Brevard County Expungement Lawyer
A criminal record follows you in ways that are easy to underestimate until you are denied a job, turned down for housing, or rejected from a professional licensing program. Florida law gives eligible individuals a real path to seal or expunge records, but the process is specific, the eligibility rules are strict, and a single misstep in the paperwork can delay or derail the whole effort. At Koether Law, P.A., Stephanie Koether works closely with clients to evaluate eligibility, prepare every required filing, and move their cases through the Florida Department of Law Enforcement and Brevard County court system as efficiently as possible. If clearing your record is something you have been putting off, the time to get clear answers about your options is now.
What Florida Law Actually Allows: Sealing vs. Expungement
People often use “expungement” as a catch-all term, but Florida draws a meaningful distinction between sealing a record and expunging one. The difference matters both for eligibility and for what the outcome actually looks like.
When a record is sealed, it is hidden from public view. Most employers, landlords, and the general public cannot access it. However, certain government agencies, law enforcement, and licensed professions can still see a sealed record in specific circumstances. When a record is expunged, the physical record itself is destroyed or returned to you, with a limited exception that allows law enforcement to retain a reference to the case. A person whose record has been expunged can legally deny the arrest in most contexts, including on most job applications.
The eligibility rules differ too. To have a record expunged in Florida, you must not have been adjudicated guilty of any criminal offense at any time, and the charge being expunged must have been dismissed, dropped, or resolved without a conviction. Sealing is available in some situations where adjudication was withheld rather than entered. Florida also limits a person to one sealing or expungement in their lifetime, with narrow exceptions, so choosing the right path the first time matters.
Common Situations That Qualify, and Some That Do Not
Brevard County residents come to this process from many different starting points. Some were arrested on charges that never resulted in a conviction. Others completed a diversion program. Still others had adjudication withheld and completed probation years ago without realizing the record was still accessible. Understanding whether your specific situation qualifies requires looking at the actual case history, not just a rough recollection of what happened.
- Arrests where the state attorney declined to file charges often qualify for expungement once the waiting period passes
- Cases resolved through pretrial diversion programs, including drug court or first-offender programs, may be eligible if the charge was subsequently dismissed
- Charges dismissed by a judge after a motion to suppress or other ruling may qualify even if the case went further into the court process
- A withheld adjudication followed by successful completion of probation is the most common qualifying scenario for sealing
- Certain offenses are categorically ineligible regardless of outcome, including most sex offenses, domestic violence charges, and many violent felonies
- Having a prior sealing or expungement on your record in Florida will typically disqualify you from seeking another one
If you are unsure which category your case falls into, that uncertainty is worth resolving directly. Reviewing the actual docket and disposition from the Brevard County Clerk of Courts is the starting point, and Stephanie Koether can help you work through what that history means for your eligibility.
How the Process Works in Brevard County
Florida’s expungement and sealing process runs through multiple agencies and the local court, which means the timeline is rarely quick. Most cases take several months from start to finish when everything goes smoothly. The first step is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement. That requires a completed application, fingerprints, a certified disposition from the court where your case was handled, and a sworn statement. FDLE reviews the application and issues the certificate if you qualify, then you file a petition for expungement or sealing with the Circuit Court in Brevard County.
The state attorney’s office receives notice of the petition and has an opportunity to object. In most straightforward cases there is no formal objection, but prosecutors do sometimes contest petitions, particularly when the case involved a serious offense or when they question whether the statutory requirements are met. If there is a hearing, Stephanie Koether appears with you and addresses any objections directly. If the petition is granted, the court issues an order directing all relevant agencies to seal or destroy the records, and those agencies then carry out the order.
One detail that surprises many people is that even after an expungement order is signed, you may still need to follow up with individual agencies to confirm the records have actually been destroyed or updated. Federal databases and private background check companies operate on different timelines and are not always covered by a state court order, which is a limitation worth understanding before you have expectations about when the record disappears everywhere.
Questions Clients Ask About Expungement in Brevard County
Will an expunged record show up on a background check?
After a Florida expungement is completed, the record should not appear in state criminal history checks. However, some private background check companies aggregate public records and may not update their databases promptly. Federal background checks, particularly those required for government employment or security clearances, operate under federal rules and may still surface information related to an expunged state record. Setting accurate expectations about this ahead of time is part of how Koether Law approaches these cases.
Can I legally say I was never arrested after an expungement?
Generally yes, with important exceptions. Florida law allows a person whose record has been expunged to deny the arrest when asked by most private employers and on most applications. However, you cannot deny the arrest when applying for positions in law enforcement, when seeking to be licensed by certain professional boards, or in other specific contexts defined by statute. A sealing does not carry the same right, so knowing which relief you received and what it permits matters in practice.
How long does the process take from start to finish?
Most Florida expungement and sealing cases take between four and six months, though some take longer depending on FDLE processing times, court scheduling in Brevard County, and whether any complications arise. Starting the process sooner rather than waiting for an immediate need gives you the most flexibility.
Does it cost anything beyond attorney fees?
Yes. There are filing fees, fees for obtaining certified court documents, and FDLE processing fees. These costs vary and are separate from legal fees. Koether Law walks clients through all anticipated costs at the outset so there are no surprises.
What if I was convicted of a felony years ago?
A prior conviction, even an old one, typically disqualifies a person from both sealing and expungement under Florida law. A withheld adjudication is different from a conviction, and that distinction is often misunderstood. If you are unsure whether your case resulted in a conviction or a withheld adjudication, that information is available in your official court records and is worth confirming before assuming you do not qualify.
Can a juvenile record be expunged?
Florida has a separate process for juvenile records, and many juvenile offenses are eligible for expungement under different rules than adult records. Adults who had juvenile records may also have grounds to pursue relief. The specifics depend on the nature of the offense and how the case was resolved in the juvenile system.
Does sealing or expungement restore my gun rights?
Not automatically. Florida’s expungement process addresses your criminal history record, but it does not necessarily restore civil rights affected by a criminal case, including firearm rights in certain situations. If restoring specific rights is a goal, that is a separate legal question that should be addressed on its own.
Ready to Clear Your Record? Talk to Koether Law, P.A.
Koether Law, P.A. is a Brandon-based firm that handles cases throughout the surrounding region, including Brevard County. Stephanie Koether founded this firm with a specific commitment to giving clients real attention, not just processing paperwork, and that applies to record clearing cases as much as any other matter. If you are ready to find out whether you qualify and what the process looks like for your specific record, reach out to schedule a consultation with a Brevard County expungement attorney who will take the time to review your actual history and give you a straight answer.
