The Hudson Law Office
Sarasota, Bradenton and Key West, Florida
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Expunction/Sealing of your Criminal Record
Florida gives certain people with criminal records the chance to get those records sealed or expunged, so that they are off your permanent record FOREVER.
This opportunity may save your job! Contact us Today!! (941) 957-0500.
COURT ORDERED SEALING/EXPUNCTION
FLORIDA STATUTES 943.045, 943.0581, 943.0585, & 943.059
The process of sealing or expunging your criminal record is not something that can be done overnight. Essentially, it involves two separate phases. Before we can file your petition to expunge or seal your criminal history record with the court, we must apply to the Florida Department of Law Enforcement for a certificate of eligibility for sealing or expunction. The application for the certificate of eligibility must include: A money order, cashier’s check, or certified check for $75.00 made payable to: Florida Department of Law Enforcement.
The second phase of the process is done in the court that handled your case. We must file our petition for sealing or expunction, along with the Certificate of Eligibility, and then the court must review our request and make the final decision. The whole process can take as little as a few months or as much as a year.
The FDLE processing fee is nonrefundable, regardless of the results of the certificate review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.
The following requirements must be met before the Department will issue you a Certificate of Eligibility. 1. You have never previously been adjudicated guilty of a criminal offense or comparable ordinance violation.
2. You have not been adjudicated guilty of any of the charges stemming from the arrest or alleged criminal activity to which the petition pertains.
3. You have never secured a prior sealing or expunction of a criminal history record under 943.059, 943.585, former s.893.14, former s.910.33, or former s.943.058, or from an jurisdiction outside the state. You are eligible for such a sealing or expunction to the best of your knowledge or belief and do not have any other petition to expunge or any petition to seal pending before any court. No sealing or expunction of criminal history records that relate to certain violations where the defendant was found guilty or pled guilty (without regard to whether adjudication was withheld) is allowed.
Those "no sealing/expunction" violations are:
Chapter 794 (Sexual Battery)
You MAY NOT get your record expunged if you have been convicted of any of the above offenses, including any jury verdict of guilty, or plea of guilty or no contest. You MAY get the arrest expunged if the case was dropped, abandoned or declined by the State Attorney.
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