Fort Lauderdale Expungement Lawyer
A criminal record does not have to follow you forever. Florida law gives qualifying individuals a genuine path to sealing or expunging arrests and charges, and for many people in Broward County, that path is more accessible than they realize. The catch is that the process has real requirements, real deadlines, and real disqualifiers that can sink a petition if they are not handled carefully. A Fort Lauderdale expungement lawyer at Koether Law, P.A. can evaluate your eligibility, prepare your petition correctly the first time, and represent your interests through every step of the process so that a past mistake stops defining your future.
What Florida Law Actually Allows for Record Sealing and Expungement
Florida Statutes Chapter 943 governs both sealing and expungement, and the distinction between the two matters more than most people realize. When a record is sealed, it is hidden from public view but still exists and can be accessed by certain government agencies, employers requiring background checks by law, and courts in future criminal proceedings. When a record is expunged, the physical and electronic records are destroyed, and in most circumstances you can legally deny that the arrest ever occurred. Both offer meaningful relief, but expungement goes considerably further.
To qualify, a person generally must not have been adjudicated guilty of the offense in question, must not have a prior sealing or expungement on record in Florida, and must not have been convicted of any disqualifying felony or misdemeanor. Charges that were dropped, dismissed, or resolved without an adjudication of guilt are typically the strongest candidates. A number of serious offense categories are permanently excluded from eligibility regardless of how the case resolved, including certain sex offenses, domestic violence charges, and crimes against minors.
Records That Can Qualify and Common Situations We See in Broward County
Broward County residents come to us with a wide range of situations. Some had a youthful arrest that never led to a conviction. Others completed a diversion program for a first-time offense and were told their record would be clean, only to discover it is still showing up in background checks. Others were arrested on charges the state later dropped but have been dealing with the consequences ever since. Florida law provides options for many of these situations, though eligibility depends heavily on the specific charges and what happened in court.
- Charges dropped before trial or nolle prossed by the state attorney’s office are among the most common candidates for expungement in Broward County.
- Successful completion of a pretrial diversion program, including drug court, may allow a defendant to petition for expungement once the program is complete.
- An arrest where no formal charges were ever filed can often be expunged, even without any formal court action.
- Juvenile records are subject to their own expungement rules under Florida law and can sometimes be cleared with fewer restrictions than adult records.
- A withhold of adjudication, where the court withholds a formal finding of guilt, may qualify for sealing rather than full expungement under certain circumstances.
One thing that surprises many people is that arrests from years or even decades ago can still appear prominently on background checks run by landlords, employers, and licensing agencies. The Broward County court system maintains electronic records that feed into state and national databases, and without a formal sealing or expungement order, those records remain visible. Knowing that a case is old does not make it disappear.
How the Petition Process Works in Practice
The expungement process in Florida begins with obtaining a certificate of eligibility from the Florida Department of Law Enforcement, also known as FDLE. That application requires a certified disposition of the case, a set of fingerprints, and supporting documentation confirming that the applicant meets the statutory criteria. FDLE reviews the application and either issues the certificate or denies it. Without a certificate, the court will not entertain a petition.
Once the certificate is in hand, the petition itself is filed with the circuit court in the county where the arrest occurred. For most Fort Lauderdale cases, that means the Seventeenth Judicial Circuit in Broward County. The state attorney’s office receives a copy and may file an objection. Most petitions that are properly prepared and clearly qualify do not face an objection, but they do require a judge’s signature, and some judges have scheduling practices and preferences that affect how long the process takes from filing to order.
After the court issues the order, copies go to every agency that holds a record of the arrest: FDLE, the arresting agency, the clerk of courts, and any other entity listed in the petition. Each agency has an obligation to seal or destroy the records in accordance with the order. Confirming that this step is complete is something our office handles, because an outstanding record at one agency can undermine the practical effect of the entire order.
From start to finish, the process typically takes several months. FDLE processing alone can take a number of weeks. Rushing is not possible, but errors are avoidable with careful preparation at the outset.
Questions We Hear Most Often About Expungement in Fort Lauderdale
Can I expunge a charge even if I completed probation?
Completing probation does not automatically disqualify you, but it depends on whether an adjudication of guilt was entered. If the court withheld adjudication, you may still be eligible for sealing. If you were formally convicted, probation completion alone does not open the door to expungement in Florida.
Will an expunged record show up on a background check?
After a successful expungement, the record should not appear in standard background checks conducted by employers or landlords. Certain government entities, law enforcement agencies, and courts can still access expunged records in specific circumstances, but for most everyday purposes, the record is gone.
Does expungement restore my right to own a firearm?
Not necessarily. Federal law governing firearms eligibility operates independently of Florida state expungement law. Even with an expunged record, federal restrictions tied to certain underlying conduct may still apply. This is worth discussing before the petition is filed if it is a concern.
What happens if I have arrests in multiple counties?
Each arrest is its own matter, and each must be addressed separately in the county where it occurred. Having a prior sealing or expungement in Florida generally makes you ineligible for another one, so if multiple arrests are involved, the order in which they are addressed, and whether any of them disqualify you altogether, requires careful analysis upfront.
Can I apply for expungement on my own without a lawyer?
Florida law does not require an attorney to file a petition. That said, errors in the FDLE application or the petition itself can result in denial, and FDLE denial letters do not always make the problem easy to identify. Because most people only have one shot at this process due to Florida’s single-expungement rule, the cost of a mistake is high relative to the cost of getting it right from the beginning.
How long does an expunged record stay on court databases?
Once an expungement order is processed, agencies are required to destroy or remove the records. The Broward County Clerk of Courts and FDLE both comply with valid orders. The timeline for physical and digital removal can vary by agency, but our office follows up to confirm compliance rather than assuming the order speaks for itself.
Does expungement apply to civil records related to the same incident?
Florida’s expungement statutes apply to criminal records maintained by criminal justice agencies. Civil court records arising from the same incident are separate and are not affected by a criminal expungement order. If there are civil records at issue, those require a different analysis entirely.
Ready to Clear Your Record? Talk to a Fort Lauderdale Criminal Record Attorney
Stephanie Koether founded Koether Law, P.A. with the belief that close, personal attention to each client’s situation produces better results than a high-volume approach where files get processed rather than handled. That philosophy applies here. Expungement petitions are not complicated in the abstract, but they require someone who actually reviews the details of your specific arrest, your specific case outcome, and your specific background, rather than running everyone through the same form. If you are in Fort Lauderdale or anywhere in Broward County and want to know whether your record qualifies for sealing or expungement, reach out to our office to schedule a consultation with a Fort Lauderdale expungement attorney who will give your situation the attention it deserves.
