A past arrest or charge can continue to affect job applications, housing, and background checks long after a case is closed. Florida law provides two paths to address this, expungement and sealing, and Attorney Michael G. Salazar Jr. helps Fort Lauderdale clients understand which option, if either, may be available to them.
Expungement vs. Sealing
Under Florida Statute 943.0585, expungement physically destroys a criminal history record, while under Florida Statute 943.059, sealing keeps the record confidential but still accessible to certain government agencies. A Fort Lauderdale Expungement Lawyer reviews the specific outcome of your case, since eligibility depends heavily on how it was resolved.
Who Qualifies
Generally, a person is eligible for expungement if their charge was dismissed, dropped, or resulted in an acquittal, meaning the case was dropped. Sealing is typically available when a person received a withhold of adjudication (no convicton). Florida law generally allows only one expungement or sealing per person in a lifetime, and certain offenses, including domestic violence and specific sex crimes, are permanently excluded regardless of the case outcome.
The Process Itself
Pursuing expungement or sealing starts with obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement, followed by a petition to the court. Missteps in this process, such as applying under the wrong statute or missing a documentation requirement, can result in denial, which is why many people choose to work with an attorney through the process. The entire process can take up to 6-9 months.
What Disqualifies a Record From Sealing or Expungement
Beyond the specific offense type, a record can be disqualified if a person has ever previously had a record sealed or expunged in Florida, or if they have been adjudicated guilty as an adult of any criminal offense, even one unrelated to the case they are trying to seal or expunge. This is why an accurate review of a person’s full record, not just the case in question, is an important first step before applying.
Why Getting This Right the First Time Matters
Because Florida generally allows only one expungement or one sealing per person in a lifetime, applying under the wrong statute, or applying for a case that turns out to be ineligible, can permanently close the door on this option for any future case. Careful review before filing is one of the most important parts of the process.
What Life Can Look Like Afterward
For many clients, successfully expunging or sealing a record is about more than the legal outcome itself. It can mean no longer having to explain an old arrest on a job application, feeling confident during a background check for housing, or simply putting a difficult chapter behind them in a concrete, legal way. Attorney Salazar helps clients understand not just whether they qualify, but what the process realistically involves from start to finish.
A Straightforward Conversation About Eligibility
Rather than guessing based on general information found online, the most reliable way to know whether a specific case qualifies for expungement or sealing is a direct review of that case’s outcome and history. Attorney Salazar walks clients through this review honestly, including in situations where a case does not qualify, so that time and expectations are not spent pursuing an option that is not realistically available.
Frequently Asked Questions
How many times can I expunge or seal a record in Florida?
Generally, only once in a lifetime, with limited exceptions such as certain juvenile cases. This makes it important to handle the process correctly the first time.
Can I expunge a domestic violence charge in Florida?
No. Domestic violence offenses are specifically excluded from expungement and sealing eligibility under Florida law, regardless of how the case was resolved.
What is the difference between having a case dismissed and having it sealed?
A dismissal ends the criminal case itself, but the arrest record can still exist and be visible on background checks unless it is separately expunged or sealed through the appropriate legal process. Many people are surprised to learn that a dismissed case can still show up on a routine background check until this additional step is taken.
Taking the First Step
For many people, simply learning whether they qualify for expungement or sealing is the hardest part to figure out on their own. A direct conversation with an attorney can usually answer that question quickly, giving clients a clear sense of their options without wading through general information that may not apply to their specific situation, since eligibility rules vary considerably from one case to the next.
If you are considering expungement or sealing in Fort Lauderdale, call The Salazar Law Firm at (954) 467-1965 to speak with Attorney Michael G. Salazar Jr.
