There are three questions to ask yourself to determine if you qualify for an expungement in Florida. Answer these three questions and see if you qualify.
1
Have I ever been adjudicated guilty?
Most people will know this answer off the top of their heads. However, if you don't you'll need to research this and find out. An adjudication of guilt is a bar to getting your record expunged.
2
Does my Offense Qualify?
Actually, this question is due to some legislative laziness. The expungement statute (s. 943.0585) and the sealing statute (s. 943.059) both contain a majority of the same language. An offense in both statutes must qualify if there was a withholding of guilt. But a case to be expunged must have been dropped or otherwise dismissed and hence there would be neither an adjudication of guilt or a withholding of guilt. Bottom line: if your case was dismissed it is a qualifying offense.
3
Have you ever had a previous case expunged?
If you have previously expunged a case you are ineligible under Florida law to expunge another case. There are limited exceptions to this. A qualifying juvenile expungement does not count as a prior expungement. An administrative expungement does not count as a disabling prior expungement.
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