St. Augustine Expungement Lawyer
A criminal record follows you into job applications, apartment screenings, professional licensing decisions, and background checks run by people you may never even meet. Florida law gives many people the opportunity to seal or expunge their records, but the process is specific, the eligibility rules are strict, and a single misstep in the paperwork can result in a denial that leaves your record intact. St. Augustine expungement lawyer Stephanie Koether works with clients across Florida to pursue every available avenue for record relief and to handle this process correctly the first time.
What Florida’s Expungement and Sealing Laws Actually Do
Florida distinguishes between two forms of record relief: expungement and sealing. Both restrict public access to a criminal record, but they work differently and carry different long-term effects. When a record is sealed, it is hidden from most public searches, but the underlying record still exists. When a record is expunged, the court physically destroys the official record, and you can legally deny the arrest ever occurred in most contexts. That distinction matters significantly depending on what you are trying to accomplish and what kind of scrutiny your background may face down the road.
Not every charge qualifies, and not every person qualifies even if the charge itself would otherwise be eligible. Florida Statute 943.0585 governs expungement, while 943.059 governs sealing. Together, they set out the rules for who can apply, what can be expunged or sealed, and what happens afterward. Anyone who has previously had a record sealed or expunged in Florida or any other state is generally ineligible to do so again, which is why it matters to handle this correctly and completely the first time.
Who Qualifies, and Where People Run Into Problems
Eligibility for expungement or sealing in Florida is narrower than most people expect. The most common situations involve cases that were dismissed, charges that were dropped before conviction, acquittals at trial, and successful completion of a diversion or deferred prosecution program. What is not eligible is a conviction for a disqualifying offense, regardless of how minor the circumstances seemed at the time.
- A charge that was nolle prossed or dropped by the state attorney may qualify, even if the arrest record still appears in public databases.
- Successful completion of a pretrial diversion program can open the door to expungement, but only if the specific offense is not on Florida’s list of disqualifying charges.
- Certain offenses, including most sexual offenses, domestic violence charges, and a range of violent felonies, are permanently ineligible for sealing or expungement under Florida law.
- Even after a record is sealed or expunged, you may still be required to disclose it when applying for jobs in law enforcement, education, or any profession requiring a state license.
- A prior seal or expungement in Florida creates a lifetime bar on future relief, so first-time applicants need to make sure this opportunity is not wasted on an incomplete filing.
One particularly frustrating situation involves people who completed a withhold of adjudication, meaning the court did not formally convict them. A withhold is not a conviction, but the charge still shows up on background checks. Many people with withholds are eligible to seal their records, and some may qualify for expungement if additional conditions are met. The confusion between “no conviction” and “eligible for expungement” is one of the most common misunderstandings that brings people to an attorney’s office after they have already tried to handle this on their own.
The Application Process Through Florida’s FDLE
Getting a record expunged or sealed in Florida is not just a matter of filing something with the St. Johns County Clerk of Courts. The process runs through the Florida Department of Law Enforcement, which issues a Certificate of Eligibility before any court petition can move forward. Without that certificate, no court in Florida will grant the petition, and the FDLE’s review of your application is independent of anything the court might later decide.
The application to the FDLE requires fingerprints, a certified disposition of the charge in question, a completed application, a fee, and a statement from the arresting agency confirming what happened with the charge. Getting certified dispositions from the St. Johns County courthouse in St. Augustine can take time, especially for older arrests where records may have been archived. Once the FDLE approves the application and issues the certificate, the next step is filing the actual petition with the circuit court, serving notice on the state attorney’s office, and in some cases appearing at a hearing.
The state attorney’s office has the opportunity to object, and while objections are not automatic, they do happen. When they do, having representation matters. A filing error, a missed disclosure, or a factual discrepancy in the documentation can create complications that are far harder to resolve after the fact than they would have been to avoid upfront. This is not the kind of process where a single filing takes care of everything without follow-up.
Questions About Expungement in St. Augustine
How long does the Florida expungement process typically take?
From start to finish, the process usually takes several months. The FDLE review alone can take 90 days or more after a complete application is submitted. After the certificate is issued, the court petition, scheduling, and any required hearings add additional time. It is not a fast process, but it is one that produces a permanent result once completed.
Will an expunged record still show up on background checks?
For most employers, landlords, and members of the public, no. Once a record is expunged, it is removed from the Florida criminal history repository and will not appear in standard background checks. However, certain government agencies, law enforcement, and licensing boards may still be able to access expunged records in specific circumstances. This is one reason the distinction between the type of background check matters when you are thinking about what relief would accomplish for your particular situation.
Can I expunge a DUI arrest in Florida?
Not if you were convicted, including through a withhold of adjudication for DUI. Florida law specifically lists DUI as an offense that cannot be sealed, even if the court withheld adjudication. However, if your DUI charge was dismissed or reduced to a different offense through a plea agreement, the analysis may be different depending on what you ultimately pled to.
What happens if I was arrested but never charged?
Arrests that did not result in charges can be eligible for expungement, and in some cases may qualify for a law enforcement expungement under a different provision of Florida law. Even though no formal case was filed, the arrest record still exists and can show up in background checks. This situation is worth addressing directly rather than assuming the record disappeared on its own.
Do I have to appear in court for my expungement?
Not always. Some expungement petitions in Florida are handled on the papers without a formal hearing, particularly when the state attorney’s office does not object. If an objection is filed or if the judge has questions about the petition, a hearing may be scheduled. Your attorney will handle the court filings and appearances on your behalf.
Can an expunged record be used against me if I am arrested again in the future?
Law enforcement and prosecutors retain access to expunged records in certain circumstances, including if you are charged with a future offense. The existence of a prior expungement can also factor into bail and sentencing decisions in a subsequent case. This is one reason why using the expungement process wisely and completely matters for your long-term situation.
I have multiple arrests on my record. Can all of them be expunged?
Florida allows only one lifetime expungement or sealing. If you have multiple arrests, the evaluation needs to focus on which record causes the most harm and which one you are actually eligible to address. In some limited situations, additional arrests that were part of the same criminal episode may be included in one petition, but this requires careful analysis of the specific facts and charges involved.
Take the Steps Toward a Cleaner Record
Getting a Florida record sealed or expunged is one of the few legal processes where the work you put in now produces results that last permanently. Koether Law, P.A. helps clients in St. Augustine and across Florida understand whether they qualify, complete the application process accurately, and move through the court petition without unnecessary delays or errors. Stephanie Koether brings the same level of personal attention to expungement cases that clients expect from her family law practice, because in both areas, the outcome has real and lasting consequences for the people she represents. If you are ready to find out whether your record qualifies, reach out to our office to discuss your specific situation with a Florida expungement attorney who will give your case the attention it deserves.
