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Factors That May Cause Additional Delays In Sealing Or Expunging Your Record

These days, the normal time period in which to expect the completion of your record sealing or expungement is about 6-8 months.

However, you can expect 6-8 months only if your sealing or expungement application is relatively uncomplicated. That means that the arrest you are sealing or expunging is your only arrest and that you were not placed on probation for that offense.

If you have multiple arrests, you may seal or expunge any one of those arrests provided the charge is eligible to be sealed (if sealing) and you have no convictions (adjudications) on your record of any kind.

However, if you have multiple arrests and have decided to seal or expunge one of those (I recommend the most serious charge), bear in mind that FDLE (Florida Department of Law Enforcement) may take longer than usual as they must go through your entire criminal history to determine if any of those arrests resulted in a conviction.

If you have been placed on probation for a charge that you are sealing, FDLE will have to verify that you have completed your probation and that if you had any probation violations, none of those resulted in a revocation of your probation and the imposition of a conviction.

Sometimes, FDLE will need to verify out-of-state records to make sure an adjudication was not imposed. FDLE puts the burden on the applicant to prove that the arrest in question did not result in a conviction. Your expungement lawyer may get a letter from FDLE requesting additional documentation. This documentation must be located, ordered, and provided to FDLE at your own expense. This will certainly slow down your processing time as well.

Be candid with your Florida expungement attorney regarding your prior arrest record. Even being issued a promise to appear (PTA) counts as an arrest.

Eric Matheny assists his clients with the sealing or expungement of their criminal records in every Florida county.