Your criminal record is an important reflection of your standing within your community. The attorneys at O'Mara Law Group can help you improve your prospects for the future by ensuring that your record is either sealed or expunged entirely.
Record Sealing & Expungement Overview
What Are Record Sealing and Expungement?
For those who qualify, sealing and expungement are legal processes to hide or remove criminal case records from public view. The difference between these two processes is in the level of restriction placed on the records. State law on sealing and expungement is found in the Florida Statutes as follows:
- Section 943.059 -- Court-ordered sealing of criminal records: A sealed record is not accessible to the public. However, it is still available to specific government entities, such as licensing agencies and law enforcement. The statute details eligibility, which records may be sealed, and other aspects of the sealing process.
- Section 943.0585 – Court-ordered expunction of criminal history records: This statute outlines the conditions for expunging criminal records in Florida, specifying which cases qualify, eligibility criteria, and the procedure for petitioning to expunge a record. Expungement is a more comprehensive form of relief than sealing. The records are physically destroyed, removing nearly all traces of the arrest and charges. However, certain government agencies may still have access to the information.
Get the Legal Help You Need Now.
Who Is Eligible for Sealing or Expungement?
Eligibility for sealing records or an expungement in Florida depends on specific criteria; not all cases qualify. The following factors affect eligibility:
- Type of offense: Only certain criminal offenses qualify for sealing or expungement. Ineligible offenses include violent crimes, such as murder or assault; sexual offenses, including sexual battery; and crimes involving minors. Charges dismissed or for which you were found not guilty may be eligible for expungement, while other charges may qualify for sealing.
- Conviction status: You must not have been found guilty or pleaded guilty to the offense for which you seek sealing or expungement. You may qualify under certain conditions if you received a withhold of adjudication in which the court did not formally convict you.
- Record status: In Florida, the general rule is that you may only seal or expunge one record in your lifetime. Even if the charges would otherwise qualify, you may not pursue the process again if you have already sealed or expunged a record. Limited exceptions to this rule include administrative expungement for a record that stems from an arrest made in error (wrongful arrest or mistaken identity), automatic expungement of juvenile records, and special court orders in unusual cases.
Steps in the Expungement Process in Florida
Clearing your criminal record through expungement can open doors to new opportunities, but the process requires careful attention to detail. The attorneys at O'Mara Law Group guide clients through every step to ensure the best possible outcome. Key steps in the expungement process include:
- Determine eligibility – Review your criminal record to see if your offense qualifies for expungement or sealing.
- Gather necessary documents – Collect court records, arrest reports, and any other required paperwork.
- FDLE Approve - Florida Department of Law Enforcement is the first part of the expungement process as they provide the initial approval for the expungement.
- File a petition with the court – Submit your expungement Petition to the appropriate Florida court.
- Notify relevant agencies – Law enforcement and state agencies must be informed of your petition.
- Attend hearings if required – Some cases may require a court hearing to review your request.
- Receive the court’s order – Once approved, your record is expunged or sealed according to Florida law.
What Are the Benefits of Sealing or Expunging Records?
Removing a criminal record can provide substantial benefits, including the following:
- Employment opportunities: Many prospective employers run background checks. Even a minor criminal record could disqualify you from certain positions. Sealing or expunging a record makes it possible to pursue a career without these limitations.
- Educational pursuits: Some colleges and professional training programs require applicants to disclose any criminal history. A sealed or expunged record could help open doors to more education and training opportunities.
- Housing access: Like employers, landlords frequently conduct background checks on prospective tenants. A visible record could limit your housing options while expunging or sealing could expand your choices.
Why Choose Us for Sealing or Expungement in Orlando?
Criminal charges can have serious and lasting consequences, from fines and probation to potential jail time. Facing Florida’s criminal justice system on your own can feel overwhelming, especially when your freedom, reputation, and future are at stake. At O’Mara Law Group, our criminal defense attorneys in Orlando provide experienced, strategic representation designed to protect your rights and pursue the best possible outcome for your case.
- Our team brings decades of combined experience handling a wide range of criminal matters. Mark O’Mara, founding partner of O’Mara Law Group, is one of the few attorneys in Florida board-certified in both Criminal Trial Law and Marital and Family Law. His extensive courtroom experience and commitment to strong advocacy have helped him defend clients facing serious criminal allegations.
- Our attorneys have also earned recognition as Super Lawyers and Top 100 Trial Lawyers, reflecting our commitment to providing dedicated, client-focused representation. We carefully evaluate the circumstances of every case and pursue every available legal strategy to seek reduced penalties, protect your freedom, and minimize the impact of criminal charges on your life.
If you are facing criminal charges in Florida, you do not have to navigate the legal system alone. Contact O’Mara Law Group today to schedule a consultation with our criminal defense attorneys in Orlando and learn how we can help protect your rights and your future.
Record Sealing & Expungement FAQs
Who has access to my criminal record?
In Florida, your criminal record can be seen by law enforcement, courts, the public, employers, and licensing boards. Expungement or sealing can limit who has access, helping you protect your privacy and future opportunities.
Can I have more than one record expunged?
Yes, you may be able to clear multiple records. Each record must meet Florida’s eligibility requirements, and an attorney at O’Mara Law Group can help review your history to determine which ones qualify.
How long does the expungement process take?
The process can take several months to over a year, depending on your case and the court’s schedule. Working with our experienced team can help keep things moving smoothly.
Can I request the expungement of a juvenile record?
Yes, certain juvenile records can be expunged or sealed if you meet Florida’s requirements, giving you a fresh start as you move forward in life.
How much does expungement cost in Florida?
Filing fees are generally around $75, but attorney fees may vary. Investing in an experienced legal team, like O'Mara Law Group, can help ensure your petition is handled correctly and efficiently.
Will I need to appear in court?
Not always. Many expungement cases are handled through paperwork alone, but some may require a court hearing if there are complications or objections. We can guide you through the process and explain what to expect.
