Felony Expungement – FAQS

Just to answer some commonly asked questions about expunging a felony in Florida:

1. No, felony cases are not treated differently than misdemeanor cases under Florida expungement laws.

2. No, just because you have a felony arrest, does not mean you are automatically disqualified from sealing or expunging your record.

3. No, there are not separate felony expungement laws.

Does that help a little? In Florida, record expungement is government by statute, and the statutes do not separate misdemeanor from felony crimes. What matters is if you have been convicted. Any criminal conviction – traffic, misdemeanor, or felony – will prevent you from sealing or expunging your record in Florida.

That said, the statutes do contain a list of crimes that are “ineligible” to be sealed. In order to seal a record, you must have a received a withheld adjudication, along with meeting other eligibility requirements. With the ineligible offenses, however, you cannot seal even if adjudication was withheld in your case. These offenses are typically felonies. I will post the actual list in a later blog entry. Keep in mind though, that this list of ineligible offenses only pertains to record sealing, not record expungement.

To learn more about felony expungement, you can read this article: Felony Expungement

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