Frequently Asked Questions Regarding the Expungement of Florida Criminal Records

There are often many questions regarding the issue and procedure of expunging or sealing a Florida criminal record.  Below we try to answer the most common questions.

Q1: What is the benefit of expunging my Florida criminal arrest record?
A1: Once your arrest record has been sealed or expunged it is no longer considered a public record under Florida law and will not show up on your official background check.  Law enforcement has to make all records sealed confidential and destroy all expunged records.  Additionally, the law allows you to deny that the arrest ever occurred (There are several exceptions to the "denial rule."). The information regarding your arrest and court case is removed from the clerks records and their online searches.

KEY POINT: The denial rule is important because private companies don't receive the court's order and information may still inadvertently be released.

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Q2: What is the difference between expunging a Florida criminal record and sealing a Florida criminal record?
A2: There is very little difference between a sealed arrest record and an expunged arrest record.  The difference is found in the type of case for which a person seeks relief.  A case that was dropped or dismissed would fall under the expungement statute.  A case that had a determination of guilt would fall under the sealing statute.  As far as you, the petitioner, is concerned the relief will be the same for all practicable purposes.

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Q3: How do I get started expunging (or sealing) my Florida criminal record?
A3:  Call Us (407-841-5555).  Once we have gotten some information regarding you and your case we will start the process.  After some initial paperwork that will need to be signed and notarized, all you have to do is sit back and relax - we do everything else.

KEY POINT: We will not let you hire us if we believe you are ineligible to have your record sealed or expunged.

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Q4: Can I expunge an arrest that occurred in another state?
A4: Yes, however an arrest in another state would fall under that state's laws.  If they allow a criminal record to be expunged you would have to hire an attorney in that state to file for it pursuant to that state's procedure.

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Q5: What is the basis for your legal fee?
A5: We don't ask for a dime until we check to see if you are eligible (there may be a small research fee if your case is old but this is put towards total legal fee if eligible).  We have been doing this for over 10 years.  We know what we are doing.  We also know what potential problems may occur and how to correct them. 

If we say you are eligible, we are pretty sure that we can do what you hire us for - and if we see any possible problems we will point them out before you hire us.  With us, you definitely get what you pay for...  Don't base your decision on what is written here - call us.

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Q6: Can I be eligible and still have my Florida expungement request denied?
A6: Yes.  This request to seal or expunge your record is a discretionary action by the court, meaning that the court can deny your petition for any reason.  Well, that is what the statute says - however, Florida case law is fairly clear that there needs to be a legitimate reason for denying a petition to seal or expunge that meets all the criteria required by law (this is what we screen our clients for before they hire us).  So the real answer is that there has to be a good reason for the court to deny your request if you qualify.  We will go over these possibilities once we know more about your case.

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Q7: Do I Need to attend the hearing if I hire an attorney?
A7: If you live out-of-state/country our policy is to have the hearing without your presence (unless we are told otherwise in advance).  This allows the possibility of resolving the petition without the added cost of travel.  If the Court wants you to attend we can reset the hearing for a later date.  If you are within the state it is to your benefit to attend the hearing.

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Q8: If I was convicted of a crime and I completed all my punishment and then I received a full pardon am I now eligible to have my criminal record expunged?
A7: Unfortunately, under Florida law a full pardon will not alleviate any of the barriers that s. 943.0585 F.S. currently has.  The Florida Supreme Court stated this in the case of R.J.L. v. State, 887 So.2d 1268 (Fla. 2004).  The case is currently controlling on the issue of pardons and the affect on eligibility to expunge a criminal record.  For complete details read further on Florida Pardon Effects.

Can I do this myself?

• Yes, anyone can represent themselves.
• It is not difficult if you know what you are doing and avoid the pitfalls.
• If time is of the essence then do not try this on your own.
• Our Law Office knows exactly what we are doing.
• Make it easy on yourself and have a professional expunge your record.
• The fees are reasonable.
• Our links page has some helpful information.
• We can finish a case after you have started it.
• We can determine if you qualify before we start - we won't waste you money or time.