Martin County Expungement Lawyer
A criminal record follows you in ways that aren’t always obvious until the moment it matters most. A landlord pulls your background. An employer runs a check before extending an offer. A professional licensing board flags an old arrest. Florida law gives many people a genuine path to clear or seal those records, but the process requires meeting specific eligibility requirements, filing in the right court, and navigating a state agency review that takes months. Koether Law, P.A. works with clients seeking Martin County expungement representation to move through that process accurately and without avoidable delays.
Expungement and Sealing in Florida Are Not the Same Thing
Florida law draws a clear line between expungement and record sealing, and which one you qualify for depends on how your case resolved. If adjudication was withheld and you completed any sentence or probation, you may be eligible to have the record sealed. If the charges were dismissed, dropped, or you were acquitted, expungement may be available, which goes further by physically destroying the records held by the courts and law enforcement agencies.
Sealing does not destroy records, but it does restrict who can access them. Most private employers, landlords, and the general public lose access to a sealed record. Expunged records are treated as though the arrest never occurred for most purposes under Florida law, with limited exceptions for certain government positions, licensing boards, and law enforcement agencies that retain the legal right to see expunged records.
Understanding which remedy applies to your situation is the first step. Filing for the wrong one, or applying when you do not yet meet the statutory waiting periods or eligibility criteria, wastes time and starts a clock running on the FDLE review process unnecessarily.
Who Qualifies and What Can Disqualify You
Florida’s eligibility rules are more restrictive than many people realize. The single most important limit is this: each person is entitled to only one expungement and one record sealing in a lifetime, combined. That makes choosing when and what to seal or expunge a decision worth thinking through carefully rather than rushing.
- You cannot have been adjudicated guilty of the offense you want expunged or sealed, or of any other criminal offense.
- Certain serious offenses are ineligible by statute regardless of how the case resolved, including murder, sexual battery, robbery, arson, and several others listed in Florida Statutes Section 943.0585.
- If you have a prior expungement or sealing anywhere in the country, you are generally ineligible for another in Florida.
- Outstanding charges, active probation, or open cases in other counties will typically block eligibility until those matters are resolved.
- Juvenile records follow different rules and may qualify for expungement through a separate process under Florida law.
The review does not happen all at once. The Florida Department of Law Enforcement receives the application first, reviews eligibility, and issues a Certificate of Eligibility before the petition even reaches a Martin County judge. That certificate is required before filing in circuit court. The full timeline from start to finish, including FDLE processing time, commonly runs four to nine months. Starting the process correctly the first time matters.
What the Martin County Process Actually Looks Like
The Nineteenth Judicial Circuit covers Martin County, along with Indian River, Okeechobee, and St. Lucie counties. Petitions for expungement or sealing in Martin County are filed in the Circuit Court for Martin County, located in Stuart. The court handles a range of criminal case types, and the expungement docket follows its own procedural path separate from active criminal matters.
The process starts with gathering certified disposition documents from the Martin County Clerk’s office. These must show the exact outcome of the charges you are seeking to clear. The FDLE application then requires fingerprinting through an approved provider, the completed application, a certified copy of your disposition, and the applicable fee. Once FDLE issues the Certificate of Eligibility, the petition and supporting materials are filed with the circuit court. The State Attorney’s Office receives notice and has an opportunity to object. A hearing may or may not be required depending on whether any objection is raised.
Once the court grants the petition, the order goes to every agency holding records related to the arrest: the arresting law enforcement agency, the clerk’s office, FDLE, and potentially others depending on the case history. Each agency is required by law to comply with the order, though following up to confirm compliance is something worth doing.
What Clearing a Record Actually Changes
The practical effect of a successful expungement or sealing is substantial. Private background check companies that pull from public court records will no longer return results for the arrest. Florida law allows individuals with sealed records to lawfully deny the existence of the arrest for most purposes, including on job applications from private employers. Those with expunged records get even broader protection, with the ability to deny the arrest in nearly all contexts.
There are limits to keep in mind. Florida law does not require expungement of records held by federal agencies. If the arrest generated federal records, such as through an FBI database entry, federal law governs access to those separately from Florida’s expungement order. Additionally, certain employers are entitled to see sealed or expunged records: criminal justice agencies, the Department of Children and Families, the Department of Education, and positions requiring a security clearance, among others.
For professional licensing purposes, the answer depends on the specific licensing board and the profession. Some boards require disclosure of sealed or expunged arrests regardless of Florida law. Anyone in a licensed profession should confirm the board’s specific disclosure rules before assuming an expungement eliminates the disclosure obligation entirely.
Answers to Questions That Come Up Frequently
Can I expunge a record if I pled no contest?
It depends on whether adjudication was withheld or entered. A no contest plea with adjudication withheld may qualify the record for sealing. A no contest plea where adjudication was entered generally disqualifies the case from either remedy.
My case was dropped by the prosecutor. Does that mean I can expunge it?
A nolle prosequi, or prosecutorial dismissal, typically results in a disposition eligible for expungement rather than sealing. But you still must meet all other eligibility requirements, including the one-per-lifetime limit and the absence of any other criminal adjudications.
How long does the FDLE review take?
FDLE processing times vary and have historically ranged from several weeks to several months depending on application volume. Errors or missing documents restart the clock, which is one reason submitting a complete and accurate application from the beginning matters significantly.
Will an expungement remove my record from background check websites?
Florida court records and most law enforcement records will be cleared, but some third-party background check companies pull and cache data independently. Those companies may be slow to update their databases. Individuals who find that a background check company is still displaying expunged records can contact those companies directly with a copy of the court order and request removal.
Can I get an expungement if I have charges in another county?
Open charges in another Florida county or elsewhere typically make you ineligible until those matters are fully resolved. Once they are resolved, the outcome of those charges will factor into whether you still meet the eligibility criteria.
Does expungement restore gun rights?
Florida’s expungement statute addresses access to records, not the restoration of civil rights. Firearm rights are governed by separate state and federal law. If restoration of rights is a concern, that issue should be addressed directly rather than assumed to follow automatically from an expungement.
What happens if the court denies the petition?
Courts can deny expungement petitions even when the State Attorney does not object. If a petition is denied, the Certificate of Eligibility is typically valid for a limited period, and there may be grounds to address the denial depending on the basis for it.
Ready to Clear Your Record in Martin County
Koether Law, P.A. handles record sealing and expungement for clients throughout the Treasure Coast area, including those whose cases were handled in Martin County courts. Attorney Stephanie Koether brings the same direct, personal approach to these matters that the firm applies across its practice areas. The goal is to move through the process accurately so that time is not lost to preventable errors. Reach out to Koether Law to talk through your situation and find out whether you qualify to pursue a Martin County record expungement.
