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Eligibility criteria to receive an expungement

To be eligible to receive an expungement in Florida, the applicant must:

1.

Never have been adjudicated guilty of a criminal offense or comparable ordinance violation, or been adjudicated delinquent for committing any felony or a misdemeanor specified in s. 943.051(3)(b);

2.

Never been adjudicated guilty of, or adjudicated delinquent for committing, any of the acts stemming from the arrest or alleged criminal activity to which the petition pertains;

3.

Have had their charge(s) dropped or dismissed by the state attorney, statewide prosecutor, or by a court of competent jurisdiction, and not had any of charges related to the arrest or alleged criminal activity to which the petition to expunge pertains result in a trial;

4.

Never have secured a prior sealing or expunction of a criminal history record in Florida or from any jurisdiction outside the state, unless expunction is sought of a criminal history record previously sealed for 10 years and the record is otherwise eligible for expunction.

5.

Be eligible for such an expunction to the best of his or her knowledge or belief and must not have any other petition to expunge or any petition to seal pending before any court.

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