A criminal record follows you everywhere, creating barriers to jobs, housing, and opportunities you deserve. Florida’s expungement process offers real hope—a legal path to permanently erase qualifying records from public view and reclaim control over your future.
At The Wiseman Law Firm, we help Florida residents navigate the complex expungement process with precision and care. Attorney Simon Wiseman brings decades of experience in criminal defense and his background as a former prosecutor to every case. Our focused approach to criminal defense means we understand how records impact every aspect of your life, and we work tirelessly to help you secure the fresh start you deserve.
What Is Expungement in Florida
Expungement allows you to have criminal records physically destroyed or made completely inaccessible to the public. Once your record is expunged, most employers, landlords, and organizations cannot see these records during background checks. The legal effect makes it as though the arrest or criminal charge never occurred.
Florida law distinguishes between expungement and sealing. Sealing makes records confidential while keeping them accessible to certain government agencies and law enforcement. Expungement destroys most physical and digital copies of your records, though limited copies may remain with specific agencies for internal use only.
The benefits extend far beyond privacy protection. With an expunged record, you can legally answer “no” when asked about arrests or criminal charges on job applications, rental forms, college applications, and most other situations. Only highly sensitive positions requiring federal security clearances or certain professional licenses may still require disclosure.
Who Qualifies for Expungement in Florida
Florida maintains strict eligibility requirements for expungement, and you must meet every criterion to qualify. You may be eligible if your charges were dropped, dismissed, or resulted in a not guilty verdict at trial. Most importantly, you cannot have been convicted of any criminal offense in Florida or any other jurisdiction.
Certain serious offenses can never be expunged under Florida law. These permanently disqualifying crimes include murder, manslaughter, sexual battery, child abuse, and other violent felonies. Additionally, if you previously had a record sealed or expunged in Florida, you generally cannot pursue another expungement unless very specific exceptions apply.
Common Qualifying Situations
Several scenarios frequently qualify for expungement under Florida law. These situations often present the best opportunities for record relief, though each case requires individual analysis of the specific charges and final disposition.
- Arrests wherein formal charges were not filed by the State of Florida
- Cases dismissed by the Court or the State of Florida
- A not-guilty verdict at trial
- Successful completion of pretrial intervention or diversion programs
The Step-by-Step Expungement Process
Florida’s expungement process involves multiple phases and typically takes between six months and one year to complete.
First, the application for the Certificate of Eligibility must be completed and submitted to the office of the State Attorney for their approval.
Next, the application for the Certificate of Eligibility must be reviewed by the Florida Department of Law Enforcement (FDLE) along with official fingerprints, and supporting documentation. FDLE then conducts a comprehensive review of your criminal history across all jurisdictions to verify you meet their eligibility requirements.
After FDLE approves your application, a Certificate of Eligibility is issued. You can then petition the Court to enter an Order Expunging the case. The petition must meet certain statutory criteria and receive agreement from the State and, if applicable, the victim in the matter.
Potential Challenges in the Process
The expungement process contains numerous potential obstacles. Incomplete paperwork missed deadlines, or failure to obtain all required documentation frequently result in application denials. Additionally, discovering unknown criminal history in other states can immediately disqualify you from relief.
Many applicants underestimate the complexity of gathering proper documentation. Missing even one required document can result in months of delays or outright denial.
State attorney objections present another significant hurdle. Prosecutors may object based on the nature of your original charges, public safety concerns, or procedural issues with your petition. Overcoming these objections requires strong legal arguments and thorough preparation.
Secure Your Fresh Start Today
Expungement provides a powerful opportunity to move beyond past mistakes and build the future you envision. While the process requires patience and attention to detail, the long-term benefits make it a worthwhile investment in your future opportunities and peace of mind.
We focus on Florida criminal defense matters, including expungement and record-sealing cases. Our thorough approach ensures all paperwork is completed correctly, deadlines are met, and your case receives the focused attention it deserves. We handle every aspect of the expungement process, from initial eligibility review through final court orders, giving you the best chance for success. Don’t let past arrests continue limiting your opportunities—call The Wiseman Law Firm today at (407) 420-4647 or contact us online to discuss your expungement options.