Hoping to Wipe the Slate Clean? Our Florida Criminal Defense Attorneys Provide the Skilled Representation You Need

If you have a criminal record in Florida that's affecting your employment, housing, or education opportunities, expungement or record sealing may help you get a fresh start. At Flaherty Defense Firm, our experienced Fort Walton Beach expungement attorneys guide clients through Florida's complex expungement and sealing process to help clear their criminal records.

What is Expungement vs. Sealing in Florida?

Florida offers two ways to limit public access to your criminal record:

Expungement

Expungement physically destroys your criminal record from most government agencies. Under Florida Statute 943.0585, only the Florida Department of Law Enforcement (FDLE) retains one confidential copy for law enforcement purposes. Once expunged, you can legally deny the existence of the arrest or charges.

Expungement is available when:

• Charges were completely dismissed or dropped
• You were acquitted (found not guilty) at trial
• No formal charges were filed after arrest

Record Sealing

Sealing makes your criminal record confidential and inaccessible to the public while preserving the records under court-ordered protection. The records still exist but cannot be accessed without a court order.

Sealing is available when:

• You received a "withhold of adjudication" (not formally convicted)
• You completed probation or other court supervision
• The case did not involve disqualifying offenses

Florida Expungement Eligibility Requirements

To qualify for expungement or sealing in Florida, you must meet strict eligibility requirements under Florida Statutes:

Basic Eligibility Requirements

• No prior convictions - Never been adjudicated guilty of any criminal offense in Florida or elsewhere
• No prior juvenile adjudications - No adjudications of delinquency for offenses listed in Florida Statute 943.051(3)(b)
• No previous expungements or sealings - This is your first and only opportunity
• No pending charges - All criminal cases must be resolved
• Case meets requirements - Dismissed charges (expungement) or withhold of adjudication (sealing)

Disqualifying Offenses

Certain serious offenses cannot be expunged or sealed, including:

• Murder, manslaughter, and homicide offenses
• Sexual battery and sexual offenses
• Child abuse and exploitation
• Kidnapping and human trafficking
• Arson and aggravated assault
• Drug trafficking (as opposed to possession)
• Domestic violence (with certain exceptions)

The Florida Expungement Process

Florida's expungement and sealing process involves multiple steps and can take 12-18 months to complete:

Phase 1: Application for Certificate of Eligibility (3-4 months)

The process begins with applying to FDLE for a Certificate of Eligibility:

• Complete FDLE application with personal information and case details
• Obtain certified fingerprints from law enforcement agency
• Get certified case disposition from clerk of court
• Pay $75 non-refundable application fee
• For expungement only: Submit to State Attorney's Office first for approval

Phase 2: FDLE Processing (12 weeks)

FDLE conducts extensive research to verify your eligibility, including:

• Comprehensive background check in Florida and other states
• Review of juvenile records
• Verification of case disposition and circumstances
• Confirmation that offense is not disqualifying

Phase 3: Court Petition (2-6 months)

Once you receive your Certificate of Eligibility:

• File petition with the court where your case occurred
• Submit required affidavit and proposed order
• Serve State Attorney's Office and law enforcement agency
• Attend hearing if State Attorney objects
• Receive final court order if approved

Phase 4: Record Destruction or Sealing

After court approval, agencies must comply with the order within 60 days by destroying (expungement) or sealing (sealing) your records.

Benefits of Expungement and Sealing

Clearing your criminal record can provide significant life improvements:

Employment Opportunities

• Background check protection - Most private employers cannot see sealed or expunged records
• Professional licensing - Improved chances for professional licenses and certifications
• Career advancement - Remove barriers to promotions and new opportunities

Housing and Education

• Rental applications - Landlords cannot see sealed or expunged records
• College admissions - Educational institutions cannot access protected records
• Financial aid eligibility - May restore eligibility for student loans and grants

Legal Rights Restoration

• Firearm rights - May restore Second Amendment rights (with exceptions)
• Voting rights - Can vote if rights were affected
• Immigration benefits - May help with immigration proceedings

Common Expungement Cases We Handle

Our Fort Walton Beach expungement attorneys help clients clear various types of criminal records:

Dismissed Criminal Charges

• Assault and battery charges that were dropped
• Drug possession charges dismissed through diversion programs
• Theft charges that were not prosecuted
• DUI arrests that didn't result in conviction
• Domestic violence charges that were dismissed

Cases with Withhold of Adjudication

• Misdemeanor offenses with completed probation
• First-time offender cases
• Pretrial diversion program completions
• Plea agreements with withhold dispositions

Military Personnel and Security Clearance

As attorneys serving the military community near Eglin Air Force Base and Hurlburt Field, we understand the critical importance of maintaining security clearances and clean military records:

Security Clearance Benefits

• Background investigation preparation - Clean records for clearance renewals
• Career protection - Avoid discharge or career limitations
• Government employment - Improve eligibility for federal positions
• Contractor opportunities - Access to defense contractor jobs

Important Note for Military

Even if your record is expunged or sealed, you must still disclose it for security clearance applications and military purposes. However, having taken action to clear your record demonstrates responsibility and rehabilitation.

