Even if you have not been convicted, a criminal record of charges or arrests may affect your employment, volunteering, or even getting a loan.You may want to expunge the items from your record if this is happening to you.If you haven't been convicted, expelling will remove certain items.To expunge items from your record in Florida, you need a personal review of your criminal record history.You need a Certificate of Eligibility to verify that the items you want to remove are appropriate.You need to petition the court for an order to remove offending items from your record.You can do this on your own, or you can hire an attorney to help you with the process.
Step 1: You can request a personal review of your record.
Any individual has the right to request a review of their criminal history record.The completeness and accuracy of the record is checked in this review.You can find out what items are visible on your criminal history record by conducting a personal review.A common personal review of your record is what the procedures detailed here are for.To make special arrangements for a certified copy of your criminal history record, you need to call the Florida Department of Law Enforcement Criminal History Services at (850) 410-8109.You can contact them by email.You don't have to pay for a personal review of your record.It is recommended that you have a personal review in order to expunge certain items from your record.
Step 2: Personal information can be provided on the application form.
To begin the process, you need to complete the "Application for Personal Review of Florida Criminal History Record." The form is available at the website of the Florida Department of Law Enforcement.Provide the personal information on the application form, including your full legal name and any other names you may have used.You have a current mailing address.You have your date of birth, gender and race.You have your social security number and driver's license number.These may help identify the correct records.Your contact information.You have to give your daytime phone number, alternate number and email address.
Step 3: The reasons for your request can be answered.
You will be asked if you have a criminal record in Florida.You should give your state identification number if that's the case.You will be asked why.If you want your review to expunge records, you need to identify any discrepancies.If you believe that there are certain items on your record that are questionable, you may provide the date of each arrest and a brief explanation.You don't need this step in order to get a personal review.The application form needs to be signed and dated.
Step 4: You should get a copy of your fingerprints.
There is a blank fingerprint card on the last page of the Application for Personal Review of Florida Criminal History Record.You need a set of fingerprints to apply.You can have your fingerprints taken at almost any law enforcement office, such as a police department, sheriff's office or state police barracks.You should ask the office where you want this done if they have times for it.You can find a list of qualified fingerprints service providers in addition to law enforcement offices.The fee for providing the service may be an administrative fee.Call an office near you and ask, "Do you provide fingerprints that will support a request for a personal criminal records review?"
Step 5: Attach your fingerprints with the completed application.
The completed form and fingerprints should be sent by mail to the Florida Department of Law Enforcement.Make sure you sign the application form and that the fingerprints are completely filled in with your identifying information.You can save a copy of the form.You have to submit it again with your application for a certificate of eligibility.You should get a response within 30 days.If you need a faster review, you can call or visit.For a fee of $24, you can conduct an expedited review.
Step 6: Take a look at your criminal history report.
You should check your report for completeness and accuracy when you receive it.To make sure the items you want to expunge are eligible, you can review the record.You can't expunge items that have been found guilty or delinquent.Expunging your record means removing charges that were dropped or found not guilty.
Step 7: The application form can be downloaded and printed.
Obtaining a Certificate of Eligibility is the first step in expunging your records.The application form is available on the FDLE website.The form appears on your computer screen when you download it.You can type your answers into the form and then print a completed copy.You can either print the blank form or complete it by hand.
Step 8: Section A is what you need to complete the application form.
The form asks for information about you.You can list the dates on your criminal record that you think should be erased.The district attorney's office will review this information to make sure that you are eligible to have these dates expunged from your record.Provide the name when completing Section A.If applicable, include any aliases or maiden names.There are telephone numbers.The date of birth is important.The race is on.Sex.There is a social security number.Failure to provide a social security number can delay the processing of your application.There is a Florida driver's license number.Permanent address and mailing address.Arresting agency and date of arrest.You want to expunge the charges.
Step 9: You have to sign the application form.
Your signature shows that you believe you are eligible to have the records expunged and that all of the information on the application form is correct.Before you sign the application, make sure you have your signature notarized.The public will review your identification, witness your signature, and then affix a state seal to verify the authenticity of the signature.You can do a quick search on the internet.You can find a notary public at banks, public libraries and your city clerk's office.They might charge an administrative fee for their services.
Step 10: Section A complete is what you need to submit the application to the state attorney's office.
Section B on the application form is required by the state attorney in the county where you were charged.The form should be sent to the appropriate state attorney's office.Section B will be completed by the office that returned the form to you.Within two weeks, you will receive the completed form.You can find a link to state attorney addresses arranged by city and judicial circuit at http://www.stateofflorida.com/attorneys.You should call the state attorney's office to make sure you address the form to the right person.If the form gets lost, keep a copy of it.
