How to Expunge a Felony in Florida?
In Florida, a felony conviction can have long-lasting consequences on a person’s life, including difficulty finding employment, housing, and education opportunities. However, the state of Florida allows individuals to expunge certain felony convictions, giving them a second chance to rebuild their lives. In this article, we will guide you through the process of expunging a felony in Florida.
Eligibility for Felony Expungement in Florida
Not all felony convictions are eligible for expungement in Florida. To be eligible, the felony conviction must meet the following criteria:
- Misdemeanor sentence: The felony conviction must have resulted in a misdemeanor sentence, such as probation or a fine.
- No prison time: The individual must not have served any prison time as a result of the felony conviction.
- No probation violation: The individual must not have been on probation at the time of the felony conviction and must not have violated their probation.
- No prior felony convictions: The individual must not have any prior felony convictions.
The Expungement Process in Florida
The expungement process in Florida involves several steps:
Step 1: Determine Eligibility
- Review your criminal record to determine if you are eligible for expungement.
- Check the Florida Statutes to ensure that your felony conviction meets the eligibility criteria.
Step 2: Gather Required Documents
- Criminal history record: Obtain a copy of your criminal history record from the Florida Department of Law Enforcement (FDLE).
- Certified copy of conviction: Obtain a certified copy of the felony conviction from the court that convicted you.
- Identification documents: Provide identification documents, such as a driver’s license or passport.
Step 3: Complete the Expungement Application
- FDLE Form 73542: Complete the FDLE Form 73542, which is the application for expungement.
- Court forms: Complete any additional court forms required by the court that convicted you.
Step 4: File the Expungement Application
- FDLE: File the expungement application with the FDLE.
- Court: File the expungement application with the court that convicted you.
Step 5: Wait for Processing
- FDLE: The FDLE will review your application and verify your eligibility.
- Court: The court will review your application and schedule a hearing if necessary.
Step 6: Attend the Hearing (if required)
- Hearing: Attend the hearing at the court that convicted you.
- Present evidence: Present evidence and testimony to support your expungement application.
Step 7: Receive the Expungement Order
- FDLE: If your application is approved, the FDLE will issue an expungement order.
- Court: The court will issue an expungement order if your application is approved.
What is Expunged?
When a felony conviction is expunged, the following information is removed from your criminal record:
- Conviction: The felony conviction is removed from your criminal record.
- Arrest: The arrest record is removed from your criminal record.
- Booking information: The booking information is removed from your criminal record.
What is Not Expunged?
The following information is not removed from your criminal record even after expungement:
- Driver’s license suspension: A driver’s license suspension resulting from the felony conviction is not removed.
- Voter registration: Your voter registration status is not affected by expungement.
- Immigration status: Expungement does not affect your immigration status.
Frequently Asked Questions
- How long does the expungement process take?: The expungement process can take several months to a year or more, depending on the complexity of the case and the workload of the FDLE and the court.
- Is expungement the same as sealing a record?: No, expungement is a more comprehensive process that removes information from your criminal record, while sealing a record only restricts access to the information.
- Can I still be arrested for a new crime after expungement?: Yes, even after expungement, you can still be arrested for a new crime.
Conclusion
Expunging a felony conviction in Florida can be a complex and time-consuming process. However, with the right guidance and support, it is possible to have your felony conviction removed from your criminal record. By following the steps outlined in this article, you can increase your chances of successfully expunging your felony conviction and rebuilding your life.
