Can You Get a Felony Expunged in Florida?
In Florida, a felony conviction can have long-lasting and far-reaching consequences, including the loss of voting rights, the right to own a firearm, and the stigma of being a convicted felon. However, there are circumstances under which a felony conviction can be expunged, or sealed, from a person’s criminal record. In this article, we will explore the process of expunging a felony conviction in Florida and the eligibility requirements.
Can You Get a Felony Expunged in Florida?
Yes, it is possible to get a felony expunged in Florida, but it is a complex and lengthy process that requires meeting specific eligibility requirements. The Florida Statutes provide for the sealing of certain criminal records, including felony convictions, under certain circumstances.
Eligibility Requirements
To be eligible for felony expungement in Florida, you must meet the following requirements:
- You must have been convicted of a felony and have completed your sentence, including any probation or parole.
- You must not have been convicted of any other felony or misdemeanor crime within the past 5 years.
- You must not have been convicted of a crime that is considered a "crime of violence" or a "crime of moral turpitude."
- You must not have been convicted of a crime that is considered a "serious felony," which includes crimes such as murder, kidnapping, and burglary with a weapon.
Types of Felonies That Can Be Expunged
Not all felony convictions are eligible for expungement in Florida. The following types of felonies are generally eligible for expungement:
- Non-violent felonies: Felonies that do not involve violence or the threat of violence, such as drug trafficking, theft, and fraud.
- Non-serious felonies: Felonies that are not considered serious, such as possession of a controlled substance or petit theft.
- Misdemeanor-level felonies: Felonies that are punishable by a maximum sentence of less than 15 years in prison, such as burglary of a dwelling or grand theft.
The Expungement Process
The process of expunging a felony conviction in Florida involves several steps:
- Filing a petition: You must file a petition with the court in which you were convicted, requesting that your felony conviction be sealed.
- Background check: The court will conduct a background check to ensure that you are eligible for expungement and that you have not been convicted of any other crimes.
- Hearing: A hearing will be held to determine whether your petition for expungement should be granted.
- Order of expungement: If your petition is granted, the court will issue an order of expungement, which will seal your felony conviction from your criminal record.
Benefits of Expungement
Expunging a felony conviction in Florida can have several benefits, including:
- Improved job prospects: Having a felony conviction on your record can make it difficult to find employment, but expungement can help to remove this obstacle.
- Improved housing prospects: Landlords and property managers may be more likely to rent to someone with a sealed felony conviction.
- Improved education and training opportunities: Some educational institutions and training programs may be more likely to accept someone with a sealed felony conviction.
- Improved ability to vote: Felons who have had their convictions expunged are eligible to vote in Florida.
Table: Eligibility Requirements for Felony Expungement in Florida
| Criteria | Description |
|---|---|
| Conviction | Must have been convicted of a felony |
| Sentence completion | Must have completed sentence, including probation or parole |
| No new convictions | Must not have been convicted of any other felony or misdemeanor within the past 5 years |
| No crime of violence | Must not have been convicted of a crime of violence or a crime of moral turpitude |
| No serious felony | Must not have been convicted of a serious felony |
Conclusion
Expunging a felony conviction in Florida can be a complex and lengthy process, but it can also have significant benefits for individuals who are eligible. By understanding the eligibility requirements and the expungement process, individuals can take steps to remove the stigma of a felony conviction and improve their chances of finding employment, housing, and education opportunities.
