St. Johns County Expungement Lawyer
A criminal record follows you into job applications, rental screenings, professional licensing reviews, and background checks run by people you may never meet. Florida law gives qualifying individuals a legal path to seal or expunge those records, removing them from public view or destroying them entirely. For residents in St. Johns County dealing with the weight of an old arrest or conviction, understanding exactly what that process requires, and whether you qualify, is the place to start. Koether Law, P.A. helps clients work through Florida’s expungement and sealing process so they can move forward without a record standing in the way. If you need a St. Johns County expungement lawyer, our firm brings the same hands-on approach to this process that we apply across every area of our practice.
What Sealing and Expungement Actually Do in Florida
Florida law treats sealing and expungement as two distinct remedies, and the difference matters. When a record is sealed, it still exists but is hidden from most public searches. When a record is expunged, the physical and electronic records are physically destroyed or obliterated, and in most circumstances you can legally deny the arrest ever occurred. Both outcomes have real value, but expungement is the stronger remedy and has stricter eligibility requirements.
Florida Statute 943.0585 governs expungement, while 943.059 covers record sealing. The Florida Department of Law Enforcement handles the certificate of eligibility that must be obtained before a court order can be issued. The process is not automatic after a case ends. You must actively petition for it, meet all eligibility criteria, obtain the certificate, and get a judge to sign the order. There are also situations where records remain visible even after sealing or expungement, specifically to certain government agencies, licensing boards, and in some professional contexts. Knowing those exceptions in advance helps you make an informed decision about whether and when to file.
Eligibility Is More Narrow Than Most People Expect
Florida limits who can seal or expunge a record, and several categories of offenses are permanently disqualifying regardless of how long ago they occurred or what happened at trial. Before investing time in the application process, it is worth reviewing the specific criteria that apply to your situation.
- You can only seal or expunge one record in your lifetime under Florida law, so strategic timing matters if you have multiple qualifying arrests.
- Charges involving sexual offenses, domestic violence, child abuse, and certain weapons offenses are statutorily ineligible for either sealing or expungement.
- To expunge a record, the charges must have been dismissed, dropped, or otherwise resolved without a conviction, including withhold of adjudication in most circumstances.
- A prior sealing or expungement anywhere in the country typically disqualifies you from a second sealing in Florida.
- Any adjudication of guilt in Florida, even for a minor offense, generally makes you ineligible to seal any other record on your history.
The one-lifetime rule is the provision that catches people off guard most often. Someone who sealed a minor offense years ago may find they cannot seal or expunge a more significant arrest that happened later. Reviewing your full criminal history before filing, and getting a clear read on what qualifies and what does not, is essential before beginning the application process with FDLE.
How the Process Works in St. Johns County
St. Johns County falls under the Seventh Judicial Circuit of Florida, which handles expungement petitions through the St. Johns County Clerk of Court in St. Augustine. The process begins with obtaining a certified disposition of the case you want expunged and submitting a formal application to FDLE for a certificate of eligibility. FDLE reviews your criminal history statewide and determines whether you meet the statutory requirements. If the certificate is issued, you then file a petition in the circuit court along with the certificate, a supporting affidavit, and a proposed order for the judge’s signature.
The state attorney’s office receives notice and has the opportunity to object. While objections are relatively uncommon when the paperwork is in order and the statutory criteria are clearly met, they do happen, and a contested petition requires a hearing before a judge. Once the order is signed, certified copies go to every agency that holds a record of the arrest, each of which must comply with the destruction or sealing requirement. The timeline from start to finish often runs several months, with FDLE’s review process accounting for a significant portion of that time.
St. Augustine and the surrounding St. Johns County communities have grown considerably in recent years, and employers in the area, including those tied to tourism, healthcare, education, and real estate, routinely conduct background checks as a standard part of hiring. That practical reality makes the expungement process worth pursuing when you qualify.
Questions Clients Ask About Expungement in Florida
Can I get my record expunged if the charges were dropped?
Yes. A dismissal, nolle prosequi, or other resolution that does not result in a conviction is often the basis for an expungement petition. The key is that there was no adjudication of guilt. A withhold of adjudication may qualify for sealing in most cases, but the specific charge matters because certain offenses are excluded by statute even when adjudication was withheld.
Does expungement restore my gun rights in Florida?
Expungement addresses your state criminal record. It does not automatically restore federal firearms rights, which are governed by separate federal law. If firearms rights are a concern, that issue needs to be analyzed separately from the expungement process itself.
Will employers still see my record after it is expunged?
For most private employers running standard background checks, an expunged record will not appear. However, certain government agencies, law enforcement, and regulatory boards that handle professional licensing are permitted by statute to see sealed or expunged records. If you are applying for a position that requires a state or federal license, it is worth understanding which exceptions apply before assuming the record is fully invisible.
How long does the process take from start to finish?
Timelines vary, but from the date you submit the FDLE application to the date a court order is signed and distributed, most cases take roughly four to six months. FDLE’s processing time is typically the longest phase. Delays can also occur if any agency that received notice has records that need to be located and destroyed.
Can I expunge a juvenile record in Florida?
Florida has separate provisions for juvenile records under Chapter 943.0515. Some juvenile records are destroyed automatically at certain ages, while others require a petition. The rules differ from the adult expungement process, and whether a juvenile record is affecting your current situation depends on the specific offense and how it was handled by the court.
What if FDLE denies my certificate of eligibility?
A denial from FDLE typically means the agency found something in your history that makes you ineligible under the statute. Common reasons include a prior sealing or expungement, an adjudication of guilt somewhere on your record, or the offense falling into a disqualifying category. Denials can sometimes be challenged, particularly if the determination was based on incorrect or incomplete criminal history data.
Does sealing a record let me say I was never arrested?
Sealing does not give you the same legal protection as expungement when it comes to acknowledging the arrest. After expungement, Florida law generally allows you to deny the existence of the arrest in most situations. After sealing only, that is not the case. If the ability to deny an arrest is important to your goals, expungement is the remedy to pursue if you qualify.
Start the Process with Koether Law, P.A.
Stephanie Koether founded this firm with the belief that clients deserve an attorney who takes a genuine interest in their situation, not just their paperwork. That applies to every matter we handle, including record relief. Pursuing a Florida record expungement in St. Johns County means navigating a process with specific statutory requirements, agency deadlines, and court filings that all need to be handled correctly the first time. Our office works directly with clients from the initial eligibility review through the final order, making sure the petition is prepared properly and that nothing delays or derails the relief you are seeking. Contact Koether Law, P.A. to find out whether your record qualifies and to get started.
