Do I Need a Lawyer To Expunge My Record in Florida?
If you were charged with a criminal offense but later had those charges dropped or otherwise dismissed without a formal Court verdict, you may be eligible to apply for the expungement of those records. If your petition is successful, all records kept by the Florida Department of Law Enforcement (FDLE) and other related government bodies will be permanently destroyed, making them inaccessible to background checks and most other inquiries.
With a proceeding as significant as this, you will almost always be better off with a skilled Attorney guiding you through the legal process. Still, it is understandable to have questions about whether you really need a Lawyer to expunge your criminal record in Florida. Read on for an overview of what State law has to say on this matter and what benefits an Attorney from Leifert & Leifert could provide you.
Are Lawyers Legally Required for Expungement Petitions?
For certain types of legal disputes, Florida State law requires the people involved to hire a Lawyer before they are allowed to participate in the dispute. For example, if you tried to draft a divorce agreement without both you and your spouse having separate Attorneys, a Court would likely throw the agreement out and either set terms without your input or make you write a new one following proper procedures.
When it comes to expungement, though, there is no legal requirement to get help from a legal professional at any point in the process. However, just because you do not need to hire a Lawyer to expunge a criminal record does not mean you will not want one to help you through your petition.
How Legal Representation Could Help With an Expungement Case
To start, legal counsel could walk you through the process of filling out an Application for Certification of Eligibility and submitting it to the FDLE. Because even a single typo could lead to delays of months or longer, this assistance could be much more impactful than you might expect.
A Florida Attorney could also play a vital role in collecting, preserving, and properly filing the various documents you will need to include with your expungement petition, including official government records of your charges. Once you have received a Certificate of Eligibility from the FDLE, you will need to complete and submit a Petition and Affidavit to Expunge or Seal with the appropriate Court for your charge, which may not be the county or city where you currently live.
After these procedural steps are complete, the difficult part begins—arguing against the State Attorney’s Office during a Court hearing that you meet all the criteria for expungement. Legal representation could be key to this final stage going smoothly, as well as the State Attorney’s Office taking you and your petition seriously.
Contact a Florida Expungement Attorney Today
Getting a criminal record expunged in Florida can be a deceptively complicated and labor-intensive process, and support from skilled legal counsel could be essential to achieving the best possible result for you. Call Leifert & Leifert today to discuss your options and let our experienced expungement Attorneys fight on your behalf.
