how long in florida does it take for attorney to expunge records?

How long does a Florida record sealing or expungement take?

Oct 13, 2018 · Expungement in Florida – How Long Does It Take The expungement Florida process normally takes between six to eight months starting from submitting expungement petition. Florida expungement statute – next steps: You wait for the Florida Department of Law Enforcement to issue you a Certificate of Eligibility.

Do I need a lawyer to get an expungement in Florida?

It is often asked how long it takes to seal or expunge a record in Florida. We tell potential clients that it takes on average 5-8 months to go through the sealing or expunge process. The reasons can vary, however, some of the factors to consider are:

How long does it take to get an expungement order?

Again, the time to complete a Florida record sealing or record expungement is 5-7 months on average. The length of time depends on various factors: The length of time depends on various factors: Whether your case is going to be a sealing or expungement (expungements take a bit more time due to additional legal requirements);

When do juvenile records get expunged in Florida?

The answer to this fluctuates. Currently, it is taking between 5-8 months to start and finish a record expungement or sealing. It depends a lot on haw fast you can get your fingerprints and notarizations done. I wrote extensively on this in How Long Does a Florida Expungement Take because other attorneys were making ridiculously short claims.

How long does it take to get your record expunged 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.

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

You cannot seal or expunge your record for free. There are costs involved even if you do not hire a lawyer. See Free Record Expungement.

How much does it cost to get record expunged in Florida?

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. 2) $42.00 to the Clerk of Courts.Jul 17, 2010

How does expungement work in Florida?

A sealing or expungement in Florida will completely remove the incident from your records. An expungement seals and destroys the records of the arrest and case. A record sealing seals the records, making them unavailable to the public.

How long do misdemeanors stay on your record in Florida?

If you have been convicted of a misdemeanor in the State of Florida, it is going to stay on your record forever unless you are able to have the conviction overturned.Nov 4, 2021

How many Expungements are you allowed in Florida?

With respect to the relief offered by these statutes, a person may only seal or expunge one arrest record in one proceeding. More than one arrest record may be sealed or expunged in a single proceeding if the court, in its sole discretion, finds the arrests in question to be directly related.

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.

What crimes can be expunged in Florida?

No case, unless dropped or dismissed, maybe sealed or expunged of the following crimes:Arson;Aggravated Assault;Aggravated Battery;Illegal Use of Explosives;Child abuse or aggravated child abuse;Abuse of an elderly person or disabled adult;Aircraft piracy;Kidnapping;More items...•Apr 11, 2021

Can a misdemeanor be expunged in Florida?

First of all, if you have EVER at any time in your lifetime, either before or after the charge you are trying to seal or expunge, been convicted of ANY criminal offense, including minor criminal ordinance violations, criminal traffic matters, or even “simple” misdemeanors, then under Florida law, you are forbidden from ...

How can I get my record expunged in Florida for free?

Anyone interested in sealing their record should complete the brief form at www.FLJC.org/seal, call 954-758-7555, or email [email protected]. Everyone will be screened for eligibility for sealing and expungement, and those who qualify will be helped free of charge.Mar 2, 2021

How long does a felony stay on your 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.Mar 16, 2019

Can Grand Theft be expunged in Florida?

The answer is yes as long as meet the statutory criteria for sealing or expunging. Grand theft and petit or petty theft charges are among the most common offenses sealed and expunged in Florida.

Can you get an expungement if you have a previous conviction?

To qualify for an expungement, you must not have any prior convictions and the charges have to be dismissed. Charges are dismissed if you are acquitted at trial, the prosecutor drops the case, or a judge grants a motion to dismiss. Additionally, if your case was previously sealed for 10 years or more, you may qualify for expungement.

Can you get your criminal record expunged in Florida?

Depending on the circumstances of your case, Florida law may allow you to request that your criminal record be sealed or expunged. Both record sealing and expungement prohibit the public from accessing your criminal history. While a sealed record still “exists” in the system, the contents of the record cannot be viewed without a court order. On the other hand, an expunged record is completely deleted, as if the arrest never occurred. Record sealing and expungement operate to ensure your criminal record is non-public. Generally, expunged or sealed records will not appear on criminal background checks searches. Whether your specific charges qualify for record sealing or expungement will depend on a few factors.

How long does it take to get a record expunged?

Some lawyers and some law firms advertise that they can complete a record expungement or sealing within 6 or 7 months. They do this because they know “time” matters to you. However, they are not telling you the truth.

