A criminal record can affect employment, housing, licensing, and your reputation long after a case ends. In Florida, clearing that record is not simply a matter of filling out a form and waiting. The choice between sealing and expungement, the eligibility rules, and the court process all require careful attention.
An expungement attorney reviews your record, confirms whether you qualify, prepares the FDLE Certificate of Eligibility application, and guides the case through the court process. FDLE typically takes about 12 weeks to determine eligibility after receiving a complete application packet. And the record is not officially sealed or expunged until the proper court sends a certified order to FDLE.
Because Florida generally permits only one court-ordered sealing or expungement in a lifetime, a rushed filing can carry serious consequences. Schedule a free consultation with Galanter Law, P.A. at our contact page to discuss your record and options. The attorney’s role begins with identifying the legal path and continues through each step that follows.
What Does an Expungement Attorney Actually Do?
An expungement attorney evaluates whether you qualify, prepares the required application, manages the filing process. And represents you in seeking a court order that can remove an eligible criminal record from public access. The attorney’s job is not simply to complete a form. It is to identify the correct legal path, prevent avoidable errors, and guide the matter from the initial review through the court’s final decision.
Evaluate eligibility under Florida law
Before anything is filed, the attorney reviews the arrest, charge, case disposition, prior record, and any previous sealing or expungement. This matters because eligibility depends on statutory requirements, not just whether a case was dismissed. Florida’s primary statutes for these remedies include Section 943.0585, Florida Statutes, for expungement and Section 943.059 for sealing. An expungement attorney applies those requirements to the specific facts of your case and identifies issues that could prevent relief.
The review also helps determine whether the requested remedy is expungement or sealing and whether the case qualifies for a particular statutory procedure. Florida law generally permits only one court-ordered sealing or expungement in a person’s lifetime. That makes an eligibility review especially important. Using the opportunity on a case that cannot qualify, or overlooking a problem in the record, can have lasting consequences.
Prepare the FDLE Certificate of Eligibility application
The first formal step in Florida’s seal or expunge process is applying to the Florida Department of Law Enforcement, or FDLE, for a Certificate of Eligibility. FDLE states that the application must be completed in full, including identifying information, the arresting agency, arrest date, and charges. The attorney gathers and checks this information, prepares the required supporting materials, and helps ensure the application is signed before a notary when required.
Depending on the remedy and case history, the packet may also require a certified statement from the appropriate prosecuting authority or other documentation. A missing signature, incomplete field, incorrect case detail, or absent document can delay review or create a basis for denial. FDLE reports that determining eligibility typically takes 12 weeks after it receives a completed application packet. Careful preparation before submission helps avoid losing time to preventable corrections.
Handle the court petition and hearing
A Certificate of Eligibility does not itself seal or expunge a criminal history record. After eligibility is established, the attorney prepares and files the petition and proposed order with the proper court, serves the required parties, and addresses any response or objection. The attorney also tracks procedural deadlines and explains what you should expect if a hearing is scheduled.
At the hearing, the attorney presents the legal basis for relief and responds to questions from the court or opposing parties. If the court grants the petition, the process is still not complete until the certified court order reaches FDLE from the court with proper jurisdiction. The attorney follows that final step and confirms that the order is sent to the agencies responsible for the record. In practical terms, legal representation provides oversight at each stage, from eligibility and paperwork to the court order that makes the relief effective.
Sealing vs Expungement: What Is the Difference?
Sealing generally hides a criminal record from public view. While expungement provides a stronger form of relief by restricting access to the record and, in practical terms, removing it from ordinary public discovery.
The distinction matters because the remedy you pursue affects what remains available, who may access the information, and how carefully your eligibility must be evaluated. The Florida Department of Law Enforcement (FDLE) explains the state’s seal-and-expunge process, but the final choice depends on the facts of your case and the governing statutory requirements.
| Sealing | Expungement | |
|---|---|---|
| What it does | Hides the criminal history record from public view while preserving the record under restricted access. | Provides a more substantial restriction on access, effectively removing or destroying the record from ordinary public discovery. |
| Who can see it | The general public typically cannot view a sealed record. Certain authorized entities or legally permitted users may still have access. | Public access is significantly restricted. The record is not simply available through an ordinary public-record search. |
| Level of relief | Meaningful privacy protection, but the record continues to exist in a restricted form. | Generally the stronger form of record relief, subject to eligibility rules and exceptions under Florida law. |
| Practical difference | A sealed record may still matter in situations where a permitted agency, court, or other authorized party can access it. | Expungement makes the record harder for the public to discover, which can provide greater protection for employment, housing, and reputation. |
Neither remedy should be treated as an automatic cleanup of every reference to an arrest or charge. Eligibility is tied to the specific case, the disposition, the applicable Florida statute, and your prior record-relief history. Florida law generally limits a person to one court-ordered sealing or expungement in a lifetime. Using that opportunity without confirming the correct remedy can create a serious and avoidable problem.
