What Is Expungement?
Expungement, according to the American Bar Association, is when a criminal charge or conviction is entirely removed from your permanent record. Many individuals do not realize that if they have not been convicted of a charge, but were arrested, it may still appear on background checks. Even without a conviction, this may cause uncomfortable conversations or explanations. Expungement can help whether you have been convicted of a crime or charged without being found guilty.
When your criminal record is expunged, your record is permanently erased. What this means is that the courts, both state and federal, are instructed to behave as if it never happened. If the process is completed correctly, not only will the record be sealed from the courts, but also the public record. Those searching for your criminal background will not be able to find any of the charges that were made against you.
There are stipulations regarding charges that may and may not be expunged, and filing for an expungement does not guarantee that it will be granted. For this reason, you must hire a team of attorneys who specialize in this area. A team that will put together the best case and helps preserve your future.
Understanding Expungement vs. Sealing in Florida
In Florida, expungement and sealing are two distinct legal remedies with important differences. When a record is expunged, the physical record is actually destroyed by most agencies, and the public will have no access to it. You can legally deny the arrest or charge ever occurred in most situations. This provides the most complete protection and privacy for your past.
Record sealing, on the other hand, means your record remains intact but is hidden from public view. The record still exists and can be accessed by certain government agencies and in specific circumstances, such as when applying for jobs in education, healthcare, or law enforcement.
The Weinstein Legal Team carefully evaluates each client’s situation, considering factors such as the nature of the offense, your future goals, and professional aspirations to recommend whether expungement or sealing would better serve your interests.
Eligibility Requirements for Expungement in Florida
Florida law sets specific criteria that must be met to qualify for expungement. First and foremost, you cannot have been previously adjudicated guilty or convicted of any criminal offense in any jurisdiction. This includes misdemeanors and felonies. Additionally, you must not have previously sealed or expunged any other criminal history record in Florida or any other state.
Your current case must have been resolved in one of two ways to qualify for expungement: either the charges were dropped, dismissed, or you were acquitted at trial (qualifying for direct expungement), or you received a withhold of adjudication and successfully completed all terms of your sentence (potentially qualifying for record sealing first, then expungement after 10 years). For those with arrests but no filing of formal charges, or cases dismissed before trial, Florida offers a more direct path to expungement.
Criminal Charges That Can Be Sealed or Expunged
Many common offenses qualify for expungement in Florida, particularly for first-time offenders. These include misdemeanors such as petit theft, trespassing, disorderly conduct, and simple possession of marijuana or drug paraphernalia. Certain felonies may also qualify, including grand theft, burglary, and some drug possession charges—especially in cases where adjudication was withheld and probation was successfully completed.
In the state of Florida, if you pled guilty or no contest to specific crimes, it cannot be erased. Such charges include arson, aggravated assault or battery, child abuse, abuse of the elderly or disabled, kidnapping, homicide, manslaughter, sexual battery or rape, robbery, carjacking, sexual offenses of any kind related to minors, drug trafficking, home-invasion, and organized fraud.
The above list is not comprehensive, though it serves as a starting point. Contacting an experienced expungement attorney is vital, as they will know whether or not your charges can be expunged. Do not assume that your criminal record has to remain public. You must find out for sure whether or not this is the case. Weinstein Legal offers a free case evaluation. What this means is that it will cost you nothing to speak with a legal expert to advise you on whether or not to proceed further with the application process.
It is also important to note that if you were charged with any of the above crimes but not convicted, or the charges were dropped, you might be able to have them expunged. For this reason, you must contact an expungement attorney to determine the best course of action and build your case. If you were not convicted of a crime or were under the age of 18 when you committed a crime, you have a much better chance of having the charges removed from your record.
Additionally, you must be aware that an individual may only request expungement one time. What this means is that if you have had a prior charge erased from your record, you are not eligible to apply for a second time regarding another crime. An exception may be made if you received multiple charges related to a single incident. For example, if you were charged with both shoplifting and eluding and evading a police officer during the same arrest, you may apply to have both charges expunged.