How long does it take to get a hearing on a petition?

Scheduling a hearing, if necessary, can take weeks or months de pending on the court’s schedule and the SAO’s response to requested court dates.

Do fingerprints have to be taken by law enforcement?

Fingerprints have to be taken by a law enforcement agency. Many have suspended this service for the time being. Know that any lawyer who promises a faster time than what is discussed below is lying to you. He or she is only telling you what you want to hear in order to get your business.

Why does it take longer to expunge a record than to seal it?

Expungement - An expungement takes a bit longer than a sealing because there are extra steps that must be taken when a record is being expunged instead of sealed. In an expungement, the state attorney has to certify on the application for certificate ...

How long does it take to seal a record?

Many attorneys offering record sealing and expungement services promise that a case can be sealed in 2-3 months. Based on our experience, that is highly unlikely and simply not true.

How long does it take for a court to respond to a case?

The court usually gives the state about a month to respond in our experience. Many judges won't allow a case to be set for hearing until the state attorney has responded, or until a month has passed. Getting a hearing date. Sometimes a judge will provide a quick hearing date within a couple of weeks of placing the request.

Which counties are slow to sign off on a state attorney's form?

Some of the slower counties are Palm Beach, Broward (misdemeanor cases), and Miami Dade County (misdemeanor cases).

Can you seal a case in 3 months?

The truth is they can't. No one can promise a specific time to complete a sealing or expungement because alot of the steps are out of the control of the attorney handlling the case. If anyone states that they can complete a sealing or expungement in 3 months ask them to put their promise in writing and see what they say.

The time it takes to process a petition to seal or expunge your Florida arrest record can be a few months

The time it takes to process a petition to seal or expunge your Florida arrest record can be a few months.

On average, record sealing or record expungement can take anywhere from 5 to 7 months

WARNING: Beware of anyone who tells you they can have your record sealed in less than 5 months. Ask them to put their promise in writing and we expect they won't. There is NO EXPEDITED or RUSH procedure to get this done.

Florida Questions (and Answers)

Florida has two procedures – expunging a record and sealing a record – the process is similar. Any differences between the two will be pointed out in the answers.

For More Information

Please submit your information below. We will email you information about our record expungement and sealing representation. You can also go to our Florida Expungement webpage for more details.

How long does it take to get a record expunged?

It will typically take about 90m business days for them to process it and give you an answer. Be sure to get all of the documentation of your charges before having your record expunged, as you may not even be able to access that information yourself after the sealing or expunction.

What is expungement in Florida?

Florida describes court-ordered expungement as, “the court-ordered physical destruction or obliteration of a record or portion of a record by any criminal justice agency having custody thereof,” and sealing a criminal record is the “preservation of a record under such circumstances that it is secure and inaccessible to any person not having a legal right of access to the record or the information contained and preserved therein.” An expungement is definitely preferable, as it allows the defendant to mark on job applications that they have not been convicted of a crime. However, this isn’t the case with:

What age can you get your felony convictions expunged?

Any other felony which involves the use or threat of physical force or violence against any individual. Early Juvenile Expungement: From the ages of 18 to 21, if the defendant has not committed any crimes in the last five years, they may be eligible to have their record expunged early.

What is administrative expungement?

Administrative Expungement: When an arrest is made illegally or mistakenly, the defendant may file for an administrative expungement, which comes with several benefits, such as not having to pay any fees, waiving the requirement of not having a prior expunction, and a total destruction of the criminal record.

What happens if a case goes to trial?

If the case went to trial, the verdict was an acquittal or not guilty.

Why do you want to get an arrest off your record?

There’s many reasons you would want to get an arrest off your record, the dark spot always coming up on background checks being one of them. But there’s also the other consequences that come with having a felony, such as losing the right to vote or own a gun, difficulty finding employment and housing, and difficulties with child custody, ...

When can juvenile records be expunged?

Automatic Juvenile Expungement: For one, it may be comforting to know that juvenile records are automatically expunged at the age of 21, or 26 if they served time in a juvenile correctional facility or prison . However, this requires that they not be guilty of a forcible felony, which includes: Treason.

Hiring The Right People For The Job

• Not everyone can seal their criminal record, though, so it's best for people to hire lawyers to address the whole process for them and tell them what the requirements to seal or expunge their arrest record are according to Florida law. We are Erase the Case, and we focus on expunging and sealing arrest records, so you can rely on us if you want to ...

See more on erasethecase.com

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