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Well there is a process involved in getting a record expunged. I wil try my best to explain as I am currently trying to get my record expunged as well without the assistance of an attorney.
- Visit the following website to see if your charges qualify to get expunged http://www.fdle.state.fl.us/expunge/. NOTE: PLEASE READ THROUGH THIS WEBSITE AS IT WILL EXPLAIN ALL THE NECESSARY STEPS TO TAKE WHEN SUBMITTING AN APPLICATION. IF YOU ARE COMPLETING THIS PROCESS WITHOUT THE ASSISTANCE OF AN ATTORNEY, I RECOMMEND RE-READING THE STEPS UNTIL COMPLETELY UNDERSTOOD. ONE MINOR MISTAKE CAN CAUSE YOUR APPLICATION PROCESS TO BE DELAYED. YOU CAN ALSO HIRE AN ATTORNEY THAT COST ANYWHERE FROM $395-$2000.
- Contact the clerk of court (county where you were arrested) for a certified copy of the disposition
- Send a copy of the disposition to your State Attorney (SA) along with the application (1st page only) for Certification of Eligibility (COE) for the Florida Department of Law Enforcement (FDLE (can be downloaded from website provided above)). I recommend attaching a letter of explanation as to why you are looking to getting your record sealed/expunged. It helps in your case and also overnighting a package to the SA office.
- The SA then has to either approve or deny your expungement. Please keep in mind that this process can take anywhere from 8+ weeks. Depends on when the SA gets to the file and if they're backed up.
- Once you receive the approved COE from the SA, you then have to send the completed application to the FDLE along with a $75 money order (via overnight if you can). Be certain to get your fingerprints taken at an approved agency. I recommend keeping a copy of everything. This process can take anywhere from 8+ weeks as well.
- Once you've received a certified COE from the FDLE you then have to file a Petition to expunge your criminal record with the court. The petition can be downloaded from www.formsworkflow.com or you can get one from your local law library.
- The original petition must be sent to the clerks office along with the certified COE. Copies should be sent to the assigned Judge (call your clerk of court to get this info), SA and Arresting Agency (AA). You will then want to contact your Judge's JA (secretary) and schedule a hearing or I believe this can also be done with the clerk of court. Each case is different and depends on the Judge if he/she wants to schedule a hearing. If a hearing is scheduled, I recommend buying a ticket (if you live outside of FL) to attend the hearing. This looks good on your part and will probably help in receiving the expungement. I would go prepared to explain to the Judge why you are looking to getting your record expunged. Also, thrive on the positives in your life (holding down a good job, education currently being sought, etc). Also go with a positive attitude and a wonderful personality.
- Once this is done, the clerk of court will submit the court order to the AA, SA and FBI for your record to be expunged.
- Alot of people aren't aware that your records can be sold to 3rd parties (LexisNexis, Accurint, Choicepoint and others) which can still possibly have a record recorded. I would recommend researching on how to get this removed as well. You can seek the assistance of an attorney or do it on your own. I am currently trying to research those steps as well.
I know this is a lengthy process that can take anywhere from 6 - 9 months, but I think it will be worth your while. This way you don't have to worry about background checks from prospective employers, rental agencies, student and bank loans, etc. By law, you can deny having a criminal record.
Hope this helps and anyone can feel free to correct me if I missed anything.
Wiki User
∙ 12y ago
Wiki User
∙ 10y agoA DWI usually cannot be expunged off your record in Florida. The only way to do this is to prove you weren't under the influence and that the verdict was wrong.
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How does one expunge a DWI off your record?
Getting a DWI expunged from one's record can be a difficult process but it is possible with some exceptions. One must first live in a state where it is possible to expunge a DWI from their record and determine if they are eligible. One must then fill out an application for the courts to review and pay any fees associated. The decision will then either be made by a judge or through a public hearing.
What U.S. Presidents had at least one criminal conviction before entering offices?
George W. Bush had a DWI conviction.
Can you expunge a domestic violence conviction in Ohio?
In theory, any criminal conviction can be expunged. Actually doing it is something else again. Courts are generally reluctant to expunge any record unless there is a clear showing that the original conviction was unjust, or a long period of good conduct has passed with no further criminal actions recorded. The more serious the violation/conviction, the longer one has to show good conduct and the more reluctant a court will be to expunge a conviction. Domestic violence is a serious offense, and courts are very reluctant to expunge these for any reason.
Can a felony dwi be dropped?
The state can drop any charge against someone if they feel they can not get a conviction. But one convicted, the conviction never drops off your record.
How does one expunge a conviction for felony fleeing to elude in KS?
There are several factors which must be considered to determine whether a conviction can be expunged. The date of conviction and the county are important. You should consult an attorney for legal advise and assistance.
What is an easy way to define expunge?
The definition of expunge is to strike out, obliterate, or mark for deletion or to efface completely destroy and to eliminate (as a memory) from one's consciousness. That is few definitions one can use the term expunge.
Where can one find DWI Lawyers in California?
DWI Layers in California can be find directly from the DWI website or in towns such as; Alameda, Alpine and Colusa. There are also many more towns that the DWI Layers offers their service.
Can you purchase a gun with a DWI felony over 12 years ago?
DWI is a felony under state law, not federal. You would have to apply for relief of disability with your state, which may approve or deny it. Without that, however, you, as a felon, cannot legally own, possess, or be allowed access to firearms, ammunition, or ballistic vests.
How long does A DUIOWI conviction stays on your record?
A DUI gives you two records; one criminal and one on your driver's license. Your criminal record is permanent, it will stay there forever unless you have a judge remove it from your record (expunge it). It varies from state-to-state how long the record will stay on your driving history.
Can someone expunge their record if the have more than one charge?
You may apply to expunge only one offense at a time. Each offense will have to considered and ruled upon by the court as a separate matter.
How does one fight a county dwi?
The best way to argue against a DWI charge is by finding a great defense attorney to represent one's self in court. Attorneys are well-versed in the law and can help make a case against a DWI.
The Need For A DWI Lawyer?
DWI stand for Driving While Intoxicated. This refers to being arrested for operating a motor vehicle after you have had too much to drink; it has become a large problem all across the world that can have very real consequences. A DWI goes on your record and can keep you from getting some jobs -- it could even get you fired from the job that you have. On top of this, you can lose your driver's license, be given heavy fines, and have to spend some time in jail or on probation. This is not a tiny little offense; it can have large repercussion that will impact the rest of your life. You need to get a good DWI lawyer in order to make sure that the impact of having this on your record is as small as possible. A DWI lawyer is a person who fights on behalf of a person who has been accused of driving under the influence. They will go to court with this person to see that the punishment given out is not too severe or that a punishment is not given out unfairly. A DWI lawyer knows all of the intricacies of the law and can help you get through a DWI arrest as quickly and easily as possible. They make sure that all of your rights are upheld. In some cases, though this is not the norm, a DWI lawyer can get you off without a conviction. If the police have made a mistake in their case or caught you under some unfair pretenses, the DWI lawyer will be able to expose this and say that the whole trial cannot take place. You will walk away without a conviction or a criminal record. One example of this would be if a police officer gave you a beer and then asked you to drive him home; this is called Entrapment, where the police are causing someone to break the law in order to arrest them, and it is illegal. A DWI lawyer will be able to see any other instances like this and make the best use of them. In most cases, however, a DWI lawyer will just be fighting to make sure that you get off as lightly as possible. They will try to turn jail time into house arrest. They will try to get you to agree to probation to have the conviction taken off of your record.
