The process of sealing or expunging a criminal record is time-consuming and usually takes between 3-6 months.  Expunging a case takes a little bit longer than sealing a case because there is an extra step involved in the expungement process. 

It is important to note that the 3-6 months estimate is just that... an estimate.  There are a number of factors that can affect the time involved in sealing or expunging a criminal case. 

• The County Factor:  The most significant single variable is the county in which your case is located.  Unfortunately, some counties process sealings and expungements much slower than other counties.  This can make a huge difference in the time involved in sealing or expunging your case.  For example, expunging a criminal record in Palm Beach county can take 4-6 months longer than expunging a similar case in Miami-Dade county.
  

• The Florida Department of Law Enforcement (FDLE) Factor:  To file a petition to seal or expunge in court, a person must first obtain an official FDLE certificate of eligibility.  This usually takes between 6-12 weeks and depends on how many applications FDLE is processing at the time. 
  

• The Human Error Factor:  It is not uncommon for us to get calls from people who have been trying (unsuccessfully) to seal or expunge a criminal record for 12 months or more!  This is typically due to human error on the part of the applicant.  However, it is also possible for someone at FDLE or a county clerk's office to make a mistake.  Don't let your application and/or petition get denied due to avoidable human error!

We Can Help

The experienced attorneys at Pensky & Kim have personally handled hundreds of sealings and expungements throughout Florida.  We know that time is important.  We will do everything possible to make sure, not just that your application is prepared correctly, but also that it is processed as quickly as possible.