Ready to Clear Your
Record in Orlando?
Jobs. Housing. Professional licenses. Background checks can create obstacles — even if charges were dropped.
An Orlando expungements lawyer can help you determine whether sealing or expungement is possible.
Expungement in Florida means the physical destruction of a criminal history record. Under Florida Statute § 943.0585, a person whose charges were dismissed, dropped (nolle prosequi), or resulted in an acquittal may petition the court to expunge their arrest record. Once expunged, the record is destroyed — FDLE retains only a confidential notation to enforce the one-time-only limitation. The arrest no longer appears on background checks, and you can lawfully deny that the arrest ever occurred in most circumstances.
Florida allows only one court-ordered expungement in a lifetime — with one exception: if you previously had a record sealed for at least 10 years, you may petition to convert the seal to an expungement. This makes the decision of when and what to expunge critically important. If you have multiple eligible arrests, you must choose which one to expunge, because you will not get a second chance.
The process requires a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), a petition to the court, and a court order. The entire process typically takes 4 to 6 months. Attorney James P. Kelly handles the complete expungement process for clients throughout Orlando and Central Florida — from the FDLE application through the court hearing.
These two forms of relief sound similar but work very differently. Understanding the distinction is essential to making the right decision about your record.
Expungement (§ 943.0585) physically destroys the record. Every agency that holds a copy — FDLE, the arresting agency, the State Attorney’s Office, the Department of Corrections — must destroy it. FDLE retains a single confidential notation solely to ensure no one receives more than one expungement. The record is not accessible to the public, employers, landlords, or background check services. After expungement, you can lawfully deny the arrest occurred.
Sealing (§ 943.059) hides the record from public access but does not destroy it. Criminal justice agencies, the Florida Bar, and certain government entities can still access sealed records. The record remains in existence — it is restricted, not eliminated.
The key eligibility distinction: Expungement is generally available when charges were dismissed, dropped, or resulted in acquittal. Sealing is available when adjudication was withheld (you were not formally convicted). If you pled guilty or were adjudicated guilty, neither option is available.
To qualify for expungement under § 943.0585, you must meet all of the following criteria:
1. The case was resolved in your favor. The charges were not filed, were dismissed (nolle prosequi), were dropped, the case was no-actioned by the State Attorney, or you were acquitted at trial (found not guilty by a judge or jury).
2. You have never been adjudicated guilty of any criminal offense. This applies to any criminal offense in any jurisdiction — not just the offense you want to expunge. A conviction for an unrelated charge, in any state or federal court, disqualifies you. Note: adjudication withheld is NOT a conviction for this purpose.
3. You have never previously had a record sealed or expunged. One lifetime. The only exception is the 10-year seal-to-expungement conversion described below.
4. You are no longer under court supervision for the arrest you want to expunge. Probation must be completed.
5. The offense is not on the list of ineligible offenses under § 943.0584. Even dismissed charges for certain serious offenses — including sexual battery, lewd or lascivious offenses on a child, kidnapping, homicide, arson, trafficking, and others — may be subject to additional restrictions.
Under § 943.0585(1)(h), if your record has been sealed for at least 10 years, you may petition to convert the seal to an expungement — even if adjudication was withheld (meaning you originally sealed because you could not expunge). This is the only circumstance under Florida law where a person may obtain both a seal and an expungement.
Step 1: Obtain a certified disposition. Request a certified copy of the final disposition (case outcome) from the Clerk of Court in the county where the arrest occurred. This document shows that the charges were dismissed, dropped, or resulted in acquittal.
Step 2: Apply to FDLE for a Certificate of Eligibility. Submit a completed application, a set of fingerprints (on an FDLE fingerprint card), and a $75 non-refundable processing fee. FDLE conducts a statewide and national criminal history check to verify that you meet all eligibility criteria. FDLE processing typically takes 8 to 12 weeks.
Step 3: Receive the Certificate of Eligibility. If approved, FDLE issues a Certificate of Eligibility. This document certifies that your record meets the statutory requirements for expungement. It does not guarantee the court will grant the petition — that decision is at the court’s discretion.
Step 4: File the Petition to Expunge. Your attorney prepares and files a Petition to Expunge in the circuit court of proper jurisdiction — typically the circuit where the arrest occurred. The petition includes the Certificate of Eligibility, a sworn affidavit, and a proposed order.
Step 5: Serve the State Attorney and arresting agency. The State Attorney’s Office and the arresting agency receive copies of the petition and may file an objection. Objections are uncommon in cases where the charges were dismissed, but the State Attorney retains the right to object.
Step 6: Court hearing and order. If an objection is filed, the court holds a hearing. If no objection is filed, many judges grant the petition without a hearing. The court issues an Order to Expunge, which is sent to all agencies holding the record — FDLE, the arresting agency, the State Attorney, the Department of Corrections, and any other relevant entities.
Total timeline: Typically 4 to 6 months from application to court order, though complex cases may take longer.
