When can you not get an expungement?
An expungement is a deletion of all record all of a criminal offense. If a court orders an expungement, they’re directing the state attorney’s office, the clerk of the court, the jail, and any law enforcement entity that came into contact with you and may have created a file to erase that file. That being said, unfortunately in our Patriot Act era, the truth is there’s always going to be some record somewhere of your offense, probably at the Federal level. If you need security clearance or you want to be a lawyer, a teacher, a pharmacist, or other certain qualified professions, you may never truly have it expunged in the truest sense.
Expungements for Misdemeanors and felonies
Unfortunately a felony or misdemeanor conviction, can’t be expunged. The number one basis to deny an expungement is a conviction, because it is a prerequisite, to expunge your case, that the case be dismissed. The only real opportunity that you might have is to get a pardon, but a pardon has to be done through the governor’s office, so they’re very few and far between and incredibly difficult to come by. A felony conviction and an expungement unfortunately just don’t go well.
Additional Reasons for expungment denial
Expungements are not automatic, they can be denied in Florida. There are certain preconditions for expungements. For example, perhaps the case you want to expunge off of your record was dismissed, which is one of the prerequisites for expungement, but you have a prior conviction on some other offense. That prior conviction absolutely will exclude the opportunity to have this record expunged. There are other considerations and concerns as well. It would be smart to consult with a lawyer, have them review not only the procedure of this case, but your entire criminal history to determine whether or not you qualify.