Legal Question in Criminal Law in Florida

How to I go about getting my record expunged in the state of Florida? I've researched and saw that you have to send in a petition for the expungment to see if you're eligible but after that, it's not clear what are the next steps you have to take to get it expunged completely. Do I have to get a lawyer? Do I have to go to court or can this all be handled out of court? If it helps, I was arrested for grand theft, I did the pre-trial intervention program and completed it successfully but I do not want an arrest record. Please help!

Thank you.


Asked on 12/09/10, 10:23 am

1 Answer from Attorneys

Nicholas Dorsten Blake & Dorsten, P.A.

Hi Kiya,

It sounds like you would qualify to get your record expunged. There are several things you will need to do. While you do not need an attorney, hiring a lawyer is still recommended as they will know what forms you need to fill out and what to expect.

Long story short, you will need to have filled out the application for sealing/expungement (your lawyer will have one for you or you may be able to find it online), a certified check to the Florida dept of law enforcement ($75.00), a filled out fingerprint card (yours) and the certified J & S (jdment and sentence) or proof that pti was completed. You then mail it off to the state capital, wait to see if you are approved and if you are you will then need to send another check to your county. Once that goes through you or your lawyer may have to go in front of the judge once more.

Good luck and if you have any questions, hire a local criminal defense lawyer or feel free to give me a call and I'll be happy to answer them.


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Answered on 12/14/10, 11:33 am

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