Extensive information exists regarding the sealing and expungement of criminal records and cases in Florida. Galanter Law, P. A. is here to clarify this information and discuss the differences between sealing and expunging a record, as well as the steps required to complete either process.
What is an Expungement?
An expungement is a legal process that seals or removes your criminal record from public view, essentially treating it as though the offense never happened.
When a court grants an expungement, your record is no longer accessible to employers, landlords, or schools conducting background checks. In most cases, only certain authorities, such as law enforcement or courts during future proceedings, can still see the original record.
The purpose of expungement is to reduce the long-term impact of a past mistake, giving you the chance to move forward without the constant barrier of a criminal history. To qualify, you typically must meet eligibility requirements based on factors like the type of offense, how much time has passed, and your overall record.
If approved, the court orders your record sealed or destroyed. While expungement offers a powerful fresh start, it’s worth noting that complete removal from all databases, especially digital ones, isn’t always guaranteed.
How Does Expungement Differ From Having a Record Sealed?
While expungement and sealing of records both limit the visibility of a criminal record, they don’t function the same way.
With expungement, the record is erased or destroyed, legally treated as though the incident never occurred in most everyday situations. By contrast, sealing a record simply hides it from public view. The record still exists in official databases and can be accessed by courts or law enforcement when necessary.
The practical impact also differs. If your record is expunged, you can typically state that you’ve never been convicted of the expunged offense, which is especially valuable when applying for jobs or housing. A sealed record provides privacy from routine background checks by employers or landlords, but certain agencies like licensing boards or law enforcement may still see it.
Because laws vary widely by state, it’s essential to check your local rules before pursuing expungement or sealing, ensuring you understand which option best fits your situation.
When Can You Expunge Your Records?
Eligibility for expungement depends largely on state laws and the nature of your offense. In most cases, you can only petition after completing all parts of your sentence, such as probation or community service, and waiting a required period, which can range from one to ten years without new convictions.
Certain offenses, like violent crimes or sex-related charges, are often excluded from eligibility, while non-convictions may be cleared much sooner. For example, if your case was dismissed, no-billed, or ended in a nolle prosequi, you may qualify for immediate expungement once all charges are fully resolved.
The process usually begins with filing a formal petition in court, supported by documents like certificates of eligibility or proof that all sentence requirements are complete. Depending on your state, this may also involve paying fees, undergoing background checks, and attending a hearing where a judge reviews your request.
While sealing of records can limit access, expungement goes further by removing them from public view altogether. Because the rules vary so much by jurisdiction, consulting a lawyer or legal aid service is the safest way to confirm if and when you can pursue expungement successfully.
What Cannot Be Expunged in Florida?
Not every crime in Florida can be wiped from your record. State law draws a hard line when it comes to serious felonies and violent offenses, which remain permanently on file no matter the circumstances even if adjudication was withheld or your sentence was fully completed. Before moving forward, identify the offenses that are barred from expungement:
- Murder and manslaughter
- Sexual battery and lewd acts involving children
- Aggravated assault, aggravated battery, and kidnapping
- Robbery, carjacking, and home-invasion robbery
- Certain burglary offenses
- Child abuse or abuse of an elderly/disabled person
- Drug trafficking and acts of terrorism
- Stalking and related offenses
- Any crime requiring sexual offender or predator registration
- Attempts or conspiracies to commit any of the above crimes
If your case involves one of these offenses, expungement is not an option under Florida Statutes §§ 907.041 and 943.0584. However, for other eligible offenses, clearing your record may still be possible. To understand your options, consult with Galanter Law, a trusted expungement lawyer near you.
Benefits of Expungement
Expungement offers a powerful way to remove the barriers created by a criminal record, giving you a fresh start and the ability to fully engage in your personal and professional life. By legally clearing your record, you can access opportunities that were once restricted, while also contributing more confidently to your community.
Improved Employment Opportunities
Expungement increases your chances of being hired and earning higher wages, allowing wage gains within a year for those who clear their records.
Access to Better Housing
Clearing your record reduces obstacles to securing stable housing, supporting your long-term rehabilitation and security.
Educational Advancements
Expungement makes it easier to enroll in schools or training programs, helping you develop new skills and pursue personal growth.
Restoration of Civil Rights
The process can restore rights such as voting, jury service, and firearm ownership, allowing you to participate more fully in society.
Psychological and Emotional Relief
Removing the stigma of a criminal record helps reduce anxiety, depression, and social isolation, improving your overall well-being.
Lower Recidivism Rates
Individuals with expunged records are less likely to reoffend, contributing to safer communities.
Community and Economic Growth
By improving access to jobs, housing, and education, expungement strengthens not only your life but also the broader economy and social cohesion.
What Steps Are Necessary to Get a Record Expunged?
Expunging your criminal record involves a structured legal process that varies by state but generally follows a clear set of steps. Completing each stage carefully, often with legal guidance, is necessary to properly clear your record. Here’s a breakdown of the typical process for obtaining an expungement:
1. Determine Eligibility
Confirm that your offense, sentence completion, and any required waiting periods meet your state’s criteria for expungement.
2. Obtain and Complete Forms
Gather the necessary application or petition forms from your local court or law enforcement agency and fill them out accurately.
3. Submit Your Petition
File your completed forms with the appropriate court and notify the district attorney or state prosecutor of your request.
4. Attend Court Hearings
If scheduled, appear before the judge who will review your petition, consider any objections, and evaluate supporting evidence.
5. Receive Court Decision
If approved, the judge signs an order to expunge or seal your record, which is then processed by law enforcement agencies.
