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How do I start the expungement process?

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How do I start the expungement process?
Submitted: 1 year ago.Category: Criminal Law
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Answered in 11 minutes by:
8/10/2016
Criminal Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,204
Experience: Experienced in multiple areas of the law.
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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.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating. Thank you!

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Customer reply replied 1 year ago
Thank you,i have another question.
Criminal Lawyer: RobertJDFL, Lawyer replied 1 year ago

Sure, if it's related to this same issue, just reply back in this thread and ask.

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Criminal Lawyer: RobertJDFL, Lawyer replied 1 year ago

Otherwise, kindly remember to leave a positive rating by clicking on the stars so I am credited for my time and assistance. Thank you!

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RobertJDFL
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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