How Long Does It Take to Expunge a Record in Florida?

The first step to clearing your criminal record in Florida is understanding the process and timeline for expungement.

Florida expungement process can be complicated and may take up to 7 months if you handle it on your own. This process involves checking your eligibility, submitting an application to the Florida Department of Law Enforcement (FDLE), managing various documents, and dealing with unexpected fees. However, if you work with a lawyer, this time frame can potentially be reduced to just 3-5 months

On average, an expungement in Florida takes 5-7 months

Fortunately, Erase the Case is the State’s fastest expungement law firm, with an expungement or seal process that typically takes 90 days. This allows eligible people to get their Florida criminal record sealed or expunged with no problems and peace of mind. What’s more? The amount of time it takes to complete your expungement also depends on how well you know the expungement process. Therefore, it is suggested that you clearly understand how to apply for expungement in Florida before proceeding to the next steps.

How Long Does It Take To Expunge a Record in Florida

The average time to get a record sealed or expunged could be up to 5-7 months, even if you follow all the processes stated in the Florida Administrative Code. However, Erase The Case claims to be the fastest expungement firm that can expunge your record in just 3-5 months.

In this guide, we break down each phase of the Florida expungement timeline to help you better understand what to expect, whether you’re starting the process yourself or with the assistance of an attorney.

Phase 1: Eligibility Assessment and Application Preparation ( 2 minutes)

The first and most crucial step is determining whether you qualify for expungement under Florida law. Florida Statutes 943.0585 governs the eligibility requirements. Generally, expungement is available only if:

• You have never been adjudicated guilty of a criminal offense in Florida or any other jurisdiction.
• The case you wish to expunge was dismissed, dropped, resulted in an acquittal, or was otherwise resolved without a conviction.

The fastest way to check your eligibility is by taking 2 minutes to fill out our Free Assessment Test

Phase 2: Application for Certificate of Eligibility from FDLE (2-4 Months)

Once you have gathered the necessary documents, you must submit an application to the Florida Department of Law Enforcement (FDLE) to obtain a Certificate of Eligibility. This certificate is mandatory before you can petition the court.

Documents Required:

• Completed the FDLE application form.
• $75 non-refundable processing fee.
• Fingerprint card.
• Certified disposition and, if applicable, State Attorney’s certification.

Timeline: FDLE typically takes 2 to 4 months to process and issue the Certificate of Eligibility. The duration depends on their current backlog and whether your application is complete and accurate.

💡Pro Tip: Submitting a well-prepared and organized application can significantly reduce the risk of delays

Phase 3: Filing the Petition with the Court (1-2 Months)

Once you receive the Certificate of Eligibility, the next step is to file a petition for expungement in the court where the original case was handled.

Filing Requirements:

• Original Petition for Expungement.
• Certificate of Eligibility.
• Sworn affidavit of eligibility.
• Proposed order for the judge’s signature.

What Happens Next:

• The petition is served on the State Attorney, who may object.
• If there is no objection, the court may grant the petition without a hearing.
• If an objection is raised, the court will schedule a hearing. This may extend the timeline by several weeks.

Estimated Time: 4 to 8 weeks, depending on court schedules and whether a hearing is required

Phase 4: Implementation of Court Order (Up to 60 Days)

After the court signs the expungement order, the Clerk of Court distributes certified copies to all relevant agencies, including law enforcement, FDLE, and any other criminal justice agencies that have your records.

Under Florida law, these agencies have up to 60 days to comply with the court’s order and remove or seal your criminal records from public view.

Factors That Can Affect the Timeline

Several external and procedural factors can influence how long the expungement process takes:

• Type of Relief: Expungement generally takes longer than sealing because it requires State Attorney certification.
• Completeness of Application: Any omissions or errors in your paperwork can result in delays.
• Agency Backlogs: FDLE and court workloads can vary throughout the year.
• Legal Representation: Working with an attorney ensures the process moves smoothly and minimizes errors.

Hiring the Right People for the Job

Not everyone can seal their criminal record, though, so it’s best for people to hire expungement lawyers near me to address the whole process for them and tell them what the requirements to seal or expunge their arrest record are according to Florida law.

We are Erase the Case, and we focus 100% on expunging and sealing arrest records, so you can rely on us if you want to prevent your future bosses or others from seeing what you did in the past.

Related article: 5 Benefits of Getting Records Expunged in Florida

Expunging Your Record Faster with Erase the Case

If you hire a lawyer who is semi-experienced and knows about the court system, you can get your file expunged in six to nine months, because after all, this is not their priority. But with Erase the Case, you get the fastest expungement results in the State of Florida, averaging only 90 days from beginning to end.

Erase the case is always available to take your case and get you the expungement you need. Don’t hesitate to contact us! We are ready to address your situation in the best way possible.

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📞 Phone number: +1 866-372-7335

📩 Email: [email protected]

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