Written by attorney Merribeth Holmes

Florida Expungement: 4 Questions to Determine Eligibility

Additional resources provided by the author

You can review the statutes and rules about the expungement or sealing of Florida criminal records in Sections 943.0585 - 943.059, Florida Statutes, and Rules 11C-7.006-7.007, Florida Administrative Code. If you determined that you are not eligible to expunge your record, you may be eligible to seal it, using the process in Section 943.059, Florida Statutes. If you have determined that you are eligible to expunge your Florida record under the requirements in Florida law, you should also consider two additional factors which may impact your ability to obtain a final court order of expungement: 1) You will likely need to resolve any outstanding court-ordered fines, costs, or restitution, before the Clerk of Court will permit you to file a petition for a court order; and 2) Because the court may consider factors other than your eligibility under Florida law when reviewing your petition for a court order, you should consider speaking with an attorney about your case if you have another criminal case pending, if the charges in the record you want to expunge were serious, involved domestic violence or a crime against a child, or if you have multiple criminal records. If you have determined that you are eligible to expunge your record and want to move forward, the next step in the expungement process is applying for a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). You can get assistance from a Florida expungement attorney or apply on your own with forms which are available from FDLE, the Clerk of Court in the county where your record is located, or in a Do-It-Yourself Expungement Kit.

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