Orlando Criminal Expungement Lawyer
Legally Reviewed by Simon Wiseman on September 4, 2026
An old arrest can quietly follow you into job interviews, apartment applications, and background checks for years, even if the case was dropped or never went anywhere. Florida law gives many people a way to clear that record for good, but the rules for who qualifies and which process applies are specific and easy to get wrong on your own.
The Wiseman Law Firm’s Orlando criminal defense attorney, Simon Wiseman, has spent more than 25 years in Florida criminal courts, including time as a state prosecutor in Orange County, Orlando. That background gives him a clear view of how the State of Florida evaluates these petitions, and he uses it to guide clients throughout Central Florida through expungement and record sealing from start to finish.
⚠ Act Now — Options Narrow the Longer You Wait
Eligibility rules are strict, and you generally only get one chance to seal or expunge a record in Florida. A misstep in the paperwork or process can cost you that chance.
Attorney Wiseman is a former prosecutor with over 25 years of experience, available 24/7, and offers free and confidential initial consultations.
Sealing vs. Expungement: What Is the Difference?
Sealing and expungement both remove your criminal record from public view, but they work differently. When a record is sealed, it stays on file with the Florida Department of Law Enforcement (FDLE) and the courthouse, but the general public cannot see it. When a record is expunged, it is physically destroyed, and FDLE keeps only one confidential copy that the public cannot access.
Both options let you lawfully deny that the arrest happened in most situations, such as on a job or housing application. Which one applies to you depends on how your case was resolved, and our attorney reviews the specifics of your situation to determine the right path forward.
Expungement
Your record is physically destroyed. FDLE keeps one confidential copy that is not available to the public.
Sealing
Your record stays on file but is hidden from public view. Certain government agencies may still access it.
Are You Eligible for Expungement or Sealing?
Not every arrest qualifies. Eligibility depends on the nature of the charges, how your case ended, and your criminal history. You may generally qualify if:
- Charges dismissed: Your charges were dropped or dismissed before conviction
- Diversion completed: You finished a pretrial diversion program
- Adjudication withheld: The court withheld adjudication, meaning you were not formally convicted
- No prior relief: You have not previously had a record sealed or expunged in Florida or elsewhere
- Eligible offense: The charge is not on Florida’s list of disqualifying offenses
Individuals adjudicated guilty of a crime, or convicted of a felony, are generally not eligible, and a forcible felony charge or conviction can disqualify you as well. Florida law also limits you to sealing or expunging one arrest record in a single proceeding, so our attorney reviews your complete history before recommending a path.
How the Florida Expungement Process Works
Clearing a record in Orlando follows a specific process through the Florida Department of Law Enforcement and the courts, and each step has to be completed correctly to avoid a denial.
The process starts with an application to FDLE for a Certificate of Eligibility, which must be notarized and submitted with fingerprints, a certified copy of your case disposition, and the required fee. For expungements, the state attorney must also review and sign off before FDLE processes the application. Once FDLE issues the certificate, 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, and if the court approves it, the clerk of court and FDLE update the record.
A missing signature or incomplete form can set a petition back significantly. Our attorney handles the paperwork, affidavits, and any required court appearances on your behalf, and can also explain what a court order in your specific case will and will not cover, since sealing or expungement does not erase every court record.
Special Types of Expungement Under Florida Law
Florida recognizes several expungement paths beyond the standard court-ordered process, and knowing which one fits your situation matters. Automatic juvenile expungement clears eligible records for minors without a separate petition, while administrative expungement addresses arrests made in error or dismissed for lack of evidence, typically initiated by the arresting agency or State Attorney’s Office rather than the individual.
Automatic Juvenile Expungement
FDLE automatically expunges eligible juvenile records once the minor reaches the qualifying age set by Florida law, unless the offense involved a forcible felony.
Administrative Expungement
This process applies when an arrest was made in error or a case was dismissed for lack of evidence. It does not require a court order but does require documentation from the arresting agency or the State Attorney’s Office.
What Expungement and Sealing Can Do for You
A cleared record can open doors that stayed closed while an arrest remained public. Many clients come to us after a background check has already cost them a job offer, a housing application, or a professional license opportunity. These benefits are not guaranteed in every case, but for eligible clients, expungement and sealing represent one of the most effective ways to move forward after an arrest.
Background Checks
Your arrest and charges no longer show up on a public background check.
Legal Denial
You can lawfully answer “no” to questions about prior arrests or charges in most situations.
Reputation Protection
Employers, landlords, and schools no longer see your record on public view.
License Eligibility
You preserve your eligibility for professional licenses and career advancement.
What Does Expungement Cost in Florida?
Expungement costs generally include the FDLE application fee, fingerprinting, court filing fees that vary by county, and attorney fees that depend on the complexity of your case. In Orange County, you may also need to budget for certified case dispositions and notarization. Because every case is different, the clearest way to understand your total cost is a consultation where our attorney can review your specific charges and history.
Common Cases That May Qualify for Expungement
Arrests that never led to a conviction are often the strongest candidates for relief in Orlando. Cases where the State of Florida declined to file charges, where charges were nolle prossed, or where you completed a pretrial diversion program may all be eligible. Drug charges and misdemeanor offenses where adjudication was withheld are also frequently eligible for 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 for your situation.
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 public and background checks, but certain government and law enforcement agencies can still access it. When a record is expunged, it is physically destroyed and removed from public databases. Both options generally let you deny the arrest happened.
Am I eligible to have my record expunged?
Eligibility generally depends on how your case was resolved. If your charges were dropped, dismissed, or never filed, you are likely eligible. If you pled guilty or were found guilty, you typically cannot seal or expunge that record. Our attorney can review your case history to determine your exact eligibility.
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 you were never arrested or charged with that crime. There are a few exceptions, such as applying for a job in law enforcement, work involving children or the elderly, or admission to the Florida Bar.
Can I seal or expunge more than one arrest record?
Under Florida law, you may generally only seal or expunge one arrest record in a single proceeding. Our attorney can review your full criminal history to determine which record qualifies and which type of relief applies.
Can I seal or expunge my record without an attorney?
Yes, Florida law does not require an attorney to apply for a Certificate of Eligibility or file a petition. That said, the process involves specific forms, notarization, and court filings, and a mistake or missing document can delay or derail your petition. Many people choose to work with an attorney to help avoid those pitfalls.
Will sealing or expunging my record affect a professional license I already hold?
It depends on the licensing board and the nature of the underlying charge. Sealing or expunging generally removes the arrest from public view, which can help with future applications, but some licensing boards, such as those overseeing law enforcement or the Florida Bar, may still require disclosure. Our attorney can help you understand how relief may affect your specific situation.
Speak With The Wiseman Law Firm About Your Record
Clearing your record is one of the most valuable steps you can take to protect your future, and Attorney Simon Wiseman brings more than 25 years of Florida criminal defense experience, including his background as a former state prosecutor, to every expungement and sealing case he handles for clients throughout Orlando and Central Florida. That perspective helps him anticipate how the State Attorney’s Office is likely to respond to a petition and prepare accordingly.
If an old arrest is still limiting your options, The Wiseman Law Firm can help you understand what clearing your record may mean for your future. Contact us today for a free consultation to discuss your eligibility.
