Orlando Expungement Lawyer
A criminal record follows you in ways that are easy to underestimate until they cost you something real. A job offer withdrawn. A rental application denied. A professional license you cannot obtain. Florida law gives certain people the opportunity to seal or expunge their records, and taking advantage of that opportunity can make a measurable difference in what your future looks like. For people in the Orlando area who qualify, working with an Orlando expungement lawyer is often the clearest path to getting this done correctly and without unnecessary delays.
Sealing vs. Expungement: The Distinction That Changes What You Can Say
Florida treats record sealing and expungement as two separate remedies with different outcomes, and the difference matters practically, not just legally. When a record is sealed, it is hidden from public view, but certain agencies, employers, and licensing boards can still access it. When a record is expunged, the actual physical and electronic record is destroyed or returned, and in most circumstances you are legally permitted to deny that the arrest ever occurred. That distinction becomes significant the moment you fill out an application for a nursing license, a contractor certification, or a job that requires a background check with the Florida Department of Law Enforcement.
Sealing is also the required first step for many people who eventually want their record expunged. If your case ended in a withhold of adjudication rather than an outright dismissal, you typically must have your record sealed for a waiting period before pursuing expungement. Jumping straight to expungement without understanding where you stand in that sequence wastes time and filing fees. Understanding which remedy applies to your situation, and in what order, is one of the first things an attorney should work through with you.
Who Qualifies Under Florida Statute and What Can Disqualify You
Florida law under Chapter 943 sets specific eligibility criteria, and not every arrest or charge qualifies. There are also disqualifying factors that permanently bar someone from receiving either remedy regardless of what happened in their case. Before investing time in the application process, it is worth understanding the legal landscape around eligibility.
- You must not have been adjudicated guilty of the charge you are seeking to expunge or seal, and you must not have a prior sealing or expungement on your record in Florida.
- Certain offenses are statutorily ineligible, including sexual offenses, crimes against children, domestic violence offenses, robbery, carjacking, and several others listed in Section 943.0584.
- If you have ever had a record sealed or expunged anywhere in the United States, Florida will generally deny a new petition even for an otherwise qualifying charge.
- Cases that ended in a withhold of adjudication may qualify for sealing; cases that ended in dismissal, nolle prosequi, or a finding of not guilty typically qualify for expungement.
- Juvenile records have their own pathway under Section 943.0515 and different eligibility criteria that apply based on the nature of the offense and the person’s age at the time.
One common source of confusion involves withhold of adjudication. Many people believe that because they were not “convicted,” their record is automatically clean. Florida employers and licensing boards often disagree. A withhold still shows up in background checks, still shows the charge and arrest, and still affects how you are perceived. Getting that record sealed requires affirmative legal action, not just the passage of time.
For Orlando-area residents, the processing runs through the Orange County Clerk of Courts and involves a FDLE certificate of eligibility before any petition reaches a judge. That certificate requires fingerprinting through an authorized provider and a formal review by FDLE. The process has multiple steps and a specific sequence, and missing any of them means starting over.
What the Process Actually Looks Like From Start to Finish
The Florida expungement process involves several distinct stages, and the total timeline is longer than most people expect. Obtaining the FDLE certificate of eligibility alone typically takes a few months after fingerprinting and submission. Once the certificate is issued, the petition must be filed in the circuit court in the county where the arrest occurred. For someone arrested in Orange County, that means the Ninth Judicial Circuit Court in Orlando. For someone with arrests in multiple counties, multiple petitions may be necessary, each following the same sequence independently.
The State Attorney’s Office in the relevant circuit receives notice of the petition and has the opportunity to object. While objections are not automatic, they do occur, particularly in cases involving certain charge types or where the prosecutor’s office has concerns about the public record. When an objection is filed, the matter typically proceeds to a hearing where the judge weighs the petition. Having an attorney present the case at that hearing matters considerably more than most people realize before they find themselves standing in front of a judge without one.
After a court order is entered granting the expungement or sealing, it is served on FDLE and any other agencies that hold records related to the arrest. Each agency has its own procedures for complying, and not all of them comply immediately or completely without follow-up. Background check databases maintained by private companies can take considerably longer to update, and monitoring that process is something many applicants do not realize they need to do.
Practical Questions About Orlando Expungements
Can I expunge a record if I was convicted?
No. Florida does not allow expungement or sealing of any case that resulted in adjudication of guilt. The only exception is if the conviction itself was later set aside through a post-conviction process, which is a separate and distinct legal procedure. If your case ended in a withhold of adjudication, you are not technically “convicted,” and you may qualify for sealing.
Will an expunged record show up on background checks?
After a Florida expungement is granted and the order is served on all relevant agencies, the arrest should not appear on standard FDLE background checks. However, private background check companies pull from various databases that may not update immediately, and some records in federal databases are not subject to the state court order. Monitoring your background check results after the process is complete is a reasonable step to take.
Can I legally say I was never arrested after my record is expunged?
In most civilian contexts, yes. Florida Statute 943.058 provides that an expunged record may be lawfully denied when asked about prior arrests. However, there are exceptions. If you apply for a law enforcement position, work in certain professional license categories, or are asked under oath in specific legal proceedings, you may be required to disclose the expunged record. An attorney can walk you through which exceptions apply to your situation specifically.
How long does the process take in Orange County?
From the time you apply for the FDLE certificate of eligibility to the time a final court order is entered and served on all agencies, a realistic range is six to twelve months. The FDLE certificate alone takes around four to six months in many cases. Court scheduling and whether the State Attorney objects can affect the back end of the timeline.
What if I have arrests in both Orange County and a neighboring county?
Each county’s arrest requires a separate petition filed in the court for that county. You can pursue multiple petitions simultaneously, but each follows its own track, involves its own certificate of eligibility, and may face its own complications. Someone with arrests in Orange, Osceola, or Seminole County would need separate proceedings in each jurisdiction.
Do I need an attorney, or can I file the petition myself?
Florida does allow people to file pro se petitions. However, an error in the application, a missed deadline, or an improperly documented certificate of eligibility can result in denial. The FDLE certificate process has specific requirements, and if the State Attorney files an objection, having someone who knows how to respond and present argument at a hearing is a real advantage. Most attorneys who handle these cases offer consultations that help you understand whether your situation is straightforward or likely to involve complications.
Are juvenile records automatically expunged when you turn 18?
No. Florida does not automatically expunge juvenile records upon reaching adulthood. Records sealed under the juvenile statute may remain accessible under certain circumstances even after age 21. A separate petition or administrative process may be required to address juvenile records, and the applicable statutes differ from the adult sealing and expungement process.
Taking Action on Your Record in the Orlando Area
Koether Law, P.A. handles a range of legal matters that often touch on people’s records and their long-term consequences, and Attorney Stephanie Koether’s approach has always been grounded in personal attention and honest assessment of what can and cannot be accomplished. For someone in the Orlando area looking into the Florida expungement process, the first meaningful step is finding out whether you actually qualify and what the realistic path forward looks like. That conversation is more useful than generic information about the process, because eligibility is where most questions start and where the right guidance genuinely matters. Reach out to Koether Law, P.A. to start that conversation with an Orlando expungement attorney who will take the time to understand your specific record and circumstances.
