Melbourne Expungement Lawyer
A criminal record can follow you far longer than the case itself. Background checks run by employers, landlords, licensing boards, and financial institutions can surface an old arrest or conviction years after the fact, quietly closing doors you may not even know are being shut. Melbourne expungement lawyer services exist precisely for this reason: to give people a real, legal mechanism to move forward without a record defining them. At Koether Law, P.A., Stephanie Koether works directly with clients navigating Florida’s expungement and sealing process, giving each case the close personal attention it deserves.
What Florida’s Expungement and Sealing Laws Actually Allow
Florida draws a clear distinction between expungement and sealing, and the practical difference matters. When a record is sealed, it is hidden from most public searches but still accessible to certain agencies and employers. When a record is expunged, the physical and electronic records are destroyed or returned to you, and in most situations, you can legally deny the arrest ever occurred. Neither option is automatic, and neither is available to everyone.
Florida law limits each person to one expungement or sealing in their lifetime. That makes choosing the right path, and choosing it carefully, more consequential than people often realize. The eligibility rules include several requirements that trip up applicants who try to navigate the process without legal guidance:
- You must not have been adjudicated guilty of the charge you want expunged or sealed, and you must not have a prior expungement or sealing on record in Florida or any other state.
- Certain offenses are permanently ineligible, including domestic violence crimes, sexual offenses, and a range of serious felonies regardless of how the case resolved.
- If charges were dropped or nolle prossed, you may still qualify for expungement even without a formal acquittal.
- An eligible arrest that resulted in withholding of adjudication may qualify for sealing, which then opens the path to expungement after a waiting period.
- Florida Statute 943.0585 governs expungement and Florida Statute 943.059 governs sealing, and both require a Certificate of Eligibility from the Florida Department of Law Enforcement before a petition can be filed in court.
Understanding which statute applies to your situation, and whether your specific charge appears on the list of ineligible offenses, is where legal counsel makes a real difference early in the process.
How Cases in Brevard County Actually Move Through the Process
Melbourne sits in Brevard County, and expungement petitions for Melbourne residents are filed in the Eighteenth Judicial Circuit Court. The process begins with the FDLE Certificate of Eligibility application, which includes a background check, fingerprinting, and a fee. FDLE processing takes several weeks. Once you have the certificate, a petition is filed with the circuit court along with a sworn statement and other required documents. The state attorney’s office is served and given an opportunity to object.
Most straightforward cases do not involve a hearing, but a judge retains discretion to deny a petition even when all technical requirements are met. That discretion is one of the reasons having counsel who understands how local courts approach these petitions matters. After the court grants the order, it is served on every agency that maintains a record of the arrest, and each must comply with the destruction or return requirements. The process from start to finish often takes several months, which is why people who need a clean record for a job offer or professional license should start as soon as possible rather than waiting.
The Records That Expungement Does and Does Not Reach
One source of real confusion is the scope of what gets cleared. A Florida expungement order reaches records held by the arresting agency, the clerk of court, the state attorney, the Florida Department of Law Enforcement, and other state repositories. Most background check companies pull from those databases, so a successful expungement will typically remove the record from what employers and landlords see.
What it does not necessarily reach are private third-party data aggregators that scraped your record before the expungement was processed. Some of these sites must be contacted separately and asked to remove the information. Additionally, federal agencies retain access to sealed and expunged records under certain circumstances, which is relevant if you are applying for federal employment, a federal license, or certain immigration benefits. The expungement statute itself carves out exceptions for law enforcement use, for applications to work with children or the elderly, and for a handful of other specific situations where the record can still be considered. A complete understanding of these limits is part of what you need before relying on an expungement to satisfy a particular background check requirement.
Answers to Common Questions About Expungement in Melbourne
Can I expunge a record if my case was dismissed?
A dismissal or nolle prosse by the state attorney generally makes you a strong candidate for expungement, provided you meet the other eligibility requirements. You would typically apply for expungement rather than sealing in this situation, since there was no adjudication or withholding of adjudication. However, you still need the FDLE Certificate of Eligibility and a court order before the record is actually cleared.
Does Florida allow expungement of felony charges?
Felony charges are not automatically disqualified, but many are. If you were adjudicated guilty of any felony, expungement is not available. If charges were dropped or if you received a withholding of adjudication on a felony that is not on the statutory ineligibility list, you may qualify for sealing and potentially later expungement. The nature of the specific charge matters more than the felony classification alone.
Will expungement help me get a professional license in Florida?
It depends on the licensing board. Florida law allows you to deny the arrest on most applications after expungement, but certain boards, particularly those governing healthcare, education, law enforcement, and financial services, have their own rules about sealed and expunged records. Some can still consider the underlying conduct. Knowing what your specific board allows before you expunge is important, because the one-time limit means you want to use it strategically.
How long does the whole process take for a Brevard County case?
From the FDLE application to the final court order and agency notification, the process typically runs four to six months in practice. FDLE processing alone can take sixty to ninety days. Court scheduling in the Eighteenth Judicial Circuit adds additional time. If there is an objection from the state attorney, the timeline extends further. Starting early is the most practical advice.
Can an employer see my record after it has been expunged?
In most private employment contexts, no. After a valid Florida expungement, the record should not appear in standard background checks, and Florida law allows you to lawfully deny the arrest occurred. The exceptions involve certain government employers, positions working with vulnerable populations, and a few specific license types where the expunged record can still be disclosed or considered.
What if I have arrests in multiple counties or states?
Florida’s expungement only reaches Florida records. If you have out-of-state arrests, you would need to pursue relief in those states separately. If you have multiple Florida arrests, you can only expunge or seal one. That limitation makes it important to think carefully about which record causes the most practical harm before filing.
Is there anything I need to do after the court grants my expungement order?
Yes. While the order is served on agencies automatically, you should follow up to confirm compliance, particularly with the arresting agency and the clerk of court. You should also check major background screening companies to see whether the record still appears and request removal if it does. Keeping a certified copy of the expungement order is useful for the rare situation where a record surfaces and you need to document that it was cleared.
Speak With a Melbourne Record Sealing Attorney About Your Situation
Koether Law, P.A. was built around one idea: clients get better outcomes when their lawyer actually knows them and their situation. Stephanie Koether handles cases personally, which means when you call about Melbourne record sealing or expungement, you are talking to the lawyer who will be doing the work. The firm serves clients across Brevard County and the surrounding areas, and the approach is the same regardless of how complicated or straightforward the case looks at the outset. Reach out to Koether Law to find out whether your record qualifies and what the right path forward looks like for your specific situation.
