How Long Does It Take to Get a Record Expunged in Florida?
Filing an expungement petition can change the course of your life, since if granted, the relevant records will be physically destroyed with no way for anyone to access them except for certain government officials under limited circumstances. However, this process is by no means a simple one, nor is it one that proceeds as fast as you might like it to.
The answer to the question of how long it will take to get a record expunged in Florida will be different for every person who files this kind of petition. Every applicant has different circumstances that led to the creation of their criminal record and different factors affecting their petition for expungement. That said, a few things can prolong this process, all of which assistance from our skilled expungement attorneys at Leifert & Leifert can help you avoid.
Basic Steps in the Expungement Process
The first step to applying for expungement is completing an Application for Certificate of Eligibility and sending it to the State Attorney’s Office in the county where you were charged, along with various supporting evidence and documentation. It can take several weeks for the State Attorney’s Office to complete their portion of this Application and send it back to you by U.S. mail. Once you get the Application back, you will then need to send it to the Florida Department of Law Enforcement (FDLE). It may take them several months to process the Application, depending on their case backlog.
Once you receive a Certificate of Eligibility from the FDLE, you will submit both that Certificate and a completed Petition and Affidavit to Expunge or Seal to the Clerk of the Court in whatever county originally handled the charge, and then send copies of those documents back to the appropriate State Attorney’s Office. From this point, the process can either end with the court accepting your petition and expunging your record or contesting it and scheduling a hearing for you to present evidence in support of your petition.
What Can Cause Delays in Expungement Proceedings?
The expungement process can take several months from your initial filing to when you receive the final verdict from the court system, and potentially even longer if you have to file an appeal for a rejected petition. You will also likely experience delays if there are any problems with the documents you submit to state authorities, such as missing evidence, typographical errors, or failing to fill out the information in full.
Guidance from experienced legal counsel can be key to minimizing those kinds of mistakes, streamlining the process, and getting your record expunged as quickly as possible under your unique circumstances. Call Leifert & Leifert today to discuss your options with a member of our team.