An expungement attorney can review the case outcome, check whether the record qualifies for sealing or expungement, and identify documentation needed for the application. FDLE states that a record does not receive relief until the proper court’s certified order has been received by FDLE. That means choosing the remedy is only one part of the process. The application, court petition, and final order must all be handled accurately.
For official guidance on the distinction and process, review the FDLE seal and expunge information. If the facts are unclear, obtain legal advice before filing, especially when your one lifetime court-ordered opportunity may be at stake.
How the Florida Expungement Process Works
The Florida expungement process begins with an application to the Florida Department of Law Enforcement (FDLE), not with a court hearing. An expungement attorney reviews eligibility, prepares the Certificate of Eligibility application, coordinates the court filing, and tracks the certified order through the final step. The record is not legally cleared merely because an application was filed or a judge signed an order. FDLE must receive the certified court order before the record receives relief.
That sequence matters because an error at the beginning can delay the case or affect your ability to use Florida’s limited court-ordered relief. The major stages are:
- Apply to FDLE for a Certificate of Eligibility. The Certificate of Eligibility application is the mandatory first step for the standard Florida seal or expunge process. Before preparing the packet, an attorney examines the arrest and disposition history, the relief requested, and the statutory requirements that apply to your case. FDLE determines whether an applicant is statutorily eligible to petition the court under the applicable Florida law. This review is especially important because Florida generally allows only one court-ordered sealing or expungement in a person’s lifetime.
- Prepare and submit a complete application packet. FDLE’s application must be completed in full, including identifying information, arresting agency, arrest date, and charges. The application also requires the appropriate signatures and supporting documentation. Depending on the requested relief, that may include a certified statement from the prosecuting agency confirming the disposition. An expungement attorney checks that the packet is complete, properly signed and notarized, and supported by the documents FDLE requires before submission. You can review the broader eligibility and preparation issues in this guide to Florida criminal record expungement.
- Wait for FDLE’s eligibility determination. FDLE states that determining eligibility typically takes about 12 weeks from the date it receives a completed application packet. That is the FDLE review period only. It does not represent the entire time required for the court petition, hearing, order, and delivery to the agencies that maintain the record. Missing information can create additional delay, so confirming the packet before submission is not a minor administrative detail. For planning purposes, see our guide explaining how long it takes to seal a record.
- Petition the proper court after eligibility is confirmed. If FDLE issues the Certificate of Eligibility, the next stage is a petition to the court with jurisdiction over the record. The certificate does not itself seal or expunge anything. It confirms that the applicant may petition the court, subject to the court’s review and any additional legal requirements. Counsel prepares the petition and proposed order, files the required materials, and addresses any issue raised by the court or prosecutor.
- Obtain and deliver the certified court order. A signed order must be properly certified and received by FDLE from the court of proper jurisdiction. Until that happens, the record has not received official sealing or expungement relief. The final delivery and follow-up step is therefore part of the legal process, not paperwork after the case is over. Your attorney should confirm that the certified order reaches the appropriate agencies and verify completion rather than assuming the record changed when the judge signed.
Because each stage depends on the one before it, an expungement attorney can help prevent a preventable application problem from becoming a months-long setback. The right strategy also depends on whether sealing or expungement is legally available for the specific record, so individualized review should come before filing.
Talk to a Florida expungement attorney about the cost and process for your specific record.
How Much Does an Expungement Attorney Cost in Florida?
In Florida, hiring an expungement attorney typically costs about $750 to $1,500 or more when the firm offers a transparent fixed-fee option. The final fee depends on the facts of the case, the records involved, and the work required. That fee is separate from government processing time and any other case-related costs.
At Galanter Law, fixed-fee options are designed to make the financial side of the process easier to understand before representation begins. A straightforward case may require less work than one involving incomplete records, multiple agencies, eligibility questions, or complications that require additional court attention. No responsible attorney should promise one price for every client without first reviewing the underlying criminal history.
What the fee generally covers
An expungement attorney’s work begins before a petition reaches the court. Counsel can review the disposition and related records, assess whether the statutory requirements appear to be met, and help prepare the application for a Certificate of Eligibility. The Florida Department of Law Enforcement requires the application to be complete, signed in the presence of a notary. And supported by required documentation, including a certified statement for expunction when applicable. See the FDLE application instructions for the agency’s requirements.
