The next thing
needed to be done is to run a background check on yourself through
the Florida Department of Law Enforcement [FDLE] to see if you
qualify. But before you do that ask yourself these
questions:
1. Have I ever been adjudicated "delinquent"
of a crime as a juvenile?
2. Have I ever been adjudicated "guilty" of a
crime as an adult?
3. If I pled guilty or no contest for the arrest
I want sealed or expunged did the judge adjudicate me "guilty" or
"delinquent" of any charge against me?
4. Have I ever sealed or expunged a prior arrest
record anywhere before today?
(Many people are confused about what it means to be
adjudicated guilty. Just because you pled "guilty" or
were "found" to be guilty does not mean you were adjudicated
guilty. A judge must adjudicate you guilty or "withhold"
adjudication when he/she sentences you. If you are confused
you can check with the clerks office in the courthouse where your
case was handled or run a background check on yourself.
Please read on.)
If you answered "no"
to all of those questions you probably can seal or expunge your
record. If you answered "yes" to any of those questions then
call us at (407) 312-7971. For those who answered "no" to all the
questions and are positive of your answers go to Step Three.
If you are not
sure then run a background check on yourself through
FDLE. It costs $23 and can be found by going to the Background Check page and click on Search
Now. Choose to have the results emailed to you if possible
and then fax them to (407) 359-6751 (please use a cover
page). This will allow us to evaluate your chances of
successfully sealing or expunging your record.
If you would like our Office to check to see if you
qualify we can do that. We charge a flat fee of $75 to
determine your qualification to receive a Certificate of
Eligibility from FDLE. Results usually
take 2-3 weeks and you will be notified in writing.
Evaluation
(optional): We will evaluate your situation in advance
for a fee of $75 to determine if you qualify. This procedure
may not be necessary if you are sure of the circumstances regarding
your arrest record. If you are not sure the $75 spent may
save you hundreds of dollars in attorney fees and the $75 FDLE
fee.
Legal Fees and
Costs: We will explain all fees and costs to you in
person or over the phone if requested. Total out of pocket
cost to you runs between $700 - 800 but we do not ask for that
amount all up front. If you have a question about a legal fee
or cost please contact us immediately or ask before hiring
us. Step Four requires the
receipt of the current initial legal fee payment of $325.
As a courtesy to you and in
fairness we bifurcate (split) our fees so that you can better
afford this service. Since the sealing or expunging of a
record takes at least six months we spread the costs over
time and notice you when the next amount is due. When you
receive our notice you pay us when you can - there is no rush
except the rush you have in getting this done. The only time
constraint is that the Certificate of Eligibility is dated and may
not be accepted by the court after several months have
passed. Once you receive our notice with a copy of the
Certificate of Eligibility we have approximately 6 months to finish
up.
LEGAL FEE: Our initial legal fee is
$325 to get started. This initial legal fee is a
non-refundable fee. After the Certificate of
Eligibility is received then the final payment of legal
fees is required to petition the court ($325). If the
Florida Department of Law Enforcement denies the issuance of a
Certificate of Eligibility then we will explain the reasons why and
your options and not ask for the second legal fee payment.
Note: I will ask you specific questions prior to you hiring our
office to determine whether or not you qualify for a Certificate of
Eligibility.
Upon
receipt of the initial legal fee and the information
submitted we will begin the process of sealing (arrest
resulting in a withholding of the adjudication of guilt) or
expunging (arrest that results in the charges being dropped or
dismissed) your arrest history record.
If
you already have your Certificate of Eligibility and want to
hire us to finish the process of petitioning the court, our legal
fee is a flat $325. All other costs still
apply.
FDLE FEE: This is the processing fee
charged by the Florida Department of Law Enforcement (FDLE).
It is required and is needed when paperwork is ready to be filed
requesting a Certificate of Eligibility. The fee is
$75 and must be in money order form (made out to FDLE). We
will notify you when this fee is needed.
