How do I get a felony expunged in Florida?
In Florida, a felony conviction can have a significant impact on a person’s life, including their ability to vote, own a firearm, and even find employment. However, there are steps that can be taken to expunge a felony conviction in Florida, allowing individuals to start fresh and leave their past mistakes behind.
Eligibility for Felony Expungement in Florida
Before diving into the process of expunging a felony conviction in Florida, it’s essential to understand the eligibility criteria. According to Florida Statute 943.0585, a person is eligible for felony expungement if:
• They have completed their sentence, including any probation or parole.
• They have not been convicted of a crime other than a minor traffic violation or a misdemeanor.
• They have not had a prior felony expungement or seal in Florida.
• The felony conviction is not for a crime that is listed in the Florida Statutes as not eligible for expungement.
The Expungement Process in Florida
The process of expunging a felony conviction in Florida involves several steps:
- Determine Eligibility: Review the eligibility criteria to ensure you meet the requirements.
- Gather Required Documents: Collect all relevant documents, including:
- A copy of your felony conviction
- A copy of your completed sentence
- Proof of identity
- Proof of residency
- File the Petition: Submit a petition for expungement to the court where the felony conviction was obtained. The petition must include:
- A statement of your eligibility
- A description of the felony conviction
- A list of all law enforcement agencies and courts that have access to the conviction
- Serve the District Attorney: Serve the petition on the district attorney or state attorney who prosecuted your case.
- Wait for a Response: The district attorney has 30 days to respond to the petition. If they do not respond, you can proceed with the next step.
- Attend a Hearing: Attend a hearing before a judge to discuss the petition and answer any questions they may have.
- Get a Court Order: If the judge grants your petition, you will receive a court order expunging your felony conviction.
- Notify the Necessary Parties: Notify the necessary parties, including law enforcement agencies and courts, of the expungement.
Fees and Costs
There are several fees and costs associated with expunging a felony conviction in Florida, including:
• Filing Fee: A $45 filing fee is required to file the petition.
• Service Fee: A $25 service fee is required to serve the petition on the district attorney.
• Background Check Fee: A $42.50 background check fee is required to conduct a background check.
• Criminal Justice Enhanced Training Program: A $35 fee is required to participate in the criminal justice enhanced training program.
Timeline for Felony Expungement in Florida
The timeline for felony expungement in Florida can vary depending on several factors, including:
• Complexity of the Case: More complex cases may take longer to process.
• District Attorney’s Response: The district attorney’s response time can impact the timeline.
• Court Scheduling: Court scheduling can also impact the timeline.
Consequences of a Successful Felony Expungement
A successful felony expungement in Florida can have significant consequences, including:
• Sealing of Records: Your felony conviction will be sealed, making it difficult for others to access the information.
• Restoration of Rights: You may be able to restore your right to vote, own a firearm, and even find employment.
• Increased Opportunities: A successful expungement can increase your opportunities for education, employment, and housing.
Conclusion
Expunging a felony conviction in Florida is a complex process that requires careful attention to detail and a thorough understanding of the laws and regulations. By understanding the eligibility criteria, the expungement process, and the fees and costs involved, individuals can take the first step towards leaving their past mistakes behind and starting fresh.
