Expungement Filing in Orlando
Orlando is the county seat of Orange County. The Orlando Police Department serves the city. Arrest records of the Orlando Police Department can be requested online. However, records related to criminal charges must be sought in the Orange County Courthouse. Orlando is in the Ninth Judicial District of Florida. If you are considering expungement filing in Orlando, you should retain legal representation during this process. The Orlando expungement lawyers at Hanlon Law may be able to help.Expungement Filing in Orlando
There are several types of expungement that you may be able to obtain. The most commonly sought is court-ordered expungement under Florida Statutes section 943.0585. If you obtain an expungement, your criminal record will be destroyed, and only a confidential copy will be retained with the Florida Department of Law Enforcement (FDLE). You can lawfully deny or fail to acknowledge your criminal record in most situations. The record will not appear on criminal background checks.
Court-ordered expungement provides significant relief, but not everyone meets the eligibility criteria. You can obtain a court-ordered expungement only once, which means that you cannot have received a prior court-ordered expungement or record-sealing. You will also need to apply to the FDLE for a certificate of eligibility for expungement.
The FDLE should issue a certificate of eligibility if you satisfy the eligibility criteria, you have submitted a written certified statement from the proper statewide prosecutor or state attorney that confirms that your criminal record complies with the appropriate criteria, you have submitted to the FDLE a certified copy of the disposition of the charge to which the petition to expunge pertains, and you have remitted a $75 processing fee to the FDLE for placement in the Department of Law Enforcement Operating Trust Fund (or gotten a waiver).
Your certificate of eligibility will stay valid for 12 months after the date stamped on it. If you do not use the certificate within that 12-month period, you will need to reapply to the FDLE for a new certificate of eligibility.The Petition to Expunge
Your petition to expunge a criminal record needs to be accompanied by a valid certificate of eligibility and your sworn statement that you satisfy the eligibility requirements for expungement, and you are eligible for expungement to the best of your knowledge and do not have a different pending petition to expunge or seal before any court. The gravity of the sworn statement is immense. If you knowingly provide false information on the sworn statement, you can be charged with a third-degree felony.
If you file a legally sufficient petition to expunge, you are entitled to a hearing before the trial court to decide whether your request should be granted. Section 943.0585 provides that a request for expungement can be denied at the court’s discretion, which is one reason why it is important to obtain legal representation from a seasoned criminal defense attorney when seeking an expungement. However, the court’s discretion is not wholly unfettered. At the hearing, the trial court is supposed to look at all the circumstances and facts of the case at issue. It should not summarily deny your petition based only on the nature of the crime.Other Forms of Expungement
Although most people file for court-ordered expungement, there are other forms of expungement that may be applicable to your situation. Other types of expungement include administrative expungement [link to administrative expungement in Orlando page], lawful self-defense expungement, human trafficking expungement, early juvenile expungement, and juvenile diversion expungement. Each of these involves different eligibility criteria and different steps. We can go through each form of expungement with you and advise you on whether you may be eligible.Retain a Knowledgeable Orlando Attorney
Court-ordered expungement usually takes 5-7 months. If you are interested in expungement filing in Orlando, you should talk to the criminal lawyers at Hanlon Law about your situation. Our attorneys have obtained expungements for thousands of criminal records across the state, and we can guide you through the process. Call us at 813.228.7095 or contact us through our online form.