FILING FEE OR CLERK OF COURT FEE: A filing
fee is needed when filing the Petition with the Court. A
filing fee is typically in lieu of other Clerk of Court Fees
however this depends upon the county in which the Petition is
filed. The Clerk of Court Fee is needed after the Judge
grants the Order sealing or expunging your record. The Order
must be sent to specific law enforcement agencies via certified
mail. This fee pays for the Clerk of Court (either in the
form of a filing fee or cost) to mail your Order to the agencies
that it effects. There is a statutory fee of $37.50.
Additionally, many counties will also charge for the number of
copies and certification costs. The Article V revision to the
Florida Constitution that took effect on July 1, 2004 has impacted
on these costs. We can expect higher court costs across all
counties of Florida.
MILEAGE: Mileage is only charged if a hearing
is necessary outside of Orange, Osceola, or Seminole
Counties. The rate is typically $0.49 per mile. You
will be notified in advance of any necessary mileage expense.
Most cases do not entail mileage expenses. However, certain
counties require a hearing as a pro forma matter. Dade,
Hillsborough, and Martin counties are examples of this.
Calculation of mileage is done by use of Mapquest and
calculating roundtrip from our office to the courthouse in which
the hearing is to occur.
NOTE: Certain counties have set mileage fees
that are not based on MapQuest. Hillsborough $110.00;
Miami-Dade $375.00; Broward $350; Palm Beach County is
$300.00. All Panhandle counties are $750-1,000 depending on
county. Monroe County (Key West) is
$500.00.
TIMETABLE OF FEES
This is
to show that you do not need all the money up front. The fees
are paid as the process moves along. If you cannot
immediately pay for the next step, no problem, we can wait for you
and do the work at your speed.
| Type
of Fee | Amount | Date
Usually Due |
| First Legal Fee
Payment | $325 | Day 1 (getting
started) |
| FDLE Fee | $75 | Day 10+ (we mail you
notice when fee due) |
| Second Legal Fee
Payment | $325 | Day 60 - 90 (we mail
you notice when fee due) |
| Filing fee (in lieu of
Clerk Fee) | $37.50 - 90.00 | (When Petition filed -
see below) Not applicable for all counties |
| Mileage
(if required) | varies | Day 130
until date of hearing |
| Clerk Fee | $37.50 - 90.00 | Last day (Not applicable for all counties) |
| TOTALS | $700-$800
(+/-) | (does not include mileage) |
Filing Fees vary from county to county. Not all
counties require a filing fee but if they do it is needed at the
time of the filing of the petition. Sometimes these fees take
the place of the Clerk of Court Fee. We will notify you if
your county requires a filing fee.
Mileage is only necessary if a hearing is
required. The vast majority of cases do not require a
hearing.
PAYMENTS can be made by money order, cash, or
credit card. If paying by credit card please call our Office - Alex can take the information
over the phone. Please do not send credit card information
via email.
ADDITIONAL HEARINGS
Sometimes a seal or expunge case requires additional
hearings in order to complete the client's request. This can
be for the following reasons: To determine if two arrests are
related; to determine if the client is eligible for relief; to
challenge FDLE's denial of the certificate of eligibility.
These are some but no all of the possible additional hearings that
may come up. It is important to understand that, although
these hearings are rare, they have an additional legal fee that
must be paid prior to setting the hearing. The legal fees
vary from $500-$1000 for these hearings depending on the complexity
of the issue. Additionally, there may be costs involved that
will also have to be paid. These fees are outside the scope
of the agreement to seal or expunge a client's criminal history
record because they are rare and unpredictable.
These fees are for the entire arrest - not the number of counts
or charges for which you were arrested. For example, if you
were arrested for the single count of possessing less than 20 grams
of cannabis (pot) the fees and costs would be exactly the same if
you were arrested for multiple counts of (1) possessing less than
20 grams of cannabis and (2) possessing drug paraphernalia
(pipe). One arrest, one fee.
