Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using Just Answer. I am a Florida licensed attorney and hope to help you tonight.Florida Statutes, s.943.0585 and s.943.059, set forth the criteria that must be met in order to be eligible to have an adult criminal history record sealed or expunged. In addition, these statutes also state that in order to have a criminal history record sealed or expunged within the State of Florida, an individual must first make application to the FDLE for a Certificate of Eligibility.
The forms for that can be found here. The instructions are here. The checklist to help make sure you have everything included is here.Once you have done the fingerprints, filled out and sent out the forms and gotten the certificate back from the FDLE, you can file a petition with the court to seal or expunge your record. There normally is a hearing on the matter where the court can hear from you and the state attorney's office as to whether it should be granted or not. If granted, the court will enter an Order sealing/expunging your record.Currently, it takes about 6-9 months total to expunge or seal a record in Florida as the FDLE gets a lot of applicants, plus you have to consider time for the court to schedule a hearing after getting your petition.
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