Having a criminal record, even when charges were dropped or you were found not guilty, can create serious obstacles in life. Employers, landlords, schools, and licensing boards often run background checks, and an arrest record may appear even if the case was dismissed. For many people, Florida law provides a remedy: expungement.
What Is Expungement?
Expungement goes a step further than sealing. When a record is expunged, it is physically destroyed by most agencies. Unlike a sealed record, which is hidden from public view but still exists, an expunged record is eliminated from most databases. Only the Florida Department of Law Enforcement (FDLE) retains a confidential copy, accessible only with a court order.
For everyday purposes, such as job applications, renting an apartment, or applying for professional licenses, an expunged record is as close to a fresh start as the law allows.
Who Qualifies for Expungement?
Florida law sets strict eligibility criteria for expungement, which include:
- No prior convictions: You cannot have ever been convicted of a crime in Florida or any other state.
- Case outcome: Your case must have been dismissed, nolle prosequi, no information filed, or you must have been acquitted (found not guilty). Cases where adjudication was withheld may qualify after they have been sealed for ten (10) years.
- One-time opportunity: Except for narrow exceptions (such as certain juvenile expungements), you may only expunge or seal a case once in your lifetime.
- Eligible offense: Some offenses cannot be sealed or expunged, regardless of outcome, including many violent, sexual, or serious felonies.
The Expungement Process
The process begins with an application to FDLE for a Certificate of Eligibility. The application requires fingerprints, certified case documents, and a fee. Importantly, the State Attorney’s Office must also sign off if your charges were dismissed or not filed.
After FDLE approves your application, your attorney will file a petition for expungement in the court where the case was handled. Copies must be served on the State Attorney, FDLE, the arresting agency, and other agencies holding records. Depending on the jurisdiction, the judge may grant the petition without a hearing or schedule one to review the case.
If the judge signs the order, agencies are directed to destroy their records of the arrest. For most people, this means the arrest will no longer show up in background checks, providing a meaningful fresh start.
Why Work with an Attorney?
The expungement process is highly technical, and eligibility rules are strict. A simple mistake can lead to denial, wasting months of waiting. An experienced criminal defense attorney can ensure your application is complete, handle communications with FDLE and the State Attorney, and advocate for you in court.
Take the First Step Toward a Clean Slate
An arrest does not have to define you for life. Expungement may allow you to put the past behind you and move forward with new opportunities.
Call Showalter Law today to schedule a consultation. Let us review your case and guide you through the expungement process so you can take back control of your future.