Florida Expungement: Take the Next Step Toward a Clean Record
An arrest or criminal charge can continue to affect your life long after your case has ended. Background checks can reveal past arrests, potentially creating obstacles when applying for a job, finding housing, obtaining professional opportunities, or moving forward with your life.
If you have a prior Florida criminal case, you may be eligible to have your record sealed or expunged.
Attorney James Burns can help eligible clients navigate the Florida sealing and expungement process from start to finish.
What Is Criminal Expungement?
Florida expungement, is a legal process that can remove qualifying criminal history information from public access.
Simply having your case dismissed does not automatically remove your arrest record. Even when charges were dropped or the State decided not to prosecute, the arrest may continue to appear on background checks and other publicly accessible records.
Expungement may provide an opportunity to put an eligible arrest behind you and move forward without the same public record following you.
Who May Be Eligible?
Eligibility depends on several factors, including how your case was resolved, the offense involved, and your prior criminal history.
You may potentially qualify if your case was:
- Dismissed;
- Dropped or dismissed by the State;
- Nolle prossed;
- Not formally filed by the State; or
- Otherwise resolved in a manner that qualifies under Florida law.
However, Florida law specifically excludes certain offenses and circumstances from sealing or expungement. Your eligibility should therefore be determined by reviewing your specific criminal case and criminal history.
Expungement vs. Sealing
Many people use the terms “expungement” and “sealing” interchangeably, but they are different legal processes.
Sealing a record generally prevents the public from accessing the record, although certain governmental agencies may still have access to it.
Expunging a record provides a greater level of protection by requiring the record to be removed from public access and handled in accordance with Florida’s expungement laws.
The appropriate option depends on your individual circumstances and the outcome of your case.
How Our Florida Expungement Service Works
The expungement process can involve multiple steps and several agencies. Our office can handle the process on your behalf, including the preparation and filing of the necessary paperwork.
Depending on your case, the process may include:
1. Determine Your Eligibility
We review your criminal case, disposition, and applicable criminal history to determine whether you may qualify for sealing or expungement.
2. Obtain the Required Documentation
The expungement process requires specific documentation, which may include a certified disposition and other records related to your case.
3. Apply for a Certificate of Eligibility
For qualifying cases, an application is submitted to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility.
Receiving a Certificate of Eligibility does not itself expunge your record. It allows the court process to move forward.
4. Prepare and File the Petition
Once eligibility requirements are satisfied, our office prepares the appropriate petition and supporting documents and files them with the court.
5. Obtain the Court’s Order
The court reviews the petition and determines whether the requested relief should be granted. If approved, the court enters an order directing the appropriate agencies to seal or expunge the record.
6. Notify the Appropriate Agencies
After the court enters the order, the order must be provided to the appropriate agencies so that the record can be processed in accordance with the court’s directive.
Why Hire an Attorney for an Expungement?
Although some individuals attempt to handle the process themselves, an expungement involves more than simply filling out a form.
An improperly completed application or petition can result in delays, additional costs, or denial of relief.
Our office can help ensure that the required documents are properly prepared and that the case proceeds through the appropriate steps.
We can help you:
- Determine whether you may qualify;
- Prepare the required documentation;
- Handle the Certificate of Eligibility process;
- Prepare and file the court petition;
- Monitor the status of your case;
- Address procedural issues that arise; and
- Complete the process through the entry and processing of the final order.
Don’t Let an Old Arrest Define Your Future
Your criminal case may be over, but the record of that case can continue to affect you.
If you have an old Florida arrest or criminal charge, don’t assume that nothing can be done.
Let our office review your situation and determine whether you may qualify for sealing or expungement.
Ready to Find Out If You Qualify?
Contact Attorney James Burns today to schedule a consultation regarding your Florida criminal record.
Our office can review your case and explain the available options for moving forward with a sealing or expungement.
Call (850) 457-6002 our office today to get started.
This information is provided for general informational purposes only and does not constitute legal advice. Eligibility for sealing or expungement depends on the specific facts and circumstances of each case and the requirements of Florida law. Hiring an attorney does not guarantee that a record will be sealed or expunged.