Florida Motion for New Trial for Purpose of Expunging Criminal Record

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US-02609BG
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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 explicitly states that the following violent offenses are always ineligible for expungement: Homicide. Manslaughter. Burglary of a dwelling. Kidnapping. Child abuse. Sexual battery. Any offense that requires sex offender registration. Assault & Battery.

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.

Section 943.0585(4), Florida Statutes, provides that a criminal history record ordered expunged that is retained by the Florida Department of Law Enforcement (FDLE) is not available to any person or entity except upon order of a court of competent jurisdiction.

Gov. Ron DeSantis on Tuesday vetoed a bill that would allow adults to get their criminal record expunged even if they had an expungement as a juvenile. Under current Florida law, someone cannot get their criminal record expunged as an adult if they had an offense scrubbed as a juvenile.

In Florida the cost for an expungement petition is $75. This doesn't mean that you just pay your money and you're done. You have to make sure you have filled out the proper forms and you have all the relevant documentation. This is where an experienced lawyer can help move the process along.

If you have been convicted (adjudicated guilty) of a crime, it will never go away. A conviction for (misdemeanor or felony) will follow you for the rest of your life or/if the law changes. Also, if convicted for any criminal offense, you will not qualify to seal or expunge any other case.

The granting of a petition for sealing or expungement filed by a statutorily-eligible petitioner is at the sole discretion of the court. Under certain specified conditions, criminal history records may be eligible for expungement under other statutory provisions, with different requirements and different effects.

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Florida Motion for New Trial for Purpose of Expunging Criminal Record