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How to Expunge a Criminal Arrest History Record

Written by: Eric Joseph Dirga

Reputation Level 12

Posted almost 3 years ago. Applies to Florida, 1 helpful vote, 0 comments

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Do you qualify?

Don't lie to yourself here. Being honest can save you a lot of time. The first thing to determine is whether or not you were adjudicated guilty of the offense that you are trying to expunge. This can be found in the final disposition paperwork that you received. If you did not receive the final disposition paperwork the Clerk of Court should have some record of it. What you need to know is whether your case was dismissed (nolle prosequi or dropped) - in which case you may be qualified to have your record expunged. If you were found guilty but the judge "withheld" the adjudication of guilt you may qualify to have your record sealed but that is another topic. Next, if you had your case dismissed, the next question is if you have ever been arrested on another occasion? If so, did any of those cases end with a conviction? If not, you may still be eligible to have your record expunged.

Apply for Certificate of Eligibility

If you think you qualify you will then need to apply for a certificate of eligibility from the Florida Department of Law Enforcement [FDLE]. To do this, you need to fill out an application and have the Office of the State Attorney sign it indicating that you are eligible. That needs to be forwarded to the FDLE with a fingerprint card imprinted with your fingerprints. Once the FDLE receives your documentation they will do a fingerprint background check and double-check to make sure you are eligible. Once they determine your eligibility they will send you either a Certificate of Eligibility or a letter explaining why you are not eligible.

Petition the Court to Expunge your Record

Take your Certificate of Eligibility and file it with the Clerk of Court along with a Petition to Expunge and a required Affidavit. These documents can be found in the Florida Rules of Criminal Procedure. Once filed you should receive a court date for your hearing. On your hearing date dress appropriate for court and be prepared to explain the reason why you'd like to have your record expunged. It is rare that petitions are denied but that does occur. If granted you will need to provide the court with a court order. This order can also be found in the Florida Rules of Criminal Procedure.

Wait...

When the judge orders your record expunged special handling regarding your case begins. That means you should not receive any documentation of the hearing. The signed order will be given to a special clerk assigned to expunge records. That clerk will then process the order and transmit the information to all the agencies affected. This includes the FDLE. Usually within about 6 weeks all of the agencies should have complied with the order. At that point your record has been expunged.