What You Need to Know About Expungement in Florida

Having a criminal record in Florida can affect nearly every part of your life, including finding housing and obtaining employment. In some cases, your record may persist despite the fact that you were never convicted. That’s where an expungement application could help.

Expungement allows eligible individuals to remove certain criminal records from public view. While the process can be complex, learning how it works is an important first step toward reclaiming your future and your freedom.

What Is Expungement?

Expungement is a legal process that allows certain criminal records to be erased or destroyed. In Florida, there are two main ways to limit access to your record: sealing and expungement.

Sealing a record means it still exists but cannot be viewed by the general public without a court order. Expungement, on the other hand, goes further by requiring government agencies to physically destroy the record, leaving only a confidential copy with the Florida Department of Law Enforcement (FDLE).

Both options can prevent employers, landlords, and others from seeing your criminal history. However, law enforcement and certain government agencies could still access these records in limited situations.

Who Qualifies for an Expungement in Florida?

Not everyone with a criminal record is eligible for expungement. Florida law limits who can apply and how often.

You may qualify if:

  • Your charges were dropped, dismissed, or resulted in a not guilty verdict
  • You were arrested but never formally charged
  • You have never had a prior record sealed or expunged in Florida
  • You do not have pending criminal charges at the time of your application

If you were convicted of certain violent offenses and sex crimes, you are likely ineligible. For example, crimes such as homicide and sexual battery usually cannot be expunged under Florida law. An attorney in Polk County can review your case and help determine if you meet the eligibility criteria.

How the Expungement Process Works

The expungement process in Florida involves several detailed steps. 

The general process includes:

  • Obtaining a Certificate of Eligibility from the FDLE
  • Filing a petition for expungement or sealing in the appropriate circuit court
  • Serving notice to the State Attorney’s Office and other involved agencies
  • Attending a hearing if the court requires one

The court will review your petition and supporting documentation before deciding whether to grant the expungement. If approved, the record will be sealed or destroyed, depending on the type of relief requested.

Why Should I Seek an Expungement for My Charges?

A criminal record can create obstacles long after your case ends. It can limit your career options and make it harder to secure financial aid and professional licenses, just to name a couple of examples. Expungement gives you a fresh start by removing these barriers.

In many cases, once your record is expunged, you can sometimes legally state that you have not been charged for that offense. However, there are exceptions, such as applying for law enforcement and government positions.

Contact a Lakeland Criminal Defense Attorney From Grajek Criminal Defense Attorneys for a Consultation Today

If you believe you qualify for expungement, don’t wait to take action. The process can take several months, and errors in your application can cause unnecessary delays. Contact Grajek Criminal Defense Attorneys today to discuss your eligibility and get help filing your petition. 

Our Lakeland criminal defense lawyer can ensure that every step is handled properly so you have the best chance at clearing your record and moving forward with confidence. Reach out to schedule a confidential consultation today.

For more information, contact the Lakeland criminal defense attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.

Visit our convenient location:

Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803

(863) 688-4606