Legal fees may also cover preparing the court filing, coordinating required documents, communicating with the relevant agencies, and responding to issues that arise during the process. The exact scope should be explained in the engagement agreement. Ask whether the quoted fee includes the eligibility application, court petition, filing work, hearings if needed, and follow-up with the court or FDLE.
Attorney fees are different from processing time
Waiting for a government determination does not necessarily mean the attorney fee increases, but timing matters when planning the process. FDLE states that determining eligibility for a Certificate of Eligibility typically takes about 12 weeks after it receives a completed application packet. That estimate is an agency processing time, not a guarantee of when the entire case will be finished. A certified court order must also be received by FDLE before the record is officially sealed or expunged. Those requirements are why careful preparation matters.
Because a court-ordered sealing or expungement is generally limited to one in a person’s lifetime under Florida law. Choosing the least expensive option without understanding the legal work involved can create unnecessary risk. A consultation with an expungement attorney can clarify the likely scope of work, the expected fee, and the next practical step before you commit.
Why Hiring an Expungement Attorney Matters
Hiring an expungement attorney helps you avoid technical mistakes, protect your one opportunity for court-ordered relief, and make sure the record is actually cleared. Florida’s process involves eligibility rules, an FDLE application, court filings, and a certified order. A problem at any stage can delay the result or prevent relief altogether.
The stakes are higher because Florida generally allows only one court-ordered sealing or expungement in a person’s lifetime. FDLE’s instructions state that a person proceeding under the applicable statutes is entitled to one court-ordered sealing or expungement in a lifetime. That makes careful legal review more than a convenience. It can be the difference between obtaining relief and losing the opportunity to remove a record that affects employment, housing, professional licensing, or personal reputation.
The process is technical from the beginning
The first step is applying to the Florida Department of Law Enforcement for a Certificate of Eligibility. An attorney reviews the underlying arrest and case disposition, evaluates whether you meet the statutory requirements, and helps prepare a complete application. That includes making sure the form contains the required identifying and case information. Is properly signed before a notary, and includes documents such as the certified statement required for an expunction application.
These details matter because an incomplete or inaccurate packet can create avoidable delays. FDLE says eligibility processing typically takes 12 weeks from the date it receives a completed application packet. Starting over can add months to a process that already requires patience.
An attorney also helps distinguish ordinary court-ordered relief from narrower forms of relief. For example, Florida recognizes administrative expungement for an arrest made contrary to law or by mistake. Whether that option applies depends on the specific facts and the requirements of the applicable statute and rule. It should not be assumed that every arrest follows the same path.
Relief is not complete until the order reaches FDLE
Obtaining a Certificate of Eligibility is not the same as having a record sealed or expunged. The court must enter the appropriate order, and FDLE must receive a certified court order from the proper court. FDLE expressly states that a record does not receive relief until that certified order has been received. Your attorney can track this final step and verify that the case reached the agency responsible for updating the record.
That follow-through protects the practical benefits you are seeking. A record that remains publicly visible can create questions for an employer, landlord, licensing board, or anyone reviewing your background. A careful attorney handles the process with the goal of protecting your future, not merely submitting paperwork.
For a detailed overview of the process and local considerations, review this step-by-step Miami expungement guide. If you are considering relief in South Florida, an expungement attorney can assess your eligibility before you use your one court-ordered opportunity.
Frequently Asked Questions
How much does it cost to get a felony expunged in Florida?
Galanter Law typically offers transparent, fixed-fee expungement options ranging from $750 to $1,500 or more, depending on the record and work required. A consultation should clarify attorney fees, court costs, fingerprinting, certification, and other expenses before you proceed.
How long does a Florida expungement take?
FDLE typically takes 12 weeks to determine eligibility after receiving a complete Certificate of Eligibility application packet. The court process follows, and the record is not officially expunged until FDLE receives a certified order from the proper court. FDLE explains the process and timing.
Can I expunge more than one criminal record in Florida?
Generally, Florida law allows only one court-ordered sealing or expungement in a person’s lifetime. Because this is a limited opportunity, an attorney should review your complete record and eligibility before you use it. FDLE’s eligibility instructions describe this lifetime limit.
What does an expungement attorney handle for me?
An expungement attorney reviews eligibility, prepares the FDLE application, checks that required information and supporting documents are complete, and guides the court petition through the final certified order. That oversight helps prevent avoidable errors in a process designed to protect your future.
Ready to Clear Your Florida Criminal Record?
An expungement attorney can help you understand the next step and approach the process with a clear plan. If you are ready to discuss your situation, schedule a free consultation with a Florida expungement attorney by calling (305) 576-0244. Galanter Law, P.A. can listen to your concerns and explain how the firm may assist.