6. Follow Up on Record Updates
Ensure all relevant agencies update their databases, removing your record from public access and background checks where applicable.
By carefully following these steps, you can navigate the expungement process confidently, ultimately achieving a cleaner record and greater opportunities in employment, housing, and personal growth.
How Long Does Expungement Take in Florida?
If you’re thinking about clearing your record, you should know that expungement in Florida is not an overnight process. On average, it takes 5 to 8 months, but the exact timeline depends on paperwork accuracy, court schedules, and how quickly the Florida Department of Law Enforcement (FDLE) processes your application.
Here’s a breakdown of the typical timeline:
- Certificate of Eligibility: The FDLE must first issue this document, which can take 3 to 6 months due to high application volumes.
- Filing the Petition: Once you have your certificate, your attorney files a petition with the court. Judicial review generally takes 2 to 4 weeks, though busy dockets may cause delays.
- Final Compliance: After court approval, state agencies need 1 to 3 months to fully erase or destroy records.
Because each step builds on the last, even small errors can cause months of additional delays. You must work with an experienced expungement lawyer near you, so someone capable can handle the paperwork, track deadlines, and push the process forward. If you’re ready to start fresh, contact Galanter Law today to take control of your record.
Can Police See My Expunged Record?
When you have a record expunged, it’s removed from public access and most routine background checks, meaning employers, landlords, and educational institutions generally won’t see it. However, law enforcement agencies often retain access to expunged records for investigative or legal purposes.
Depending on your state’s laws, police may still view your history even after an expungement, so it’s important to understand that “expunged” does not always mean completely erased from all official databases. This limited access has practical implications, especially if you’re applying for sensitive positions like law enforcement, government roles, or other jobs requiring full disclosure of criminal history.
Even so, expungement provides significant benefits in everyday life, helping you overcome barriers in employment, housing, and education. While police or certain authorities may still see the record, most people experience a dramatic reduction in the obstacles a criminal record can create once it’s legally expunged.
Do Expunged Records Ever Go Away?
When you obtain an expungement, your criminal record is typically sealed or removed from public access and most background checks, allowing you to legally treat it as though it never happened in many everyday situations.
However, expunged records often remain in law enforcement or certain government databases and can sometimes be accessed through a court order or for specific legal purposes. The degree of permanence depends on state laws and the nature of the offense, with some cases automatically expunged and others requiring petitions and waiting periods.
For sensitive positions or federal investigations, the record may still appear, but for most practical purposes, the benefits of having an expunged record far outweigh the limitations, giving you a real chance at a fresh start.
Is Expunging Your Record Worth It?
For most people who qualify, pursuing expungement is absolutely worth the effort. Clearing your record can open doors to better employment, housing, and educational opportunities that may have been out of reach due to a background check.
CATO Institute shows that individuals who successfully expunge their records often experience wage increases of 23% within the first year and a higher likelihood of being called back for job interviews. Beyond financial benefits, many also report improved social relationships, greater stability, and less reliance on public assistance.
The value of expungement extends far beyond personal gain. Communities benefit when individuals can fully participate in the workforce, contribute to the economy, and build more stable lives.
Research indicates that expungement recipients have significantly lower rates of recidivism compared to the general population, which means safer neighborhoods and stronger public trust. Governments also see net gains from higher tax revenues and reduced costs tied to unemployment or repeat offenses.
In short, expungement doesn’t just give you a second chance— it strengthens the community as a whole, making it one of the most impactful legal remedies available.
How Much Does It Cost to Get Your Record Expunged in Florida?
The cost to obtain an expungement in Florida typically ranges from $750 to over $1,500, depending on the complexity of your case and whether you hire legal assistance.
Mandatory fees include a $75 application fee to the Florida Department of Law Enforcement (FDLE) and approximately $42 in court filing fees. Additional expenses such as document retrieval, notary services, and mailing costs can also add up.
While some people choose to file on their own, hiring an experienced expungement attorney, whose fees may range from $250 to $1,000 or more, often increases the likelihood of a successful outcome. Processing times usually take between 3 and 7 months, depending on agency workload and case specifics. Many expungement attorneys offer payment plans to help manage costs.
When budgeting, remember to account for court and FDLE fees, attorney charges, and ancillary costs like certified mail and document copies. While these expenses may seem significant, the long-term benefits of expungement make it a valuable investment in your future.
Hire the Top Expungement Lawyer Near You in Florida
Getting your criminal record expunged can be a life-changing step, but the process is far from automatic. In Florida, eligibility rules are specific: only cases that were dismissed, no billed, or disposed of without a conviction may qualify, and certain serious offenses are excluded.
Working with an experienced expungement lawyer ensures that all forms, documentation, and court procedures are completed accurately, minimizing the risk of delays or denial. With professional guidance, you can navigate state-specific requirements and deadlines confidently, maximizing your chances of a successful outcome.
Beyond legal compliance, expungement opens doors to new opportunities. Employers, landlords, and educational institutions often perform background checks, and even dismissed charges can create barriers. By clearing your record, you remove these obstacles, restoring your ability to pursue career, housing, and educational goals without the shadow of your past.
Moreover, expungement provides emotional relief and peace of mind, helping you move forward with confidence. If you’re ready to take control of your future, contacting a trusted expungement lawyer near you—like the team at Galanter Law, P.A.—is the first step toward a fresh start in Miami or anywhere in Florida.
Commentary by Miami Criminal Defense Lawyer Yale Galanter:
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his representation and attention to your criminal matter.
