A criminal record can quietly follow you for years, closing doors to jobs, housing, and opportunities you have worked hard to earn. If your case was dismissed, you were acquitted, or adjudication was withheld, Florida law may give you a path to wipe that record clean through expungement. The sooner you act, the sooner you can move forward.
Attorney Simon Wiseman of The Wiseman Law Firm has helped clients across Central Florida pursue expungement and seal cases that once threatened to define their futures. With more than 25 years of experience and a background as a former Orange County prosecutor, he knows how the process works from both sides and how to build the strongest possible case for your eligibility. If a fresh start matters to you, our criminal defense and expungement practice is ready to help you pursue it.
Who Qualifies for Expungement in Florida?
Florida has strict eligibility requirements for expungement, and not every arrest or charge qualifies. Under Florida Statute § 943.0585, a person may petition the court to expunge a criminal history record if the case was never formally charged, was dismissed by the state attorney, resulted in an acquittal, or ended in a not-guilty verdict. You must also have never been adjudicated guilty of any criminal offense in Florida.
Additional Eligibility Considerations
There are several other conditions that must be met before moving forward. Florida allows only one expungement per person over a lifetime, so this is a one-time opportunity. You generally cannot expunge a record if adjudication was withheld on a prior offense for which you previously received an expungement or sealing. Certain offenses are also categorically ineligible regardless of outcome, including most sex crimes, murder, and aggravated child abuse.
Expungement and sealing are two different remedies worth noting. Sealing a record makes it confidential but does not destroy it, while expungement results in the physical destruction of the record. An experienced attorney can help determine which option applies to your situation.
The Step-by-Step Expungement Process in Florida
Florida’s expungement process involves multiple agencies and can take several months from start to finish. Knowing what to expect at each stage helps you stay on track and avoid costly errors.
Obtaining a Certificate of Eligibility
Before you can file a petition with the court, you must first apply to the Florida Department of Law Enforcement for a certificate of eligibility. This requires submitting a certified statement from the appropriate state attorney confirming your case qualifies, a certified copy of the final disposition, and a $75 processing fee. The certificate is valid for 12 months from the date of issue.
Filing the Petition with the Court
Once you receive your certificate of eligibility, you file a formal petition with the circuit court in the county where the arrest occurred. The petition must be accompanied by the certificate, supporting documentation, and any additional materials required by local court rules. The state attorney’s office will have an opportunity to object to the petition at this stage.
Awaiting the Court’s Decision
A judge reviews the petition and has discretion in granting or denying it. If granted, the order is sent to all relevant criminal justice agencies directing them to expunge the record. Even after the record is expunged, certain agencies and licensing boards retain limited access under Florida law, which is why precision in the original petition matters.
What Changes After Your Record Is Expunged?
Once your record is expunged, you can lawfully deny the arrest ever occurred in most circumstances. This applies to employment applications, housing applications, and background checks run by private employers. However, there are important exceptions. You are still required to disclose an expunged record when applying for positions with law enforcement agencies, seeking licensure in certain regulated industries, or petitioning for Florida Bar admission.
For individuals facing felony charges or those with misdemeanor convictions on their record, expungement can be a powerful legal tool when it applies. It is especially valuable for clients whose cases were resolved without adjudication but whose records have nonetheless created real-world consequences.
Contact The Wiseman Law Firm to Start the Process
Attorney Simon Wiseman has successfully handled expungements and dismissals for clients facing everything from drug charges to theft and beyond. His deep knowledge of Florida criminal procedure, combined with his former prosecutorial experience, gives clients a meaningful advantage when navigating the eligibility and petition process.
If you believe you may qualify for expungement, time matters. Certificates of eligibility expire, and the process involves multiple coordinated steps that require careful attention. Contact The Wiseman Law Firm today to schedule a case evaluation and find out whether expungement is within reach for you.