Can You Expunge A Felony In Florida?
We all make mistakes in our lives. Occasionally, a mistake can be big enough to lead to a criminal charge or conviction. Most arrests that didn’t result in conviction can be expunged, sealed, or removed from your record. But other charges and arrests may not be eligible for removal.
If you have been charged with or convicted of felony charges in Florida and have a court hearing, this is an immensely upsetting experience, and you may wonder what the future holds. Those who want to clear their criminal record will need assistance expunging or sealing their record. Sealing or expunging your criminal record can be complex, but criminal defense attorney Julian Stroleny has assisted many Floridians with expunging and sealing their criminal records, and all parts of the Florida legal process.
Attorney Stroleny has also been rated a 2023 AV Preeminent – Martindale-Hubble and 2023 Client Champion – Martindale-Hubble. He was an assistant state attorney, so he has a detailed understanding of the Florida criminal justice system that significantly benefits his current clients.
What Is Expungement and Why Do It?
Expungement in Florida means the court removes mention of your criminal history from the public record. Thus, the record cannot be seen if someone conducts a background check on you. The cases in which anyone can view an expunged record are rare.
The only time you are required to disclose an expunged criminal arrest in a background check for employment is if you’re applying for a job in education, working with children or the elderly, or law enforcement. It is especially beneficial to expunge your record for improved job opportunities and to be able to rent a home or apartment. Other potential benefits of expungement are:
- Avoiding having a criminal past found out by your college or university
- Being able to legally circumvent company policies that prevent promotion for those with a criminal record
- Ensuring you maintain a strong reputation in your community
Not all offenses qualify for expungement, however.
What Is the Difference Between Expunging and Sealing Criminal Charges for Criminal Records?
If your criminal history is sealed, it means the public cannot view it. However, specific government agencies, such as those outlined in s. 943.059(4)(a), Florida Statutes, may be able to access a sealed record.
When your criminal history record has been expunged, the public cannot access it. The government organizations that could potentially access a sealed record will be told that you’ve had a record expunged, but they cannot see what it is. They would only see a statement that a criminal record was expunged. This should allow you to continue with the process of applying for a job.
What Is the Criminal Record Expungement Process in Florida?
The law permits you to expunge a single criminal record from your past. A criminal record means any situation where you were arrested and fingerprinted, regardless of the ultimate case outcome.
You need to take the following steps to have your arrest records and criminal records expunged. Also, your criminal defense attorney should be relied upon to assist with this process, as it is complex and confusing:
- Gather all documents related to the Florida criminal record.
- Apply for a certificate of eligibility for the expungement from the Florida Department of Law Enforcement.
- File a petition for relief with the court for the county where you were arrested.
- Inform various parties of your expungement request.
- Ask for a hearing where a judge will decide if the record will be expunged.
Florida law permits you to expunge certain criminal records from your history, but this only applies to cases that were dismissed, meaning the outcome was not a withhold of adjudication or conviction.
Whether a misdemeanor or felony, you can only expunge a case that didn’t result in a finding of guilt. Note: You can never expunge a felony conviction. Other charges are deemed so severe, they cannot even be sealed, such as felony domestic violence, child abuse, or sexual misconduct. However, you may be able to get a felony arrest expunged if the case was dismissed. Other examples of felony cases that you cannot expunge are:
- First-degree felony for aggravated battery
- Second-degree felony for non-aggravated assault
- Child abuse
Under Florida statutes, you cannot have a human trafficking, pornography of a minor, or drug trafficking conviction expunged. Your only option in those cases is to work with a criminal defense attorney to apply for a pardon or restore your right to vote.
Also, you may only expunge a criminal case that didn’t result in a finding of guilt. Juvenile arrests can also be expunged, given the right circumstances. Florida law governing juvenile expungements is generally more lenient.
When Must You Say That Your Record Was Expunged?
If your arrest record is expunged, you can legally deny or not acknowledge arrests in the record. However, there are the following exceptions to having a record sealed or expunged:
- You are a candidate for a job with a criminal justice agency.
- You are a candidate to be admitted to the Florida Bar.
- You are seeking employment with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice.
Speak to a Florida Criminal Defense Attorney Now
If you don’t want anyone to know about your criminal record, you should get it expunged. Most misdemeanors and arrests can be expunged. While a felony conviction—like sexual misconduct and most child offenses—cannot be expunged, it may be possible to expunge felony charges that were dropped or dismissed.
For help with your expungement case, speak to Miami criminal defense attorney Julian Stroleny for a free consultation. He can assist you with a felony charge case and will strive to ensure you get the best case result and avoid a conviction. Attorney Stroleny has a 10.00 Avvo rating and has been named a Florida Super Lawyer. Call Stroleny Law: Criminal Defense Attorney now at (786) 481-4129 for a free consultation.