How to File an Expungement in Florida
- 1). Review your criminal history to ensure that everything is accurate and that you know exactly what the charge is that you are requesting expungement of. Request a copy of your record through the Florida Department of Law Enforcement's criminal history information page (see Resources). There is a processing fee, which was $24 as of June, 2010.
- 2). Check the Florida Department of Law Enforcement's list of reasons for denial to learn if you are eligible for expungement, also known as expunction (see Resources). Basically, if you have been found guilty of or pleaded no contest to any crime, you're ineligible--with a few exceptions. These include first-offense drug possession and some alcohol-related crimes.
- 3). Apply for a certificate of eligibility through the Florida Department of Law Enforcement. Download and complete an application for certification of eligibility (see Resources). You can call 850-410-7870 to have the application sent to you or mail a request for one to the department's Expunge/Seal Section:
Florida Department of Law Enforcement
Attn: Expunge/Seal Section
P.O. Box 1489
Tallahassee, Florida 32302-1489 - 4). Pay a notary to witness and approve your signature in section A of the application. Section A establishes your identity and the charges you are asking to be expunged. Contact your local law enforcement agency--police or sheriff's department--to complete the fingerprint portion of the application. Schedule an appointment with the agency to have your fingerprints taken for the application. You'll have to pay a fee, which will vary between counties and agencies.
- 5). Obtain a "certified disposition" of your case from the clerk of the court in the county in which the conviction occurred. This is a document that contains the details of your case as documented by the courts. Bring a cashier's check or money order to the court clerk's office to pay the nonrefundable application fee, which was $75 as of June 2010.
- 6). Hire a lawyer to complete section B of the application--you are not allowed to complete it yourself. If you are unable to pay for an attorney, try to find one who'll help you for free through LawHelp.org or FloridaProBono.org or other organizations that help low-income people get legal representation. You may also call the Florida Attorney General's office at 850-414-3990 to ask for an attorney to handle your case pro bono or write to the office:
Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050 - 7). Review your application to make sure you've filled everything in correctly and mail your application to:
Florida Department of Law Enforcement
Attn: Expunge/Seal Section
P.O. Box 1489
Tallahassee, Florida 32302-1489
Wait for the court to schedule a hearing on whether you will be granted an expungement. The more accurate and complete your application is, the faster the process will go. - 8). Bring any documents that you think may support your request for expunction to the hearing. If you are denied, you may be allowed one appeal. Check with the court clerk, as court policies regarding appeals vary. If your court allows an appeal, the clerk can provide you with the paperwork to start the appeal process. If your application and appeal are denied, you may still file through the state Department of Law Enforcement to have your criminal record sealed.
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