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Taking the Next Steps After an Expungement Petition Is Denied
Many court records, including arrests, are available for public viewing online. This means that anyone with an internet connection can find out if you have ever been arrested or have any criminal record if they know what county to look in. A criminal history can impact whether you can work in specific jobs, get approved for a lease, or even whether someone is willing to go on a date with you. Getting eligible records expunged from your criminal history can help you put the past behind you and move forward with your life. However, an expungement is not guaranteed. If you have attempted to have your criminal record expunged and received a notice that your petition was denied, it is essential to understand why expungements are denied and what alternative options you may have.
Understanding the Two-Phase Expungement Process
Requesting that a criminal record be expunged is a two-part process in Florida. First, you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement. The application asks for your name, contact information, and information related to your arrest, such as the date, charge, and arresting agency. You may also need to go through fingerprinting and pay the applicable fees. The Florida Department of Law Enforcement will review your application and decide whether to grant the Certificate of Eligibility. It is essential to understand that being granted this certificate does not mean that your record will be expunged. It is simply the first step in the process.
The second step is to submit your Certificate of Eligibility along with your expungement petition and other supporting documents to the court. The court will ensure that any relevant parties, such as the prosecutor, are served, and the judge will make a final decision on whether to grant the expungement. An expungement petition can be denied at either of these steps.
Common Reasons for Denial
Expungement petitions can be denied for a variety of reasons, ranging from an issue with the paperwork to the offense being ineligible. Below are some of the most common reasons for denial:
- The offense was ineligible for expungement. Serious offenses and many violent crimes are ineligible for expungement. These include everything from sexual misconduct and terrorism to aggravated assault and child abuse. Misdemeanor arrests are more likely to be expunged
- You received an adjudication of guilty. A criminal record that shows that you were adjudicated guilty is not eligible for expungement. This can also include some driving violations, such as reckless driving, DUI, and driving on a suspended license
- You already had a prior offense expunged. In Florida, you can generally only have one record sealed or expunged in your lifetime. This is one reason why it’s essential to work with an attorney before asking for an expungement to ensure you don’t have any other options before using up your one lifetime expungement
An expungement petition may also be denied if it is incomplete or has incorrect information on it. For example, a simple typo of the arrest date or the case number can result in a denial because the request does not match up to a criminal record.
Receiving and Understanding Your Expungement Denial Notice
It generally takes a minimum of 12 weeks for your application for a Certificate of Eligibility to be reviewed. If your application is denied at this step, you will receive a written notice from the Florida Department of Law Enforcement letting you know your application has been rejected. The notice should also contain the reason(s) for denial. If you received your Certificate of Eligibility but your petition was denied by the judge, you will receive an order that outlines the legal grounds for the denial.
Depending on at what step your petition was denied, your options and next steps may be different, so it is essential to review your notice thoroughly. It can help to go over it with an attorney who can explain what happened in layperson’s terms and let you know if you have any other options, such as appealing or resubmitting. Keep in mind that if you do not do anything after you receive the denial notice, your record will remain public.
Legal Options After an Expungement Petition Has Been Denied
If your petition was denied at the Certificate of Eligibility stage, you may be able to ask for a review of your case. In general, this is only an option when it is clear that an error was made when your application was reviewed initially. It can also be an option if your criminal record is incorrect. For example, if your record shows a conviction where the case was actually dismissed, it could result in an incorrect denial. You may need the help of an attorney to get your record corrected before you can apply for expungement.
You can also appeal the denial if you believe that either the Florida Department of Law Enforcement or the judge made an error when denying your petition. If you want to appeal, working with an attorney can ensure that you have grounds for your request and that you understand what the process entails.
If you are trying to move forward with your life, but your past keeps holding you back, getting your record expunged or sealed could help. Whether you are petitioning for an expungement for the first time or you have received a denial notice and do not know what to do next, the attorneys at The Defense Group are here to help. Contact our Orlando criminal defense attorneys at 407-743-8430 to learn more about your options.
