Florida Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Florida law allows you to expunge one criminal record from your history. A criminal record is a record of any incident where a person was arrested and fingerprinted, regardless of the eventual outcome of the case. You can only expunge a misdemeanor conviction or an arrest record that did not lead to a conviction.

REQUIRED DISCLOSURE Generally, you are legally authorized not to disclose an arrest if it has been sealed or expunged. However, a person may be required to disclose information regarding an arrest or criminal charge when applying for various specific positions, such as: Applying for a state-issued professional license.

Mailing information: Mail your completed application package and fee to the following address: Florida Department of Law Enforcement. ATTN: Expunge/ Seal Section. P.O. Box 1489. Tallahassee, Florida 32302-1489.

It is often asked how long it takes to seal or expunge a record in Florida. We tell potential clients that it takes on average 5-8 months to go through the sealing or expunge process. The reasons can vary, however, some of the factors to consider are: Sealing vs.

Sealing and Expunging Criminal Records Step 1: Obtaining and Completing the Application. ... Step 2: Submit Application to the State Attorney's Office. ... Step 3: Submit completed application to FDLE. ... Step 4: Complete and File a ?Petition and Affidavit to Expunge or Seal? ... Step 5: Filing the Petition.

There is no requirement that you have an attorney in order to request a seal or an expungement of your criminal history record. However, because the process sometimes involves complex legal issues, an attorney's advice and assistance may well be helpful in many cases.

In Florida the cost for an expungement petition is $75. This doesn't mean that you just pay your money and you're done.

Additionally, you must meet the following Florida expungement requirements: You've never been convicted of a criminal violation in Florida; You've never been adjudicated delinquent of a felony offense or specified misdemeanors(criminal charge as a juvenile);

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Florida Affidavit in Support of Motion to Order Expungement of Criminal Record