Expunging your criminal record offers several benefits. These include increasing your chances of being accepted to a job, enhancing your gun rights, positively impacting child custody proceedings, and building a better reputation, such as when investing in real estate.
The Florida expungement process has unique clauses from those in other states. This humble guide will help you understand and deal with those nuances accordingly. We will discuss the complexities riddling the Florida expungement process and even see if it is worth it.
Therefore, if you want to know more about Florida expungement, then please consider following through.
What Is Florida Expungement?
Expungement in Florida refers to the legal procedure wherein a judge orders the physical obliteration or destruction of a person’s criminal history record, provided that the record is under the custody, possession, and control of a Florida criminal justice agency and judicial records.
Records expunged will already be removed from public view as if the crime or incident never transpired. However, note that there are limitations on which records can be expunged or not.
Yet, the person may already be looking for jobs and entering investment deals as if they had not committed wrongdoing in the past.
Therefore, record expunging has some limitations. Hence, understanding those limitations is a part of the process.
Steps to Get Records Expunged
Why should you get your records expunged? Especially when the process is tedious and can cause significant financial stress and time.
If you are toying with the idea but aren’t quite sure of it, here is a brief rundown of the steps you need to follow. Hopefully, this should help you pick and move in the right direction.
Step 1: Check Your Eligibility
Ensure you meet all the requirements for expungement, including no prior convictions, a dismissed case, and no current court supervision or pending charges.
This is a crucial step of the process since approaching the subject under-prepared can backfire and lead to cancellation or rejection of the same.
Step 2: Prepare and Submit Application
Complete the Florida Department of Law Enforcement (FDLE) Application for a Certificate of Eligibility, including fingerprint submission and a certified copy of your case disposition.
This can be a tedious process. Hence, you should seek someone who can guide you through the nooks and crannies of Florida expungement bureaucracy.
Step 3: File the Petition
After receiving your Certificate of Eligibility, file your petition for expungement with the appropriate court. Again, filing an application for expungement in the court of law is not as linear as it sounds.
Hence, having a legal representative with you can help your cause and enhance your chances of getting it approved without any roadblocks.
Step 4: Serve Necessary Parties
Serve copies of the petition, FDLE Certificate, and supporting documents to the arresting agency and the State Attorney’s Office.
This is where the claws of bureaucracy will creep in. Hence, approach with proper help and research. Otherwise, your Florida expungement appeal would be shot down miserably.
Step 5: Wait for the Court’s Decision
Wait for the State Attorney’s response and any required court hearing. If approved, the court will issue an order to expunge your records, which you’ll need to finalize by paying any fees.
These cases take time and can take several hearings. It is not like applying for a driver’s licence. You are asking the court to remove your criminal records legally. This takes time and patience.
Florida Expungement Benefits
Getting your record expunged has several benefits. While some are social, in other cases, it can become a matter of life and death.
Here is a brief rundown of some of the most important reasons why you must consider going through the process of Florida expungement or any other state you live in.
Better Chances Of Getting Accepted For A Job:
Most employers prefer employees without a criminal record. This can be problematic for people who took the time. The Florida expungement process takes care of that. This removes the criminal record and can make it easier for you to get a job.
More Open Access To Housing:
Like employers, many housing authorities in the Sunshine State can make a clean record mandatory for getting a place to reside. Therefore, expungement helps you clear the charges and makes you more socially accepted.
Restored Civil Rights:
No power can take away your civil liberties, even if you did time for something. However, social ostracization and systemic racism towards former inmates can push them to the brink of letting go of their civil rights for the sake of ‘getting by.’ Therefore, in some ways, a clean record can restore that.
More Access To Quality Education:
Your past should not hinder your desire to get educated and be a functional part of society. Expunging your criminal records would allow you to resume your studies. Subsequently, it will also help you secure a better job with security and other perks.
Peace Of Mind:
Nothing beats the fact that getting your records expunged also makes an individual’s life easier. Financially, you will not face any form of employee or business ostracization. Therefore, Florida expungement is a quality-of-life investment that you must consider making.
Is It Worth It?
Expunging your records in the Sunshine State can significantly enhance your life by improving your chances of secure employment, as many employers are wary of applicants with criminal histories.
It also opens up better housing opportunities, as landlords are more inclined to rent to individuals with clean records.
Restoring civil rights allows for full participation in civic duties, while access to quality education expands without the burden of a past conviction.
Ultimately, the peace of mind that comes with a fresh start is invaluable, empowering individuals to move forward positively.
Wrapping It Up!
Expunging your records is great and has many benefits. But it also raises questions of affordability and accessibility. Not everyone can afford a Florida expungement.
Those without the financial capacity can do away with the existing criminal records. Still, Florida expungement does consider this aspect and has kept things a bit accessible for the general populous.
However, seeing and realizing the benefits of expungement in Florida will be worth your effort and time. Why wouldn’t you if it means securing a better future? For experts on expungement, talk to Erase the Case attorneys today.
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