Can You expunge a felony in Florida?

Can You Expunge a Felony in Florida?

Florida law allows for the expungement of certain criminal records, including those for misdemeanors and some felony convictions. However, not all felony convictions can be expunged, and the process is more complex and restrictive than for misdemeanors. In this article, we’ll explore the requirements and limitations for expunging a felony conviction in Florida.

Can I Expunge a Felony in Florida?

Not all felony convictions are eligible for expungement. According to Florida Statute 943.0585, the following types of felony convictions are generally not eligible for expungement:

• Certain drug-related offenses (e.g., trafficking, distribution, or manufacturing)
• Sex crimes (e.g., sexual battery, child pornography, or solicitation)
• Violent crimes (e.g., murder, manslaughter, or attempted murder)
• Crimes of violence against children or vulnerable adults
• Felony burglary
• Felony arson
• Felony stolen property offenses

On the other hand, some felony convictions may be eligible for expungement, such as:

• Certain types of fraud or white-collar crimes
• Drug-related offenses (e.g., possession or sale) with no prior convictions or felony arrests
• Crimes that were committed when the person was under the age of 18

The Expungement Process for Felonies

To expunge a felony conviction in Florida, you must meet the following statutory requirements:

1. Time served: You must have completed your sentence, including probation or parole, and served at least one year in prison (with some exceptions).
2. Eligible felony: Your felony conviction must be eligible for expungement, as listed above.
3. No prior felony convictions: You cannot have any prior felony convictions or pending felony charges.
4. No pending charges: You cannot have any pending misdemeanor or felony charges.
5. Not a sexual predator: You cannot be required to register as a sexual predator under Florida law.
6. Completed sex offender treatment: If you were convicted of a sexual offense, you must have completed sex offender treatment.
7. Court approval: You must obtain court approval for the expungement.

Steps to Expunge a Felony in Florida

If you meet the statutory requirements, you can follow these steps to expunge a felony in Florida:

1. Gather required documents: You’ll need to gather proof of completion of your sentence, including court records, prison records, and proof of payment of any fines or restitution.
2. File a petition: You’ll need to file a petition with the court, which will require affidavits from you and any required witnesses.
3. Pay the filing fee: You’ll need to pay a filing fee, which varies by county.
4. Wait for the court’s decision: The court will review your petition and may schedule a hearing to consider your expungement.
5. Obtain court approval: If your petition is approved, the court will enter an order of expungement.

Time Frame for Expunging a Felony in Florida

The time frame for expunging a felony in Florida varies depending on the type of felony conviction and the time served. Generally, you can apply for expungement after:

• 5 years have passed since the completion of your sentence (for non-violent felonies)
• 7 years have passed since the completion of your sentence (for violent felonies)

Consequences of Felony Expungement in Florida

If your petition is approved and the court enters an order of expungement, the following consequences will occur:

• Your criminal record will be sealed from public view
• Law enforcement agencies will not disclose the expunged offense
• Most employers will not be able to access the expunged record
• You will not have to disclose the expunged offense on job applications or when applying for housing

Important Notes and Considerations

Before pursuing felony expungement in Florida, keep the following important notes and considerations in mind:

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• Expungement is not automatic and is subject to the court’s discretion.
• You may need to obtain a lawyer to represent you in the expungement process.
• Even if your petition is approved, the court may not order the complete destruction of all records (only the indexable information will be removed from public view).
• If you’re applying for expungement and have prior criminal convictions, you may need to disclose those convictions on your petition.

In conclusion, while not all felony convictions can be expunged in Florida, certain types of felony convictions may be eligible for expungement under the right circumstances. If you’re considering expunging a felony conviction in Florida, it’s essential to consult with an experienced attorney to ensure you meet the statutory requirements and understand the consequences of the process.