Volusia County Expungement Lawyer
A criminal record follows you in ways that are easy to underestimate until you are already feeling them. A background check for a job, an apartment application, a professional license, even a volunteer position at your child’s school. Florida law gives many people a genuine path to sealing or expunging their record, but the process involves procedural requirements that disqualify applicants who get it wrong. At Koether Law, P.A., Stephanie Koether works directly with clients through every stage of the expungement process, so the details that matter are handled correctly the first time.
What Florida Law Actually Allows When It Comes to Expungement and Sealing
Florida treats expungement and sealing as two different remedies, and understanding which one you are eligible for changes everything about your strategy. When a record is sealed, the underlying information still exists but is generally hidden from public view. Employers, landlords, and others conducting standard background checks typically cannot see it. When a record is expunged, the court destroys or obliterates the record, and in most circumstances, you can legally deny the arrest or charge ever occurred. That distinction matters enormously when someone is asking you under oath whether you have ever been arrested.
Florida Statute 943.0585 governs expungement, and Florida Statute 943.059 governs sealing. Both statutes require that the applicant has never previously had a record sealed or expunged anywhere in the United States, has never been adjudicated guilty of a criminal offense or a comparable ordinance violation, and has no disqualifying charges on their record. The Florida Department of Law Enforcement issues a certificate of eligibility before the court will even consider the petition, so the process involves both an administrative step and a judicial one. Missing documents or submitting inconsistent information at either stage can result in delays or outright denial.
Records That Can Be Expunged and Ones That Cannot
Not every arrest or charge qualifies for expungement or sealing in Florida. Several categories of offenses are permanently excluded by statute, regardless of how old the charge is or how the case resolved. Knowing where a particular charge falls before you begin the process saves time and prevents the frustration of an ineligible application.
- Charges that resulted in a withhold of adjudication for certain serious offenses, including domestic violence, stalking, and child abuse, are ineligible for sealing under Florida law.
- Convictions, including adjudications of guilt, cannot be expunged or sealed, which is why the outcome of the original case matters more than the nature of the charge itself.
- Sexual offenses that require registration as a sexual offender or predator are specifically excluded from both sealing and expungement relief.
- A prior expungement or sealing anywhere in the country, including juvenile records in some circumstances, will disqualify an applicant from obtaining relief again.
- Arrests that are part of an ongoing criminal investigation or pending prosecution cannot be addressed until the case fully concludes.
Where things get more nuanced is in cases involving withholds of adjudication. Florida allows judges to withhold adjudication on certain offenses, which means a defendant is not technically convicted. These cases may be eligible for sealing, though not always expungement, depending on the specific charge. For Volusia County residents, this distinction matters because it affects how the record appears during employment screening and what you can lawfully say about your history.
How the Expungement Process Unfolds in Volusia County
Cases in Volusia County run through the Seventh Judicial Circuit, which covers Volusia, Flagler, St. Johns, and Putnam Counties. The Volusia County Courthouse in DeLand and the Daytona Beach courthouse both handle criminal matters for the circuit. If you are pursuing expungement of a Volusia County arrest, the petition ultimately lands before a circuit court judge there, and local procedure shapes how the process moves.
The first step is determining eligibility, which requires pulling a complete criminal history to confirm there are no disqualifying prior records. Once eligibility is confirmed, you apply to the Florida Department of Law Enforcement for a certificate of eligibility. FDLE reviews your statewide criminal history and, if everything checks out, issues the certificate. That certificate is then attached to a petition for expungement filed with the circuit court. The State Attorney’s Office in Volusia County is notified and given an opportunity to object. Most petitions that are properly filed and facially eligible are approved, but a State Attorney objection can complicate matters and may require a hearing.
Timing across the entire process typically runs from a few months to closer to six months, depending on FDLE’s workload and the court’s docket. That timeline is one reason to move forward rather than wait, since Florida law only allows this relief once in a lifetime and the benefit compounds the earlier it is obtained.
Questions Volusia County Clients Ask About Expungement
Can I expunge an arrest if the charges were dropped or never filed?
Yes, in many cases. A nolle prosequi, a no information from the prosecutor, or a dismissal without adjudication can make the arrest eligible for expungement, assuming no other disqualifying factors exist. Arrests that were never followed by charges are often strong candidates for expungement.
If my record is expunged, can I still be asked about it on job applications?
Florida law generally permits someone whose record has been expunged to deny the arrest or criminal proceeding in most contexts. There are exceptions, including applications for employment with criminal justice agencies, certain government positions, and applications to the Florida Bar. For private employment, an expunged record can usually be truthfully omitted.
Will my expungement show up in federal background checks?
Florida expungements affect state records, but federal databases can be a different matter. FBI records, for instance, may retain information that state expungement does not reach. For certain positions involving federal employment or federal licensing, a separate inquiry into what remains on federal databases is worth pursuing.
What happens if I was never convicted but my charge is on a disqualifying list?
Certain charges disqualify you from sealing or expungement regardless of the outcome, even if adjudication was withheld. This is one of the more counterintuitive aspects of Florida’s statute. The offense type, not just the conviction status, controls eligibility for some categories of charges.
Does expunging a juvenile record work the same way as an adult record?
Juvenile records have their own expungement process under Florida Statute 943.0515, and the rules differ from adult expungement. Juvenile diversion completions and certain adjudications of delinquency may be eligible, but the eligibility framework and process are distinct. A prior juvenile expungement can also affect adult eligibility.
How does sealing affect a professional license application in Florida?
Many professional licensing bodies in Florida, including those overseeing healthcare, real estate, and education, ask specifically about criminal history and may have access to sealed records. A sealed record is not the same as an expunged one in this context. Understanding what your target licensing board can actually access is critical before assuming sealing resolves the issue entirely.
Can the State Attorney’s Office block my expungement even if I am eligible?
The State Attorney can file an objection, and a judge will ultimately decide. However, statutory eligibility is a meaningful threshold, and judges regularly grant petitions over prosecutorial objection when the applicant meets all legal criteria and the underlying case warrants relief. Having proper representation at a hearing makes a real difference in how that exchange goes.
Clearing Your Record With Representation That Knows the Details
The value of getting a Volusia County expungement right the first time cannot be overstated. Florida’s one-time limitation on this relief means a procedural error or an avoidable disqualification can permanently foreclose an option that would have otherwise been available. Stephanie Koether handles these matters with the same close attention she brings to family law and estate planning, treating each client’s situation as specific rather than routine. If you want to understand whether expungement or sealing is within reach for your Volusia County record, contact Koether Law, P.A. to talk through the facts of your situation directly.
