Expunging Your Record in Florida: 7 Answers to Some Common Questions

Florida’s statutory law allows you to expunge a record if the arrest resulted in a dismissal of the charges or if the disposition of the case meets certain criteria, such as if the arrest resulted in probation rather than jail time.

In order to expunge your record, you will need to have your fingerprints taken, obtain certified copies of the disposition of your case from the Clerk of Court, and pay a Florida Department of Law Enforcement fee when you submit your application. Each of these processes have costs associated, in addition to the cost of your attorney should you choose to hire one.

While case times tend to fluctuate, it generally can take anywhere from 8 to 14 months to complete a record expungement. Once the expungement has been ordered by the Court, you will need to pay any associated court costs, at which time the Clerk of Court will execute the order. After that, you can expect your record to be cleared within three to five weeks.

A felony arrest can, in fact, be expunged in Florida, assuming you can prove that the charges resulted in dismissal or the adjudication of the disposition meets Florida’s requirements for expungement.

While it’s not required to hire an attorney, you should ask yourself whether you truly have the time, knowledge, and resources needed to carry out the expungement of your criminal record effectively. Hiring a criminal defense lawyer ensures that your case will be handled correctly and will minimize the risk of delay in getting the job done.

There are a variety of instances in which you may be required to provide evidence of your criminal record. For example, if you are applying to a government position, an educational position, a high security clearance role, or are trying to get a lease, a mortgage, or special certification, you will likely be required to submit information regarding your criminal record. In many cases, having a criminal record would significantly disrupt your chances of obtaining that job or that apartment. As such, if you find yourself in the position to expunge your criminal record, you should definitely consider this approach.

Some of the most common arrests and dispositions that can be expunged include juvenile offenses; whether the person can prove they acted in self defense; and in the event of a human trafficking charge, whether the person can prove they were a victim of human trafficking.