How to Get a Felony Expunged in Florida

In short, it depends. In Florida, felony convictions cannot be expunged. However, if your criminal felony case resulted in either a dismissal or a not-guilty verdict, then you might be eligible for expunging a conviction in Florida.

It is important to note that only certain non-violent and less serious felonies, such as third-degree felonies, qualify for expungement in Florida. You must first understand the concept of criminal cases and convictions before you can fully understand the process of obtaining an expungement.

A criminal conviction is essentially a formal judgment of guilt by an individual that is entered by a court. A criminal conviction on a person’s criminal record can result in them facing many problems in the future. For instance, criminal convictions may impact:

• A person’s ability to secure or maintain employment
• A person’s right to obtain professional licensing
• A person’s ability to secure housing, as landlords often check criminal records and may deny rental applications based on criminal charges or convictions
• A person’s ability to obtain an education, as some academic institutions may refuse admission or deny financial aid to individuals with criminal records
• A person’s right to vote in local or national elections
• A person’s right to obtain or carry a firearm

The above list is not exhaustive, as criminal convictions can affect numerous other areas of a person’s life. Further, even if a criminal case does not result in a formal conviction, the record of the person’s arrest and the accompanying criminal prosecution will generally remain on that person’s criminal record. Their arrest record will also remain and may often impact a person’s life similar to a formal conviction.

That is why Florida allows individuals who were not convicted to seek an expungement, including people who had a felony charge. In general, the felony expungement process involves first obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (“FDLE”).

Then, the person seeking the expungement will then need to petition the court where their arrest occurred. It is often recommended to consult with an attorney in order to get help navigating the legal complexities of the expungement process.

Factors Influencing Felony Expungement

Navigating the expungement process in Florida can often be complicated due to numerous factors. There are several different factors that can influence a person’s ability to obtain a felony expungement in Florida, including:

• Type of Felony: Once again, only certain non-violent and less serious felonies, such as third-degree felonies, are eligible for expungement in Florida
  • This means that violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement
• Case Outcome: As noted above, the felony case must have resulted in a dismissal, not-guilty verdict, or a nolle prosequi ( i.e., the state decided not to pursue prosecution)
• Completion of Sanctions: All court-ordered sanctions, such as probation, community service, or restitution, must have also be completed before an individual may seek expungement
• Prior Expungements or Sealings: Florida law only allows one expungement or sealing per lifetime
• Criminal History: Individuals with prior criminal convictions may also be disqualified
• Fees and Documentation: As mentioned above, felony expungement applicants must submit a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), a fingerprint card, and a processing fee before an expungement can be considered
  • It is important to note that fee waivers may be obtained for financial hardship

Which Felonies Can Be Expunged?

As mentioned above, only certain non-violent and less serious felonies are eligible for expungement. Felony charges that are eligible for expungement typically include:

• Third-degree Felonies: This includes certain drug offenses, such as possession of small amounts of marijuana and other non-violent property crimes
• Felonies that resulted in dismissal or acquittal: If the criminal felony case was dropped, dismissed, or the individual was found not guilty, such cases are generally eligible

Once again, violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement.

The Process of Expunging a Felony

The exact process of expunging a felony charge in Florida involves the following steps:

• Determine Eligibility: First, you must ensure your felony charge is eligible for expungement
  • Once again, only certain non-violent and less serious felonies qualify for expungement
• Complete All Sanctions: You must have finished all your court-ordered sanctions, such as probation, community service, or restitution
• Obtain a Certificate of Eligibility: You then need to apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), which also requires submitting an Application for Certification of Eligibility, and a $75 fee
• File a Petition to Expunge: You then need to submit a Petition to Expunge with the clerk of the circuit court in the jurisdiction where the arrest occurred, including your Certificate of Eligibility and a certified copy of the case disposition
• State Attorney Review: The state attorney’s office will then review the petition and may object
  • If any objections to your petition arise, a court hearing will need to be scheduled
• Court Hearing: If a hearing is needed, you will need to present your case before a judge, demonstrating your compliance with all of the legal requirements and addressing any objections raised by the state attorney
• Judge’s Decision: If the judge grants your expungement, the records you sought to be expunged will be sealed or erased from public view

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

As mentioned above, when a felony is expunged in Florida, it is sealed from public view. However, this does not mean that it is not entirely erased, but rather it means that the record was removed from most public databases. Doing that makes it inaccessible to employers, landlords, and the general public.

However, certain government agencies, such as law enforcement, the courts, and specific licensing boards, may still access the sealed record for specific purposes. Importantly, you are legally allowed to deny the existence of any expunged record in almost every case, such as on a job application.

Which Felonies Are Not Eligible for Expungement?

In Florida, there are several categories of felonies that are typically not eligible for expungement, including

• Violent crimes, such as assault, battery, and any offense involving violence against another person
• Sexual offenses, including sexual battery, lewd or lascivious behavior, sexual misconduct, and similar crimes
• Crimes against minors, including offenses involving child abuse, child neglect, or exploitation of children
• Serious drug offenses, including trafficking or manufacturing controlled substances
• Criminal acts that involve the use or possession of firearms
• Repeat offenses, as individuals with prior convictions or those who have already received an expungement, are generally not eligible

Do I Need an Attorney for Help With Felony Expungement?

If you have received a felony charge and would like to seek felony expungement in Florida, it is recommended to consult with a Florida expungement lawyer. LegalMatch can assist you in setting up an initial legal consultation with a local Florida lawyer near you.

An expungement attorney will be able to help you understand your state’s specific laws on felony expungement, including ensuring that you are eligible for an expungement. They can also help you file any necessary legal documents, as well as represent you at any in-person court hearing.