Legal Question in Criminal Law in Florida
Criminal Records
How do I get a criminal record sealed or expunged?
2 Answers from Attorneys
Re: Criminal Records
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If you qualify, you will have to file a Petition to Seal or Expunge. Some information on what qualifies can be found online at:
http://www.fdle.state.fl.us/expunge/faq.html
You will need to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement which costs $75.00. This gets filed with your Petition. The requirements of the petition state that it shall be by petition in writing, filed with the clerk. The petition shall state the grounds on which it is based and the official records to which it is directed and shall be supported by an affidavit of the party seeking relief, which affidavit shall state with particularity the statutory grounds and the facts in support of the motion. A copy of the completed petition and affidavit shall be served on the prosecuting attorney, the arresting authority, and the Florida Department of Law Enforcement. Unless the state indicates that it has no objection to the requested relief, no petition may be granted until at least 30 days after service of the copies of the petition and affidavit. Notice and hearing shall be as provided in rule 3.590(c). and 3.989.
Scott R. Jay, Esq.
Re: Criminal Records
You can contact my office and I can quote you the fee. It generally takes anywhere from 3-6 months from start to finish.
Scott H. Cupp
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