Broward County Expungement Lawyer
A criminal record has a way of following people long after a case is resolved, affecting job applications, housing searches, professional licenses, and sometimes even the ability to volunteer in a school. For many people, the Florida expungement process offers a genuine path forward. Koether Law, P.A. works with individuals throughout Broward County and the surrounding region who want to clear eligible records and move on with their lives. Broward County expungement lawyer Stephanie Koether brings the same personal attention to these cases that she applies to every matter at this firm: listening carefully, explaining what is actually possible, and working toward a result that makes a real difference.
What Florida Actually Allows When It Comes to Sealing and Expunging Records
Expungement and record sealing are often used interchangeably, but they are not the same thing under Florida law. An expunged record is physically destroyed by law enforcement agencies and is essentially treated as if the arrest or charge never happened for most purposes. A sealed record is not destroyed but is hidden from the general public and accessible only to certain government entities. Both carry meaningful benefits, and understanding which one you qualify for depends heavily on the details of your case.
Florida law is specific about eligibility. You may pursue expungement if the state attorney declined to file charges, if your case was dismissed outright, or if you received a withhold of adjudication and have since completed any required terms. You may generally seek to seal a record if you received a withhold of adjudication on a charge that is eligible under statute. What matters most is that Florida limits each person to one expungement and one sealing in a lifetime, with very few exceptions. Some offenses are categorically ineligible no matter how the case was resolved.
- Arrests that did not result in a conviction are often expungeable, but the process still requires a formal petition.
- Charges resolved with a withhold of adjudication may qualify for sealing, and sealed records may later become eligible for expungement after a waiting period.
- Certain disqualifying offenses, including most felonies involving violence, sexual offenses, and domestic violence charges, cannot be expunged or sealed under Florida Statutes Section 943.0515 and 943.059.
- Juvenile records have separate procedures and different eligibility rules from adult criminal records.
- Federal agencies, including immigration authorities, may still access records that have been expunged under state law.
One thing people frequently learn too late is that even a charge that was dropped or never filed can sit in public databases for years unless affirmative action is taken. Credit reporting services, background check companies, and landlord screening platforms often pull data that courts have not formally cleared. Going through the expungement process is what triggers the legal obligation for agencies to update or destroy that information.
How Broward County Expungement Cases Actually Move Through the System
The process begins well before anything is filed with a court. The first step is obtaining a certificate of eligibility from the Florida Department of Law Enforcement. That requires submitting a completed application, fingerprints, and a certified copy of the disposition from your case. FDLE reviews your criminal history statewide and determines whether you meet the baseline criteria. If they approve the application and issue the certificate, you are then authorized to file the petition with the circuit court.
In Broward County, expungement petitions are filed in the Seventeenth Judicial Circuit Court. The state attorney’s office receives notice and has the opportunity to object. A hearing may be scheduled depending on the circumstances. The judge has discretion under Florida law to grant or deny a petition even when the technical criteria appear to be satisfied, which is one reason representation matters. A judge who hears a well-organized, clearly presented petition is in a better position to understand the full picture than one who receives a bare filing without context.
Once an order is granted, it goes out to every agency that holds a record of the arrest or charge, directing them to expunge or seal their records. This includes law enforcement agencies, the clerk of court, and any other entity listed in the order. The process of records actually being updated takes additional time, and it is worth following up to confirm that background check databases have reflected the change.
The timeline from start to finish typically runs several months. FDLE processing alone can take a number of weeks. Delays at the clerk’s office or a backlog in the state attorney’s review can extend things further. Starting this process sooner rather than later matters, particularly for people facing a job search, housing application, or professional license renewal in the near term.
Why the Fort Lauderdale Area Criminal History Landscape Creates Specific Complications
Broward County has one of the larger criminal court systems in Florida. That volume means case records from different municipalities, including Fort Lauderdale, Pembroke Pines, Hollywood, Coral Springs, and Miramar, can each have their own documentation trails. It is not uncommon for someone to have had contact with multiple law enforcement agencies over the years, and each of those contacts may show up separately in background searches even if none resulted in a conviction.
The county’s proximity to Miami-Dade and its role as an entry point through Fort Lauderdale-Hollywood International Airport also means that immigration questions intersect with expungement questions more often here than in some other jurisdictions. For non-citizens, the interaction between state expungement law and federal immigration law is a real and serious consideration. Florida state courts do not control what federal agencies can access, and a record that is cleared for state purposes may still be visible to USCIS or customs officials.
Employment in industries concentrated in Broward County, including healthcare, financial services, aviation, and hospitality, often requires background checks that go beyond basic public records. Some professional licensing boards conduct their own independent reviews. Expungement helps with what civilian employers see, but licensing boards and professional associations operate under different standards, and some will ask about sealed or expunged records directly on applications. That is a nuance worth discussing in detail before assuming that expungement resolves every employment-related concern.
Questions Worth Asking Before You File Anything
What is the difference between expungement and sealing in Florida?
Expungement results in the physical destruction of records and provides broader protections. Sealing hides records from the public but does not destroy them, and certain agencies can still access sealed records. Which option you qualify for depends on how your case was resolved and what charge was involved.
Can I expunge a record if my case was dismissed?
Generally yes, if no other disqualifying factors apply and you have not previously received an expungement or sealing. A dismissal is one of the stronger factual scenarios for expungement eligibility. However, you still need to go through the FDLE certification and court petition process.
Will expungement help with employment background checks?
For most private employers, yes. Companies using standard consumer reporting agencies to run background checks will typically not see records that have been lawfully expunged. However, some industries and licensing boards have access to records that others do not, and federal employers and law enforcement agencies are generally exempt from state expungement orders.
How long does the process take in Broward County?
Most cases take anywhere from four to eight months from start to finish, sometimes longer depending on FDLE processing times, court scheduling, and whether the state attorney raises any objections. Starting early is the best way to avoid delays when you have a specific deadline in mind.
What happens if FDLE denies my certificate of eligibility?
A denial from FDLE typically means you do not meet the statutory criteria, often because of a prior expungement or sealing, a disqualifying offense in your history, or a prior adjudication of guilt. In some cases, the denial reflects an error in records that can be corrected. Understanding the specific reason matters before deciding how to proceed.
Does expungement affect my ability to own a firearm?
Florida’s expungement statutes do not automatically restore firearm rights that were lost due to a felony conviction, because expungement generally is not available to people with adjudications of guilt. If you received a withhold of adjudication and sealed or expunged the record, there are specific rules about how that record can be used when answering questions on a federal firearms form. This is a nuanced area worth discussing carefully.
What do I tell employers who ask about sealed or expunged records on an application?
Under Florida law, once a record is expunged, you may legally deny that the arrest or charge occurred in most contexts. There are specific exceptions, including applications for certain law enforcement positions and some professional licenses. Knowing exactly which exceptions apply to your field is an important part of planning before you complete applications.
Clearing Your Record With Koether Law, P.A.
Stephanie Koether founded this firm to give clients the kind of direct, personal attention that is often hard to find. If you are exploring the Broward County record expungement process, that means sitting down with someone who will actually review your specific history, walk through your eligibility honestly, and handle every step with the care the process deserves. Koether Law, P.A. serves clients throughout Broward County and the broader South Florida area. Contact the firm today to get a clear picture of where you stand and what a clean record could mean for your future.