Even after expungement, Florida law requires you to disclose the arrest in certain limited circumstances:
In all other circumstances — employment applications, rental applications, professional licensing applications, and general interactions — you may lawfully deny that the arrest occurred.
A criminal arrest record — even for a case that was completely dismissed — remains publicly accessible indefinitely in Florida. There is no automatic removal, no 7-year rule, and no time-based expiration. The arrest appears on background checks conducted by employers, landlords, licensing boards, and volunteer organizations. In the age of electronic databases and instant background checks, an old arrest for a charge that was never prosecuted can cost you a job, an apartment, a professional license, or a volunteer position.
Expungement is available for any eligible arrest — but certain types of cases come up most frequently:
Drug possession arrests where the case was dropped. Many drug arrests result in dismissal due to insufficient evidence, illegal search, or successful completion of a pretrial diversion program. These arrests still appear on background checks and can be expunged once eligibility is confirmed.
Domestic violence arrests where charges were not filed. Florida’s mandatory arrest policy for domestic violence means that officers must arrest in many situations, even where the evidence does not support prosecution. The State Attorney declines to prosecute many of these cases — but the arrest remains on your record until expunged.
Theft and shoplifting arrests resolved through diversion. First-time theft offenders often complete pretrial diversion programs that result in dismissal of charges. The arrest record remains and shows up on background checks conducted by employers and landlords.
Assault and battery arrests that were dismissed. Bar fights, mutual combat situations, and self-defense cases that result in arrest but are later dismissed or result in acquittal are strong candidates for expungement.
DUI arrests that were dismissed or resulted in acquittal. While DUI convictions cannot be expunged, DUI arrests that were dismissed (often due to suppression of the breath test result or other evidentiary issues) are eligible. Given the severe employment and insurance consequences of a DUI arrest record, expungement provides substantial practical benefit.
Mistaken identity and wrongful arrests. If you were arrested due to mistaken identity, a false report, or a law enforcement error, expungement removes the record of an arrest that should never have occurred in the first place. Administrative expungement under § 943.0581 may also be available for arrests made “contrary to law or by mistake.”
Beginning in recent years, Florida implemented an automatic sealing process under § 943.0595. When the Clerk of Court submits certain qualifying dispositions to FDLE electronically, the FDLE record is automatically sealed without the need for a petition, a Certificate of Eligibility, or a court order.
Qualifying dispositions include: acquittals, dismissals, nolle prosequi, and no information filed — provided the offense is not on the list of disqualifying offenses. This automatic process only seals the FDLE record — it does not seal records at the local level (Clerk of Court, arresting agency). For complete protection, a court-ordered expungement is still the most comprehensive relief.
Automatic sealing also does not use up your one-time sealing or expungement right under §§ 943.0585 and 943.059. This means that if your record was automatically sealed under § 943.0595, you can still pursue a court-ordered expungement for the same or a different arrest.
The expungement process involves precise eligibility determinations, correct application preparation, and proper petition drafting. A mistake on the FDLE application — listing the wrong arrest date, omitting a prior disposition, or failing to include the correct charges — results in denial and loss of the $75 non-refundable fee. An attorney who handles the process from start to finish ensures that the application is complete, the petition is properly drafted, and the court receives everything it needs to grant the order.
When you call The Law Office of James P. Kelly, you speak directly with attorney James P. Kelly. The firm handles expungement cases throughout Orange County and Central Florida. English and Spanish-speaking clients are welcome — hablamos español.
The information on this page is provided for general informational purposes and does not constitute legal advice. Every criminal case involves unique facts and circumstances that affect the outcome. Contacting The Law Office of James P. Kelly, P.A. does not create an attorney-client relationship. Past results do not guarantee future outcomes.
The process typically takes 4 to 6 months total. FDLE’s review of the Certificate of Eligibility application takes 8 to 12 weeks, and the court process adds several additional weeks to months, depending on whether a hearing is required.
No. This is one of the most common misconceptions. Florida does not automatically remove criminal records after any period of time. A criminal arrest record remains public and accessible indefinitely unless it is actively sealed or expunged by court order. The 7-year rule relates to certain federal reporting limitations for consumer background checks — it does not mean the record disappears.
Yes. If felony charges were dismissed, dropped, or you were acquitted, the record is eligible for expungement — even if the original charge was for a violent felony — as long as you meet all other eligibility criteria. The severity of the original charge is not a bar to expungement if the case was resolved in your favor.
The FDLE application fee is $75 (non-refundable regardless of the outcome). Additional costs include fingerprinting, certified disposition copies from the Clerk of Court, court filing fees, and attorney fees. Attorney James P. Kelly provides a clear, upfront fee quote during the initial consultation with no hidden costs.
Generally no — Florida allows one court-ordered expungement per lifetime. However, if the multiple arrests relate to the same criminal incident (for example, you were arrested multiple times for charges arising from the same event), they may be combined in a single petition. Additionally, the court may order expungement of related arrests if they “directly relate to the original arrest” under § 943.0585(3)(c).
