Expunging a case in Florida

Asked over 3 years ago - Miami, FL

I would like to know if in order to expunge a felony case in florida, the offender needs to be physically present?
The felony case is from 1985 due to an insufficient fund check issued for USD 50.00. Can this case be expunged?

Attorney answers (2)

  1. Michael Lewis Bowdish

    Contributor Level 8

    Answered . Florida permits the sealing (hiding) or expungement (destruction) of a single criminal episode if the charge and the applicant qualifies for this relief. This charge, "misdemeanor obtaining property in return for a worthless check" qualifies for sealing/expungement. Now we must determine if you qualify based on the sentence for this case and your criminal record. Unless the case was dismissed by the State, you will not qualify to expunge your record; however, you may be able to seal the record if "adjudication of guilt was withheld." Finally, you must check your criminal record for any conviction for any crime, including criminal traffic charges such as DUI, reckless driving, or driving on a suspended license. Even if you have other crimes, you will still be eligible to seal the worthless check charge as long as any sentence reflects that adjudication of guilt was withheld. Finally, remember that some government and licensing agencies are entitled to view sealed records.

  2. Ryan Patrick Rooth

    Contributor Level 8

    Answered . Mr. Bowdish is correct and provided you with a great deal of information. To add to that, if you decide to expunge this case also consider taking it a step further and request the private background check companies remove the information as well. This is not an easy process and you will have to request the removal of your record from them directly.

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