Many people like to have their record sealed or expunged to prevent any possible issues when
1. Applying for a new job (as many job applications ask about criminal history);
2. Moving into a new apartment (landlords frequently have applications as well); and
3. Trying to get more involved in their child’s school activities (some schools run background checks on parents who want to participate in these type of events).
In order to have your record expunged we would need to apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility. The process usually takes 3-6 months to get the certificate back from Tallahassee. Along with the application and the $75.00 fee made payable to FLDE, you would need to send in a fingerprint card that you can get at most police agencies.
Once we have the certificate of eligibility from the FDLE, we would then file a motion with the clerk of courts and ask the assigned Judge to sign an order granting the seal or expunction. We also have to ask the Office of the State Attorney for their position on the matter. Sometimes they object, but not frequently.
It is also possible that the judge will require a hearing, but that is also not always the case. It usually depends on the judge assigned to the matter.
The entire process takes about 4-8 months. Once we receive an order to expunge, the clerk’s office will send us a bill on the cost to seal or destroy the records. That fee is usually around $100.00, but can fluctuate depending on the size of your file. Once that fee is paid they will seal or destroy the entire file.
Please feel free to call or email with any other questions that you may have. 407-344-4837
*Disclaimer – Having your record sealed or expunged will NOT remove all information regarding your arrest from the internet. Sometimes third party websites will have information regarding your arrest. The judge has no control over these private entities so if you would like your information to be taken of these third party websites, they will have to be contacted individually.
