Orlando Criminal Expungement Lawyer | The Wiseman Law Firm
A criminal record can follow you for years, shaping how employers, landlords, and licensing boards see you before you ever get a chance to make your case. If you were arrested but never convicted, had charges dropped, or completed a diversion program, Florida law may allow you to clear that record. At The Wiseman Law Firm, our Orlando criminal defense attorney helps clients throughout Central Florida pursue expungement and record sealing — including orlando sealing services for criminal records in Orlando and surrounding counties — giving them a real path forward. As an experienced expungement law firm, we have the expertise to help clients remove criminal history from public records in Florida.
Attorney Simon Wiseman has practiced criminal defense for more than 25 years, including time as a state prosecutor in Orange County, Orlando. He knows how these cases are evaluated, what the State of Florida looks for, and how to guide clients through every step of this process efficiently and correctly.
What Is Criminal Record Expungement?
Criminal record expungement is the legal process of removing an arrest record from public view in Florida. When you have your record expunged, it means your criminal history is removed from the public record and is no longer accessible to the general public. When a record is expunged, it is physically destroyed by the relevant law enforcement agencies. The Florida Department of Law Enforcement (FDLE) retains one confidential copy, but the public cannot access it. Expungement provides the highest level of record clearance available under Florida law.
Record sealing works differently. The sealing process involves meeting eligibility requirements, filing the necessary legal documentation, and obtaining judicial approval. A sealed record is not destroyed — it is hidden from public view, resulting in your criminal record sealed from public access, though certain government agencies may still access it. Both options offer meaningful protection, and which one applies to your situation depends on the specifics of your case.
Expunging criminal records offers significant benefits, as expunged records are physically destroyed and removed from the public record, helping individuals start fresh and protect their privacy.
Understanding Criminal Records
A criminal record is an official document that details a person’s criminal history, including any arrests, charges, convictions, and sentences. In Florida, these records are maintained by the Florida Department of Law Enforcement (FDLE) and are generally accessible to the public. Having a criminal record can impact many areas of life, from employment and housing to educational opportunities. However, Florida law allows certain individuals to have their criminal records sealed or expunged, which can significantly improve privacy and future prospects. When a record is sealed or expunged, it is either hidden from public view or physically destroyed, depending on the process used. To qualify, individuals must meet specific eligibility requirements, such as not having prior convictions or previously sealed records. The FDLE and the Florida Department of Law oversee these processes, ensuring that only eligible records are cleared from public access.
Are You Eligible for Expungement or Sealing?
Not every arrest record qualifies for expungement or sealing in Florida. Determining your expungement eligibility is a crucial first step, as eligibility depends on several factors, including the nature of the charges, the outcome of your case, and your criminal history. Generally speaking, you may qualify if:
- Your charges were dismissed or dropped
- You completed a pretrial diversion program
- Adjudication was withheld in your case, meaning you were not formally convicted
- You have not previously had a record sealed or expunged in Florida or any other jurisdiction
- The offense is not on Florida’s list of disqualifying charges
However, individuals who were adjudicated guilty of a criminal offense or who have been convicted of a felony are not eligible for expungement or sealing. Additionally, being charged with or convicted of a forcible felony or other serious criminal offense will disqualify you from expungement eligibility.
Under Florida law, a person may only seal or expunge one arrest record in a single proceeding. Our attorney reviews your complete criminal history to determine which type of relief — sealing or expungement — applies to your situation.
Arrest Record
An arrest record documents the details of a person’s arrest, including the date, time, charges, and the final outcome of the case. In Florida, arrest records are considered public records, meaning they can be accessed by anyone, including potential employers and landlords. However, if you are eligible, you can have your arrest record sealed or expunged, making it inaccessible to the general public. The process begins by obtaining a certificate of eligibility from the FDLE, which confirms you meet the legal requirements. After securing this certificate, you must file a petition with the court to request that your arrest record be sealed or expunged. The State Attorney’s Office will review your petition and may raise objections. If the court approves your petition, your arrest record will be sealed or expunged, helping you move forward without the burden of a public criminal history.
The Florida Expungement Process
Clearing your record in Orlando requires following a specific, multi-step process through the courts and the Florida Department of Law Enforcement. Each step must be completed correctly to avoid delays or denial of your petition.
The process begins with applying to FDLE for a Certificate of Eligibility. The Certificate of Eligibility must be date stamped by FDLE, which starts the timeline for filing your petition. This application must be notarized and submitted with a set of fingerprints, a certified copy of your case disposition, and the required processing fee. For expungements, the appropriate state attorney must review and sign off on the application before FDLE processes it. The date the arrest occurred is important, as certain deadlines and eligibility requirements are measured from this point.
Once FDLE issues the Certificate of Eligibility, you file a Petition to Seal or Expunge with the court in the county where the charges originated. The state attorney’s office reviews the petition and may object. If there are no objections, the court typically approves the petition without a hearing. If approved, the clerk of court and FDLE update the record accordingly.
It is important to note that sealing or expungement does not remove all court records, and certain records may still be accessible to the judicial system and law enforcement agencies.
Every stage of this process has specific requirements. A missing signature, incomplete form, or incorrect documentation can set your petition back significantly. Our attorney handles all of it on your behalf — from gathering documents and preparing the required affidavits to representing you at any required court hearings.
Court Order
A court order is a formal directive issued by a judge that requires a person or agency to take a specific action. In the context of expungement and sealing, a court order is essential to officially remove or restrict access to a criminal record. After you file a petition for expungement or sealing, the court reviews your case and, if all requirements are met, issues a court order specifying which records are to be sealed or expunged and which agencies must comply. The proposed order, submitted with your petition, outlines the exact terms for the court’s consideration. Once the court order is granted, it ensures that the designated records are no longer available for public access, providing you with greater privacy and a fresh start.
