Union County Expungement Lawyer
A criminal record does not have to follow you forever. Florida law provides a genuine pathway for eligible individuals to seal or expunge their records, and the difference that process makes in daily life is real: job applications, housing searches, professional licensing, and even volunteer opportunities all change when a background check no longer surfaces an old arrest or conviction. Working with a Union County expungement lawyer at Koether Law, P.A. means working with someone who will take a close look at your specific history, tell you honestly what relief is available, and handle the process correctly so you are not left waiting on a technicality.
What Sealing and Expungement Actually Do in Florida
These two remedies are related but not identical, and the distinction matters when deciding which one to pursue. Expungement allows a qualifying individual to have their criminal record physically destroyed by the relevant criminal justice agencies. Once granted, the arrest is treated as if it never occurred for most legal purposes, and you may lawfully deny the event on most applications. Sealing does not destroy the record, but it removes it from public view. Law enforcement and certain government agencies can still access a sealed record, while private employers and landlords conducting standard background checks generally cannot.
Which option applies to you depends largely on the outcome of your case. If charges were dropped, dismissed, or you completed a diversion program, expungement is often available. If you were adjudicated guilty, expungement is generally not an option under Florida law, though sealing may still be worth examining depending on how adjudication was handled. Florida courts treat these remedies as privileges, not rights, so the process requires a formal petition, certificate of eligibility from the Florida Department of Law Enforcement, and judicial approval.
Who Qualifies, and the Situations That Come Up Most Often
Eligibility under Florida’s expungement and sealing statutes is specific. General curiosity about whether something qualifies will only get you so far without looking at the actual facts of your record. That said, here are the most common situations that come through these cases:
- Charges dropped after arrest, where no information was ever filed and no plea was entered
- Withholding of adjudication following a guilty or no contest plea, which preserves sealing eligibility in many situations
- Successful completion of a pretrial diversion program for a first offense
- Juvenile arrest records, which carry their own eligibility rules and timelines under Florida law
- Single-offense records, because Florida limits most individuals to one sealing or expungement in a lifetime
The lifetime limit deserves emphasis. Florida law is strict on this point: if you have ever had a record sealed or expunged before, a new petition will almost certainly be denied. That makes it worth thinking carefully about whether to pursue relief now or wait. If you have multiple charges on your record, an attorney can help you identify which matter is worth using that one opportunity on, and whether any other avenues exist for the others.
There are also categorical disqualifiers. Certain offenses are simply ineligible regardless of how the case resolved. Serious violent offenses, sex offenses that require registration, and several other enumerated crimes under Florida Statutes Section 943.0585 and 943.059 cannot be expunged or sealed. Reviewing the specific charges on your record against that list is one of the first things this office does when evaluating a case.
The Steps Between Filing and Final Order
The practical timeline for an expungement or sealing in Florida runs through several steps, and errors at any one of them can cause delays or outright rejection. The process begins with obtaining a certificate of eligibility from the Florida Department of Law Enforcement. That application requires fingerprints, a certified disposition of your case from the court where the matter was resolved, and a sworn statement. FDLE reviews the application against its own records and either issues or denies the certificate.
Once the certificate is in hand, a petition is filed with the circuit court in the county where the original case was handled. In cases originating in Union County, that means the Eighth Judicial Circuit. The state attorney’s office has an opportunity to object, and a hearing may or may not be required depending on whether there is any opposition. The judge has discretion to grant or deny the petition even when all eligibility requirements are technically met, which is why the presentation of that petition matters.
After a final order is entered, certified copies are sent to the applicable agencies, directing them to either destroy or seal the records. That notification process takes additional time, and it is worth confirming with agencies that actually hold records, such as the arresting agency, the clerk of court, and the Florida Department of Law Enforcement, that the order has been processed. Koether Law walks clients through each of these steps and makes sure the paperwork is complete and accurate from the start, because mistakes in this process tend to multiply rather than resolve themselves.
Questions About Expungement in Union County
Can I expunge a record if I was convicted of the offense?
Generally, no. A conviction, meaning an adjudication of guilt, makes a record ineligible for expungement in Florida. Sealing is also unavailable if adjudication was formally entered. However, if the court withheld adjudication, that changes the analysis significantly and sealing may still be possible. Reviewing the judgment in your case is the first step toward understanding which relief applies.
How long does the expungement process take in Florida?
From start to finish, the process typically takes several months. FDLE’s review of the certificate of eligibility application alone can take two to three months. Add the time required for court filing, the state attorney’s review period, and post-order notification to agencies, and the realistic timeline is often closer to six to nine months for a straightforward case. Contested matters can take longer.
Will an expunged record show up on a background check?
For most private employers and landlords, an expunged record will not appear. However, certain government agencies, criminal justice agencies, and licensing boards retain access to sealed or expunged records. If you are applying for a position that requires a state or federal security clearance, law enforcement employment, or licensure in specific regulated professions, you may still be required to disclose the record even after expungement.
Can I expunge an arrest that happened in another county but I live in Union County now?
The petition must be filed in the circuit court of the county where the underlying case was adjudicated, not where you currently live. If your arrest occurred in Alachua County or Columbia County, for example, that is where the petition would be filed. Residence in Union County does not change which court has jurisdiction over the original case.
Does sealing or expunging a record restore my right to own a firearm?
Florida’s expungement and sealing statutes do not automatically restore firearm rights. Federal law governs firearms eligibility independently, and a state court order does not override federal prohibitions. If restoring the right to possess a firearm is part of the goal, that question needs to be addressed separately and specifically, as it involves a different legal process.
What happens if I was arrested as a juvenile in Union County?
Juvenile records are handled through a separate statutory framework in Florida. In many cases, juvenile records are automatically expunged once the individual reaches adulthood, provided no adult convictions followed. But the automatic process does not cover every situation, and some juvenile records require a formal petition. If you are unsure whether a juvenile record has been addressed, it is worth verifying before assuming it is gone.
I completed a diversion program. Does that make me eligible?
Completing a pretrial diversion program and having charges dismissed as a result is one of the cleaner pathways to expungement in Florida. But the details matter. The case must have resolved with a true dismissal, the charges must not fall into a categorically ineligible offense type, and you must not have had a prior sealing or expungement. An attorney can verify whether your diversion completion meets the specific statutory requirements for FDLE’s purposes.
Ready to Clear Your Record in Union County
A past arrest should not be the thing that costs you a job offer, a housing application, or a professional license. Florida’s expungement and sealing laws exist precisely because the legislature recognized that old records can carry disproportionate consequences for people who have long since moved on. Koether Law, P.A. provides the kind of careful, personal attention to each client’s case that makes a real difference in how these petitions are prepared and presented. If you are ready to find out whether your record qualifies and what the process looks like for your specific situation, contact our office today to speak with a Union County expungement attorney who will give your case the attention it deserves.
