The Expungement Process in Florida
Expunging your criminal record may seem like a complicated process, but the defense attorneys of Metcalf Falls are ready to help you every step of the way. We know how much removing an arrest from your record can mean for your future opportunities.
Step One: Choosing to Seal or Expunge Your Record
Many people think that sealing and expunging are really the same thing, but there are important differences between the two. Here are the differences between sealing and expunging a criminal record:
Sealing means that the criminal record still exists, it is just placed under seal where the general public can’t view it.
There is a catch—certain governmental agencies can still access your record if you apply for a job or a professional license with them or are accused of a new crime. Here’s a quick list of some of the important ones:
- Any Florida law enforcement agency: if you apply for a job with them or are accused of a new crime.
- The Florida Bar: if you apply for admission.
- The Florida Department of Education: if you are applying for a job with a school.
- The Department of Insurance: if you apply for a license to sell insurance.
- The Florida Department of Agriculture: if you apply for a concealed carry permit.
Expunging means that the criminal record is erased. Most potential employers will not be able to see that you have any kind of record at all.
You should know that any Florida government agencies that would normally be able to see a sealed record would see a notation that you have a record that has been expunged if they ever looked you up. This means that if you apply for a job with that agency or a professional license, they could ask you questions about what charges you had expunged.
Step Two: Who is Eligible to Seek Expungements in Florida?
Sealing Your Record:
You can apply to have a criminal record sealed as long as you have not been adjudicated guilty of any offense prior to the record you are looking to seal. This even includes criminal traffic offenses, which means that if you were convicted of driving with a suspended license back in 1996, you are ineligible for sealing a new criminal record.
As you can imagine, there are criminal offenses which can’t be sealed. They include any sexual crimes, trafficking, or crimes of violence such as homicide, arson, kidnapping, aggravated assault or battery.
Expunging Your Record:
You can expunge a criminal record if the prosecution agrees to drop the charges, or if the record has been sealed for at least 10 years.
Step Three: Filling Out the Paperwork
Completing Your Expungement Application
You must sign and date the Expungement Application in front of a notary. If you don’t know where to find a notary, you can go to your local bank office and ask for one. Some post offices and shipping supply stores have notaries available for a fee.
Request a Certified Copy of the Case Disposition
This can be ordered from the Clerk of Courts for the county where your case took place.
Getting Copies of Your Fingerprints
You can get your fingerprint card done at the Hillsborough County Sheriff’s Office, at no charge for Hillsborough County residents. Here is a list of locations and hours:
- District I – 8:00 AM to 5:00 PM
- 14102 N. 20th Street
- Tampa, FL33613
- 813-247-0600
- District II – 8:00 AM to 4:30 PM
- Identification Section
- 2306 N. Falkenburg Rd
- Tampa, FL 33619
- (813) 247-0062
- (Closed on Holidays and Weekends)
- District III – 8:00 AM to 4:30 PM
- 7202 Gunn Highway
- Tampa, FL 33625
- 813-247-0330
- District IV – 8:00 AM to 4:30 PM
- 508 33rd Street SE
- Ruskin, FL 33570
- 813-247-0455
Submit the Forms to the Prosecutor for Expungement
If you are seeking to have a charge expunged, you need the prosecutor’s office to complete Section B of the application. Contact the Hillsborough County State Attorney’s Office to find out more information:
- Tampa Office:
- 419 N. Pierce Street
- Tampa, Florida 33602
- Phone: (813) 272-5400
- Plant City Office:
- 301 North Michigan Ave. Room# 1022
- Plant City, Florida 33563
- Phone: (813) 757-3890
Step Four: How Much Do You Pay for Florida Expungements?
Along with all the paper work and fingerprint card, you must submit a money order or cashier’s check for $75 made payable to the Florida Department of Law Enforcement.
