How Much Does It Cost to Get a Record Expunged in Florida?

Thanks to recent changes to Florida state law, more people have the right to apply for certain records related to previous arrests, criminal charges, and some court verdicts to be either sealed from public view or permanently destroyed. Record sealing and expungement can be important to your long-term interests. How much it costs to get a record expunged in Florida depends on when you submit your initial expungement petition, what court has jurisdiction over your case, and what kind of legal support you require to help you through the process. An experienced Attorney at Leifert & Leifert can review the specifics of your case and determine your eligibility. Here is a broad overview of the various costs, fees, and charges you may face during an expungement petition.

Court Costs and Fees for Expungement

To apply with a court to have any part of your criminal record sealed or expunged, you will typically need to pay court costs of around $42, although these costs are subject to change depending on the court and when you file your petition. You will likely also need to pay a $75 fee to the Florida Department of Law Enforcement to process your petition and take the steps necessary for expungement.

As part of the process, you may need to make and mail out certified copies of legal documents related to the records you want to have expunged. This can incur additional costs for document printing, copying, mailing, notarizing, or initial retrieval from government-run systems. You can expect to pay between $120 and $250 for all these processing fees during your expungement case. Leifert & Leifert will handle this process for you to ensure that the correct documents are submitted to support your application for expungement.

How Much Does an Expungement Attorney Cost?

Every Attorney handling expungement cases will have their own pricing structure and terms, but many charge a flat-rate fee for this service instead of charging by the hour. Depending on the complexity of your case, the Attorney’s experience, and what kind of caseload a particular Attorney prefers to take on, the fee for assistance with an expungement application will vary.

Some Lawyers also include court costs and fees, such as the ones mentioned above, as part of the flat rate they charge for expungement services. Rather than having to handle those fees yourself, you can just pay an Attorney once, and they will take over for you from there. You can also purchase other services related to criminal record sealing and expungement from your Lawyer after the initial petition concludes, for example, additional work with removing your record from privately operated background check services.

What Are the Requirements for Expungement?

To qualify for expungement in Florida, you must meet certain criteria, including case disposition. This legal term means that your case must have been dismissed, dropped, deemed nolle prosequi by prosecution before trial, or you were acquitted.

You must also have no prior convictions for any misdemeanor or felony criminal offense. You would be found ineligible if you secured a prior sealing or expungement in Florida and if you are currently under court-ordered supervision or in a diversion program. However, many offenses, such as sexual misconduct, child abuse, or luring a child, are not eligible for expungement.

How Long Does Expungement Take?

Expungement in Florida typically takes between five and nine months, although it could take up to a year, depending on the county and case complexity. The process’s timeline may be altered based on the following factors:

FDLE Processing: The Florida Department of Law Enforcement (FDLE) often takes three to six months to process the initial Certificate of Eligibility.
County Backlogs: Counties like Palm Beach are known to have slower processing times, exceeding six months in some instances.
Case Complexity: Misdemeanors and simple dismissals are typically processed faster than more complex felony cases.
Accuracy: Errors in the application, such as missing fingerprints or incorrect court documents, could result in significant delays.

What Are the Advantages of Expunging Your Record?

Having your criminal record expunged could remove legal, social, and employment barriers while providing you with peace of mind. If you believe your past mistakes no longer define your future, the often expensive and lengthy application process is worth the effort. You could realize a number of benefits, including:

Employment: Many employers conduct background checks, and a clean record significantly improves your chance of getting hired and promoted.
Housing: Landlords frequently screen renters for criminal histories, and an expunged record helps secure application approval.
Professional Licensing: Having an expunged criminal record can help you obtain or retain professional licenses and certifications.
Higher Education: Expungement improves your chances of admission and financial aid at colleges that review applicants’ criminal history information.
Social Standing: An expunged record reduces the stigma attached to past mistakes, restoring personal reputation.
Firearm Ownership: A restored record could prevent ownership denials during firearm background checks.

How Do I Submit an Application for Expungement?

The application process to get a record expunged in Florida consists of several steps, including:

Obtain a Certificate of Eligibility by filling out Section A of the FDLE application.
Have the application signed by a notary or deputy clerk.
Get fingerprinted by authorized law enforcement or a criminal justice agency.
Obtain a certified copy of the final disposition from the court clerk where the case occurred.
Pay the required fee to the FDLE with either a money order or cashier’s check.
Once you receive your certificate, file a petition with the court of record to obtain a final court order.

The Attorneys at Leifert & Leifert will take care of all of these tasks for you, except for the need to be fingerprinted. That must be done by the applicant, but we will tell you where and how to accomplish this task.

What Are the Different Types of Criminal Record Expungement?

In Florida, there are four primary types of criminal record expungements. The standard process for cases that were dismissed or dropped is referred to as a court-ordered expungement, while administrative expungement is reserved specifically for cases involving an arrest made contrary to law or by mistake.

Juvenile diversion expungement is intended for minor individuals who have successfully completed a diversion program for the offense. Self-defense may also make you eligible to get your record expunged, if a state attorney prosecutor certifies that you acted with a lawful use of force.

Reach Out to Discuss How Much It Costs to Get Your Record Expunged

You may be concerned about how much it could cost to get a record expunged in Florida. However, getting help from a skilled legal professional will ensure your expungement petition goes as smoothly as possible, giving you the best chance possible of securing a favorable final result. Call Leifert & Leifert today to learn what our Attorneys can do for you.