Founding Attorney
In Florida, sealing or expunging a criminal record may allow eligible individuals to limit who can see their criminal history. While not every arrest or conviction qualifies, clearing an eligible record can improve employment, housing, education, and professional licensing opportunities. A criminal defense attorney can determine whether you qualify and guide you through Florida’s application process.
What Is the Difference Between Sealing and Expunging a Criminal Record?
Although the terms are often used interchangeably, they have different meanings under Florida law.
Sealing a Criminal Record
When a record is sealed, it is removed from public view but is not destroyed. Certain government agencies and employers may still be able to access sealed records under limited circumstances.
For many people, sealing a record prevents most private employers, landlords, and members of the public from viewing the case during a background check.
Expunging a Criminal Record
An expunged record is physically destroyed by the agencies that maintain it, although the Florida Department of Law Enforcement retains a confidential copy that can only be accessed in limited situations authorized by law.
Expungement generally provides greater privacy than sealing because the record is no longer publicly available.
Who Qualifies to Seal or Expunge a Criminal Record in Orlando?
Eligibility depends on several factors, including how the criminal case ended and your prior criminal history. In general, you may qualify if:
- You were not convicted of the offense.
- The charges were dismissed, dropped, or you were acquitted.
- You meet Florida’s statutory eligibility requirements.
- You have not previously sealed or expunged another criminal record, with limited exceptions.
Not every case qualifies. Certain offenses are excluded from sealing, and a criminal conviction generally makes a case ineligible for expungement.
Because eligibility rules can be complex, having your record reviewed before beginning the process can save time and avoid unnecessary delays.
What Crimes Cannot Be Sealed or Expunged?
Florida law excludes certain offenses from being sealed, even when other eligibility requirements are met. Examples of offenses that may not qualify include:
- Violent crimes
- Sexual offenses
- Child abuse offenses
- Homicide offenses
The specific restrictions are established by Florida law and depend on both the offense and the outcome of the case.
How Does the Sealing or Expungement Process Work?
The process involves more than simply filing paperwork with the court.
Generally, it includes:
- Determining whether you qualify
- Applying for a Certificate of Eligibility through the Florida Department of Law Enforcement (FDLE)
- Filing a petition with the appropriate court
- Providing notice to the prosecutor and other required agencies
- Attending a hearing if one is required
- Receiving a court order if the petition is granted
Because courts carefully review these petitions, submitting complete and accurate documentation is important.
How Long Does the Process Take?
The timeline varies depending on the court and the processing time for the Certificate of Eligibility. In many cases, the process takes several months from beginning to end.
Delays may occur if:
- Required documents are incomplete
- Additional information is requested
- Court scheduling affects hearing dates
What Are the Benefits of Sealing or Expunging Your Record?
Clearing an eligible criminal record can remove barriers that continue long after a case has ended. Potential benefits include:
- Improved employment opportunities
- Better housing prospects
- Greater educational opportunities
- Reduced background check concerns
- Increased privacy
While some government agencies and employers may still have access to sealed records, many people experience meaningful improvements after successfully completing the process.
Can an Attorney Help With the Process?
Although individuals may file petitions on their own, eligibility issues and procedural requirements often create challenges.
The Law Offices of Jose E. Lopez can help:
- Determine whether you qualify
- Identify records that may be eligible
- Prepare and file the required paperwork
- Respond to court requirements
- Represent you if a hearing becomes necessary
In short, a well-conceived legal strategy can reduce delays and improve the likelihood of a successful petition.
Take the Next Step Toward Clearing Your Record
A past arrest does not have to define your future. If you may qualify to seal or expunge your criminal record, taking action now could open new opportunities for employment, housing, and other aspects of your life.
The Law Offices of Jose E. Lopez, P.A. helps clients throughout Orlando and Orange County determine whether they qualify to seal or expunge eligible criminal records. Contact our office today to schedule a free consultation and discuss your options.