states have a record expunged?

California – Charges may be dismissed or set aside for probationers, misdemeanants, and minor felony offenders with rights restored, but no sealing of records. Colorado – After one to five years, records can be expunged for minor felonies. Connecticut – Pardons are available often and result in erasure of the conviction.

Which states have expungement laws?

Mississippi – It’s possible to expunge first time offenders of less serious felonies. Missouri – They allow expungement for less serious crimes, excluding violent and sex crimes, after seven years. Montana – No authority to expunge or seal adult convictions. Nebraska – No authority to expunge or seal adult convictions.

What happens if you have multiple convictions?

If there are multiple convictions to be expunged, there usually must be a separate petition for each. The court will then contact those involved in the case – such as law enforcement and the prosecutor – informing them of the request, and inquiring their opinion.

How to file a petition for a hearing before a judge?

To file, go to the clerk of the court in the appropriate jurisdiction, pay the required fees, and submit the petition and required documentation to request a hearing before a judge. Some jurisdictions allow you to mail this paperwork to the court via certified mail.

What happens if you are found guilty of a crime?

For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.

Can you seal your criminal record without an attorney?

The method varies by state, but many jurisdictions have enacted procedures that make it easier to proceed without an attorney. Some states even provide free clinics to help guide you through the process.

Who do you send copies of your hearing notice to?

You are also required to send copies of your paperwork and the scheduled hearing notice to several state and county agencies, such as the county prosecutor’s office. This step is time sensitive since these agencies must have advance notice of your hearing date.

Can a court clerk give legal advice?

The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.

What happens when you get your record expunged?

Generally, when you get your record expunged, it will be as if the offense never happened. Records will be destroyed and not even a court order can retrieve them. However, when your record is sealed, the documents are still there, they are just harder to get.

What does expungement mean?

Expungement is a process by which you hide an arrest or conviction from your record, which means you will not have to disclose it to potential employers, landlords, or others. Every state manages your criminal record differently, so be sure you understand your state's policy.

How to get a discharge and dismissal form?

If your conviction was for drug possession, contact the clerk of the district court and request a Discharge and Dismissal form. If your conviction was for another type of crime, there is no form, and you will need to write and file an application with the district court, or write a letter to the judge.

What to do if the court refuses to grant relief?

If the agency refuses, contact the court clerk and ask what forms you must file to petition the court for relief . When you file your petition, the clerk will give you a hearing date and charge you a filing fee. If you cannot afford the fee, ask the clerk how you can submit a request for a fee waiver.

What happens if you get pardoned?

3. Seek a pardon. If you are pardoned after being convicted of a crime, it means you have been forgiven for the crime you committed. However, unlike an expungement, a pardon still shows up on your criminal record, as does the conviction.

Can you use an expunged felony against you?

An expunged felony may still be used against you as a "strike" if your state has a Three Strikes law. Employment. If you apply to work for the government or in a sensitive profession such as law or medicine, your employer or licensing authority will still be able view your expunged record. Court proceedings.

Can you get an expungement in Michigan?

In Michigan, if you qualify for expungement, your conviction will not be available to the public. In California, an expungement acts as a dismissal. Therefore, the conviction will still be available to the public, but your record will reflect the fact that your conviction was dismissed.