Disqualifying Factors for Expungement
Florida law specifically excludes certain serious offenses from expungement eligibility, regardless of the final disposition of your case. These include sexual offenses, especially those involving children, violent crimes such as aggravated assault, robbery, or any offense classified as an act of domestic violence. Additionally, charges related to driving under the influence, even if dismissed, face heightened scrutiny in the expungement process.
A history of previous convictions can also impact your eligibility. If you were found guilty or pled guilty to any criminal offense—even a minor one—you likely will not qualify for expungement under standard Florida statutes.
However, the Weinstein Legal Team can help explore alternative remedies that might be available. For instance, in some cases where standard expungement isn’t an option, we may recommend pursuing record sealing or, for older cases, administrative expungement options that might provide some relief.
Your eligibility can also be affected by pending criminal charges or unfulfilled court obligations. Even unpaid traffic tickets or child support arrears can sometimes create roadblocks in the expungement process. The Weinstein Legal Team conducts comprehensive background checks to identify and address any potential issues before filing your petition.
The Expungement Process in Florida
The Florida expungement process begins with a thorough case evaluation to confirm eligibility. Our attorneys first obtain and review your complete criminal history to identify all records that might be eligible for expungement. We then gather the necessary court documents, including the final disposition of your case, which proves how your case was resolved—a critical element in determining eligibility.
Once eligibility is confirmed, we prepare and submit an application to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility—a required document that verifies you meet the state’s criteria for expungement. This application includes fingerprints, certified court documents, and a processing fee.
After receiving the Certificate of Eligibility (which typically takes 4-6 months), we prepare and file a Petition for Expungement with the court in the county where your case was handled.
The final phase involves court processing and review by the State Attorney’s Office. The prosecutor has the opportunity to object to your petition, which is why having experienced legal representation is so valuable. If no objections are filed, or if the court overrules any objections, the judge will issue an Order of Expungement.
Benefits of Expunging Your Criminal Record
Expunging your criminal record removes significant barriers to personal advancement. Most employers conduct background checks, and even a dismissed charge can raise concerns during the hiring process. With an expunged record, you can legally answer “no” when asked about past arrests on most job applications. This levels the playing field, allowing you to be evaluated on your qualifications rather than past mistakes.
Beyond employment, expungement affects many other aspects of daily life. Landlords routinely screen potential tenants, and housing applications often ask about criminal history. Financial institutions consider criminal records when evaluating loan applications, especially for mortgages.
An expunged record helps ensure these fundamental needs aren’t compromised by past incidents that no longer reflect who you are today.
The psychological benefits of expungement cannot be overstated. Many clients of the Weinstein Legal Team report profound relief once their records are expunged. The constant worry about who might discover their record and how it might affect their reputation disappears.
Clients describe feeling unburdened, able to move forward with confidence rather than anxiety. This emotional freedom often translates into greater personal and professional success as individuals feel empowered to pursue opportunities they might have previously avoided.
Employment and Housing Opportunities
In today’s competitive job market, employers often use initial background checks to screen candidates before even considering an interview. An expunged record means your application won’t be automatically rejected during this screening process. This is particularly important in fields such as healthcare, education, financial services, and technology, where background checks are standard practice.
Housing applications have become increasingly stringent, with many property management companies and individual landlords using criminal background checks to screen potential tenants. This practice affects not just luxury housing but affordable options as well.
Clients who have had records expunged with the help of the Weinstein Legal Team report significant improvement in housing options, including access to better neighborhoods, schools, and amenities. Our attorneys can also provide guidance on how to honestly answer housing application questions in the period between when your expungement is granted and when various background check databases are updated.
Personal and Professional Benefits
Expungement can open doors to educational advancement and professional licensing. Many graduate programs and professional schools conduct background checks and may question applicants about criminal history. Similarly, licensing boards for professions including healthcare, law, real estate, insurance, and many trades often have character and fitness requirements that scrutinize criminal records.
The restoration of civil rights represents another significant benefit of expungement. Depending on the nature of the original charge, expungement can potentially restore rights related to voting, serving on a jury, holding public office, or owning firearms.
For parents, an expunged record can positively impact custody proceedings, as family courts often consider criminal history when determining the best interests of children. For non-citizens, expungement may reduce immigration complications, though additional specialized immigration counsel is typically recommended in these cases.