Automatic Juvenile Expungement
Automatic juvenile expungement in Florida is designed to give minors a second chance by clearing eligible criminal records once they reach a certain age. Under this process, the Florida Department of Law Enforcement (FDLE) automatically expunges the criminal history records of minors when they turn 21, or 26 if they were committed to a juvenile corrections facility. This means that, for most juvenile offenses, the record is removed from public view without the need for a formal petition or court hearing. However, not all juvenile records qualify for automatic expungement—certain serious offenses or cases involving adjudication as an adult may require a separate petition to the court. The FDLE manages this process, ensuring that eligible records are expunged in accordance with Florida law, helping young people move forward without the stigma of a criminal record.
Administrative Expungement
Administrative expungement is a special process in Florida that allows for the removal of a criminal record when an arrest was made in error or a case was dismissed due to lack of evidence. Unlike standard expungement, administrative expungement is typically initiated by the arresting agency or the State Attorney’s Office, rather than the individual. This process does not require a court order, but the person seeking expungement must still meet certain eligibility criteria, such as having no prior convictions or previously sealed records. The Florida Department of Law Enforcement (FDLE) reviews each request to determine if the record qualifies for administrative expungement. If approved, the record is expunged, helping to correct mistakes in the criminal justice system and ensuring that individuals are not unfairly burdened by records resulting from errors or wrongful arrests.
What Expungement and Sealing Can Do for You
Successfully expunging or sealing your record can open doors that a criminal record keeps closed. Many clients come to us after struggling with a background check that is affecting their careers, housing applications, or professional licenses. Once your record is cleared, you may be able to lawfully deny that the arrest or criminal charges ever occurred in most situations.
Common benefits include:
- Removing your arrest and criminal charges from public background checks
- Allowing you to lawfully deny and answer “no” to questions about prior arrests or criminal charges in most circumstances
- Protecting your reputation with future employers, credit card companies, schools, and landlords by keeping your record off public record
- Preserving your eligibility for professional licenses and career advancement
- Reducing the long-term impact of an arrest that did not result in a conviction
A sentence follows to close out this section: These benefits are not guaranteed in every situation, but for eligible clients, expungement and sealing represent one of the most effective ways to move forward after an arrest.
How Much Does Expungement Cost in Florida?
The cost of expungement in Florida includes state filing fees, fingerprinting costs, and attorney fees, typically ranging from $1,500 to $3,500 total. FDLE charges $75 for the Certificate of Eligibility application, while court filing fees vary by county. In Orange County, additional costs may include obtaining certified dispositions and notarization services. Attorney fees depend on case complexity and whether complications arise during the petition process.
Common Cases That May Qualify For Expungement
Arrests that did not result in a conviction are often the strongest candidates for expungement or sealing in Orlando. Cases where the State of Florida chose not to file charges, where charges were nolle prossed, or where you completed a pretrial diversion program may all be eligible. For minors who complete diversion programs for a non violent misdemeanor, juvenile diversion expungement may be available under Florida law, allowing these records to be sealed or expunged and preventing them from appearing on future background checks. Additionally, early juvenile expungement is an option for young adults aged 18 to 21 who wish to have their juvenile records cleared before the automatic expungement timeline. Records for a minor maintained by FDLE are automatically expunged at a certain age unless the minor committed a serious felony offense. Cases involving drug charges and misdemeanor offenses where adjudication was withheld are also frequently eligible for record sealing. Our attorney evaluates the specific details of your case — including the charges, disposition, and your full criminal history — to identify the best available option.
Speak With the Orlando Expungement Lawyer at The Wiseman Law Firm
Clearing your record is one of the most valuable steps you can take to protect your future. The Wiseman Law Firm helps clients throughout Orlando and Central Florida pursue expungement and record sealing with the same aggressive, detail-oriented approach Attorney Wiseman brings to every case. With more than 25 years of criminal defense experience and a deep knowledge of how Florida courts handle these petitions, he is prepared to guide you through the process from start to finish.
Frequently Asked Questions About Expungement & Record Sealing
What is the difference between sealing and expunging a criminal record?
When a record is sealed, it is hidden from the general public and background checks, but certain government and law enforcement agencies can still access it. When a record is expunged, it is physically destroyed or completely removed from all databases. Both options legally allow you to deny that the arrest ever happened in most situations.
Am I eligible to have my record expunged?
Eligibility generally depends on how your case was resolved. If your charges were dropped, dismissed, or the prosecutor declined to file charges (No Information), you are likely eligible for an expungement. If you pled guilty or were found guilty (adjudicated guilty) of a crime, you typically cannot seal or expunge that record. At Wiseman Trial Law, we can review your case history to determine your exact eligibility.
How long does the expungement process take?
The expungement process is extensive and requires coordination between the Florida Department of Law Enforcement (FDLE), the State Attorney’s Office, and the courts. On average, the entire process takes between 6 to 9 months to complete. It is important to start the process as soon as possible if you are looking for a new job or housing.
Do I have to disclose an expunged record on a job application?
Generally, no. Once your record is officially sealed or expunged, you have the legal right to state that you were never arrested or charged with that crime. However, there are a few exceptions—such as applying for a job in law enforcement, seeking employment involving children or the elderly, or applying for admission to the Florida Bar.
Do not let an old arrest continue limiting your options. Contact The Wiseman Law Firm for a free consultation to discuss your eligibility and what clearing your record may mean for your future.
