Clearing a criminal record starts with a petition in the court that heard the case, followed by strict compliance with every state‑specific requirement for expungement or sealing. Many jurisdictions call this process “expungement,” while others offer record‑sealing for withheld‑adjudication outcomes. A growing number of states now erase select offenses automatically once a set waiting period passes.
What Does It Mean to Expunge a Criminal Record in Florida?
Expungement in Florida permanently destroys the public record of an arrest so, with rare exceptions, it is as if the event never happened. Unlike sealing—which merely hides a record from public view—expungement results in physical destruction of the files held by agencies. Afterward, you may lawfully deny the arrest in most everyday situations. A pardon forgives a conviction but does not erase it; expungement wipes the slate clean.
Why Should I Expunge My Criminal Record?
A criminal record can block employment, housing, professional licenses, and even college aid. Florida makes these records public, so minor charges follow you on every background check. Expungement removes those barriers, restoring job prospects, rental opportunities, and peace of mind. With nearly one in three U.S. adults carrying a record, clearing yours is a powerful step toward a fresh start.
What Types of Cases Can Be Expunged in Florida? (Common vs. Rare Expungements)
Florida allows expungement only for arrests that ended without conviction, but the range of eligible situations is broad:
Common scenarios
- Charges dropped or dismissed
- Not‑guilty verdicts (acquittals)
- First‑time expungement for people with no prior record
Special or uncommon categories
- Administrative expungement for mistaken identity or unlawful arrest
- Lawful self‑defense expungement when an arrest stemmed from justified force
- Human‑trafficking victim expungement for offenses committed under coercion
- Juvenile diversion expungement after successful program completion
- Automatic juvenile expungement at age 21 or 25 when criteria are met
Who Is Eligible to Have Their Criminal Record Expunged in Florida?
Eligibility hinges on several strict requirements: You must have no prior convictions, the charge you seek to expunge must have been dropped, dismissed, or resulted in an acquittal, you may not have obtained a prior sealing or expungement, and no new criminal case may be pending. Completion of any probation or diversion is required. If adjudication was withheld, you may qualify for sealing rather than expungement. Unsure? A quick review with Northwest Florida criminal defense attorney James Burns can give you clarity.
What Crimes or Charges Cannot Be Expunged in Florida?
Certain arrests are off‑limits even without a conviction. These include sexual offenses, homicide, kidnapping, robbery, drug‑trafficking charges, home‑invasion robbery, and crimes against children or the elderly. Any prior conviction—no matter how old—disqualifies you from expungement of a different arrest. If your case falls into these categories, the Pensacola criminal record lawyers at James M. Burns’ firm can discuss alternative relief such as clemency or record sealing.
How Do I Expunge My Criminal Record in Florida?
The process follows five key steps:
Step 1: Determine Your Eligibility
Confirm you meet every statutory requirement. Attorney James M. Burns can analyze your record and identify the best path forward.
Step 2: Apply for a Certificate of Eligibility (COE)
Complete the FDLE application, obtain fingerprints, secure a certified case disposition, have the State Attorney sign (if required), pay the $75 fee, and mail the packet to Tallahassee. Waiting time is often several months.
Step 3: File a Petition With the Court
After the COE arrives, the expungement attorneys at The Law Office of James M. Burns draft and file the Petition to Expunge, sworn affidavit, and proposed order in the original court.
Step 4: Court Hearing (If Required)
Many petitions are granted without a hearing, but if one is scheduled, Pensacola expungement lawyer James Burns appears and argues why relief is warranted.
Step 5: Judge’s Order and Record Destruction
When the judge signs the order, court clerks and agencies destroy the files. From that point, you can legally state you have no criminal record except in a few narrow situations involving law‑enforcement or Bar applications.
Timeline: From start to finish, Florida expungements typically take 6–12 months. Errors cause delays, so precise paperwork is critical.
Frequently Asked Questions About Florida Expungement
How long does the process take?
Typically six to twelve months, depending on FDLE and court calendars.
Will an expunged record show up on background checks?
No. Standard employer or landlord checks will not reveal an expunged arrest.
Must I ever admit the arrest after expungement?
Generally no, except in a few sensitive applications (law enforcement, Florida Bar, etc.).
Can I expunge more than one case?
Florida permits only one expungement in a lifetime unless multiple charges stem from the same arrest.
Do I need a lawyer?
While self‑representation is allowed, the process is paperwork‑heavy and unforgiving; experienced guidance from Pensacola criminal defense attorney James Burns greatly improves success rates.
Ready for a Fresh Start? – Talk to a Pensacola Expungement Attorney Today
Expunging a record can transform your life, and James M. Burns is ready to lead the way. The sooner you begin, the sooner your clean slate arrives—remember, the process spans months. Call (850) 457‑6002 or contact us for a free consultation. You don’t have to let a past mistake define you; with the right help, tomorrow can start untarnished.