Why Choose Flaherty Defense Firm for Expungement?

Attorneys Tim Flaherty and Brandy Merrifield bring extensive experience with Florida's expungement and sealing process. We understand the complex requirements and work diligently to guide our clients through every step.

Our Expungement Services

• Eligibility evaluation - Thorough case review to determine your options
• Complete case handling - We manage every aspect of the process
• FDLE application preparation - Accurate completion of all required forms
• Court representation - Experienced advocacy at hearings
• Follow-up services - Ensuring compliance with court orders

What Sets Us Apart

• Local expertise - Familiar with Okaloosa County courts and procedures
• Detailed preparation - Thorough documentation and legal research
• Personal attention - Direct access to experienced attorneys
• Transparent process - Clear explanation of timeline and requirements
• Military understanding - Experience with service member needs

Serving Fort Walton Beach and Northwest Florida

Flaherty Defense Firm helps clients throughout Northwest Florida clear their criminal records, including:

• Okaloosa County - Fort Walton Beach, Destin, Crestview, Niceville, Shalimar
• Walton County - DeFuniak Springs, Santa Rosa Beach, Freeport
• Santa Rosa County - Milton, Gulf Breeze, Pace
• Escambia County - Pensacola, Cantonment

We handle cases from all Northwest Florida counties and understand local court procedures.

Costs and Timeline

Government Fees

• FDLE application fee: $75 (non-refundable)
• Fingerprinting: $15-25 (varies by agency)
• Certified court records: $2-10 per document
• Court filing fees: Varies by county

Expected Timeline

• FDLE processing: 12 weeks from complete application
• Court proceedings: 2-6 months depending on objections
• Total process: 12-18 months typically

Important: FDLE does not expedite applications, and the timeline can be longer if there are complications or objections from the State Attorney's Office.

Frequently Asked Questions About Florida Expungement

What is the difference between expungement and sealing in Florida?

Expungement physically destroys your criminal record (except one copy kept by FDLE), while sealing makes your record confidential and inaccessible to the public. Expungement is for dismissed charges, sealing is typically for cases with withhold of adjudication.

How long does the Florida expungement process take?

The Florida expungement process typically takes 12-18 months total. FDLE processing takes approximately 12 weeks for the Certificate of Eligibility, then court proceedings can take several additional months.

Can I expunge a felony in Florida?

You cannot expunge a felony conviction in Florida under Florida Statute 943.0585. However, dismissed felony charges or cases with withhold of adjudication may be eligible for expungement or sealing.

Will employers be able to see my record after expungement?

Most private employers cannot see expunged records on background checks. However, certain government agencies, law enforcement, and positions requiring security clearances may still have access.

How many times can I expunge records in Florida?

Florida law allows only one expungement or sealing per lifetime. You cannot seal one case and later expunge another, with very limited exceptions for related cases from the same criminal episode.

Can I do expungement myself without a lawyer?

While it's technically possible, the process is complex with strict requirements and deadlines. Mistakes can result in denial and loss of your one-time opportunity. Most people benefit from experienced legal representation.

What happens if the State Attorney objects to my petition?

If the State Attorney files an objection, a hearing will be scheduled where both sides can present arguments. The judge has discretion to grant or deny the petition based on the evidence and legal arguments.

Do I have to disclose expunged records for employment?

For most private employment, you can legally deny the existence of expunged records. However, certain positions (law enforcement, working with children, financial services) may require disclosure even of expunged records.

Start Your Fresh Start Today

Don't let a criminal record continue to limit your opportunities. Our experienced Fort Walton Beach expungement attorneys are here to help you navigate Florida's complex expungement and sealing process.

Phone: (850) 243-6097

Free Consultation Available

Serving Fort Walton Beach, Destin, Crestview, and all of Northwest Florida

Why Act Now?

• Time-sensitive process - Applications can take over a year to complete
• One-time opportunity - You only get one chance in Florida
• Complex requirements - Professional guidance increases success rates
• Life-changing benefits - Employment, housing, and education opportunities

Contact Our Fort Walton Beach Expungement Lawyers

Ready to clear your criminal record and move forward with your life? Contact Flaherty Defense Firm today for a confidential consultation about your expungement or sealing options.