Step 11: You should get a certified copy of your court disposition.
You must get a certified copy of the final disposition from the court clerk for each charge that you wish to have expunged from your record.While you wait for the state attorney to complete Section B of your application, you can work on this.To get a certified copy of your court disposition, you need to request it from the court where your charges were addressed.The court clerk may have a form to use.You can make the request over the counter.To get a certified copy of the disposition of criminal charges against you, you need to know when you appeared in court.
Step 12: The processing fee should be provided.
Payment of a processing fee of $75 is required for an application for a Certificate of Eligibility.You have to include this payment with your application form.The payment must be in the form of a money order or cashier's check.
Step 13: You should include a copy of your fingerprints.
You can send a fingerprints card with this application if you obtained a copy of your fingerprints for personal review.You will need to have your fingerprints taken if you don't.There is a blank form on the last page.This form can be taken to any law enforcement office.You can find a list of qualified fingerprints service providers in addition to law enforcement offices.The fee for providing the service may be an administrative fee.Call an office near you and ask, "Do you provide fingerprints that will support a request for a personal criminal records review?"
Step 14: You must submit your completed application package.
When your application is ready to be submitted, you need to send it to the FDLE.If you don't submit a full package, your request will either be denied or returned to you with all the materials.Mail your complete package to the Florida Department of Law Enforcement.Box 1489 is in Florida.Before mailing, keep a copy of the complete package for yourself.The complete package should include the Completed Application form, Section B from the State Attorney's office, and an notarized signature.The fee is paid in a cashier's check or money order.There is a copy of the case disposition.There are fingerprints.
Step 15: Wait for a response to your application.
As applications are submitted, the FDLE responds to them.The FDLE expects to reply to your application within 90 days.
Step 16: You should consult with an attorney.
You can represent yourself through the rest of the process, but an attorney can help you file the papers in the appropriate court.You may be able to get help from a public defender.The attorney from the original trial may be able to help you with the remaining paperwork.If you need to find a new attorney, you can start by asking your friends and colleagues for referrals.You can refer someone to the Bar Association in your area.You will want someone who has expunging records.Ask the potential attorney about his experience handling cases like yours.How many people have you successfully represented in expunging their criminal records?The attorney is familiar with your court.
Step 17: The forms to petition the court need to be prepared.
The charges you identified are eligible to be expunged if you received a Certificate of Eligibility from the FDLE.You have to file a petition with the court to have the charges expunged.The final stage of the process can be helped by an attorney.You should check with the clerk of the court where your case was heard to find out the name and original case number.The items should be at the top of the petition.You can find specific forms on the court website.The petition to expunge form can be found on the website in Miami-Dade County.There is an affidavit in support of the petition.The court can use the order to expunge.
Step 18: Pay the filing fee when you file the forms.
The court requires that you complete the forms.There are spaces for you to fill in your identifying information and an explanation of why you want to expunge the records.Take the completed forms with your certificate of eligibility and filing fee to the court clerk after completing the petition and affidavit.The filing fee can be different from county to county.You can check the website of your court.The filing fee for a Petition to Expunge is $42 in Miami-Dade County.You may have to pay additional costs for copying and certifying the order.
Step 19: Prepare for a hearing.
If a hearing is necessary, the court will accept the papers you file.If all the paperwork is complete and satisfactory, the judge may approve your petition without a hearing.If the judge has questions about your case, a hearing will be scheduled.It is a good idea to have an attorney meet with you.If there is any reason for the prosecutor to object, the court will give them notice of the hearing schedule.Prepare responses and anticipate possible reasons for the prosecutor's objection.If the prosecutor argues that you were involved in a lot of criminal activities, you may want to say that the charges were dismissed a long time ago, and you have a clean record.You should prepare copies of any documents you need to support your statements.You must have copies for the judge and prosecutor.Make copies of all documents and evidence related to your case if you wish to submit it to the court.
Step 20: Attend the hearing.
Arrive early, dress nicely, and behave respectfully on the day of your hearing.The judge should be addressed as "judge" or "your honor".The court will listen to both your arguments and those of the prosecutor.The judge will make a decision after the hearing based on the evidence and arguments presented.Whether you have been charged with or arrested for any more crimes will be considered by the judge in making the final decision.Your record since the offense.You can keep a job and pay your bills if you have an arrest record.This may serve in your favor if you have completed any additional education or job training.There are any arguments raised by the prosecution.