Expungement of Non-Judicial Criminal History in Florida

Every time you are arrested for a criminal offense in Florida, there is a negative mark appearing on your criminal record. Even if you are not convicted after your arrest, your criminal record can be in danger. Having a mark on your criminal record can lead to problematic situations and limit your future opportunities.

The effects of a negative mark on your criminal record can be experienced when you obtain job opportunities, rent a home or apartment, pursue a degree or professional certification, receive bank loans, and receive student loans. These problems can chance your life and affect your future. Fortunately, there is a way to have these arrests erased from your criminal record in Florida.

In order to expunge a non-judicial criminal history record in Florida, you must be eligible to do so under Florida law.  There are different conditions you need to meet so that your criminal history record can be erased.

1.  You must not have had a prior record sealed or expunged. You will not be able to expunge any Florida criminal history record if you have ever had a criminal history record expunged prior to your application.

2.  You must not be under any form of court supervision, like probation.

3.  You must not have received a guilty verdict. A "criminal offense" may include any traffic law violation or a criminal city or county ordinance violation. You need to take into consideration all of your criminal records - local, state, federal, and military - even a record that does not show in a state or national background check you may have obtained about yourself, or even arrest for which you were not fingerprinted.

4.  You must not have been convicted of a misdemeanor or felony.  You will not be eligible to successfully expunge any Florida criminal history record if you have been adjudicated delinquent, as a juvenile, for any felony or for any of the following misdemeanors like arson, assault and battery, petit theft, indecent exposure, and unlawful possession of firearms.

If you meet these basic requirements, then you may be eligible for the expungement of your non-judicial criminal record.  Expungement is a relatively fast process.  After you petition for expungement, the process usually takes about 4 to 6 months for your arrest to be erased from your record if the State of Florida grants your petition. It is important to talk to a Florida criminal defense lawyer about this issue.