Expungement

What is expungement?

Expungement, also called expunction, is a process to remove criminal history from your criminal record. When something is removed from your criminal record through this process, you can say it was “expunged” from your record. One type of expungement in Florida is expungement for survivors of human trafficking.

Why would I want to get my record expunged? / What can this help with?

When you have a criminal record, it can be hard to get a job, find a place to live, even go to school or volunteer. Friends and family might judge you for having a criminal record, or you might feel embarrassed about it. Having a criminal record can also make it so you are unable to vote. If you were not born in the U.S., having a criminal record can affect your immigration status. Getting your record expunged can open up opportunities for you and can help you to not feel embarrassed about things that happened in your past. Expungement will also get rid of any fines, probation, or other penalties that came from the conviction(s) being taken off your record.

What offenses in my criminal record might qualify for expungement (removal from my criminal record)?

If you got arrested or charged for committing a crime while you were a victim of human trafficking and you committed the crime as part of the human trafficking situation you were in or because your trafficker told you to do it, you might qualify for expungement under Florida’s human trafficking expungement law.

What kinds of crimes cannot be removed from my criminal record under this law?

Florida’s Human Trafficking expungement law does not apply to the following offenses: Arson; Sexual battery; Robbery; Kidnapping; Aggravated child abuse; Aggravated abuse of an elderly person or disabled adult; Aggravated assault with a deadly weapon; Murder; Manslaughter; Aggravated manslaughter of an elderly person or disabled adult; Aggravated manslaughter of a child; Unlawful throwing, placing, or discharging of a destructive device or bomb; Armed burglary; Aggravated battery; or Aggravated stalking.

How can I get something related to my trafficking situation removed from my criminal record?

You can ask the court for expungement by filing something called a petition with the court. You can talk to an attorney to help you do this. If you are seeking expungement under Florida’s human trafficking expungement law, you can contact Justice Restoration Center by calling (727)940-2282 or going online to https://www.jrcenter.org/contact.

Do I have to have proof I was a victim of human trafficking?

It will help your case if you have official documentation that you were a victim of human trafficking, but if this documentation does not exist, it is not required. Some examples of official documentation are a police report, an arrest record that shows some indication of human trafficking, or a letter from the FBI or a prosecutor. Even a letter from an agency serving human trafficking providers might be able to work as official documentation. If you don’t have official documentation, you may have to talk to a prosecutor. If you do not have this kind of documentation, you can still ask the court for expungement.

Do I need to go to court in person to get my record expunged with this law?

No. You, the survivor, do not have to go to court at all. Your attorney (and you, if you want to) can appear at any hearing for expungement under the Human Trafficking expungement law by phone, video conference, or other electronic means.

After my record is expunged through the Florida human trafficking expungement law, do I still have to disclose that I was arrested when I am applying for jobs, etc.?

No. After your record is expunged through the human trafficking expungement law, you only have to disclose the arrest if you are applying for a job in law enforcement or if you are a defendant in a future criminal case. Note: This is different from the other kinds of expungement. You can talk to an attorney about your specific case and situation.

Note: If you have charges that were not expunged, you likely will have to disclose those charges.

Is the human trafficking expungement law different from the juvenile expungement law or standard expungement law in Florida?

Yes. The human trafficking expungement law is very different from other expungement laws in Florida. It is important not to take what someone says about juvenile expungement or standard expungement and apply it to your own situation if you are going through the human trafficking expungement process. You can talk to an attorney if you have questions about your specific situation.

FosterPower provides information on the benefits, protections, and legal rights of children in Florida’s foster care system and does not include opinions. FosterPower is a non-partisan and independent project that is not affiliated with a government agency or organization. FosterPower is updated frequently, but you should always verify the law independently to ensure it is current.