How Expungement Can Clear Your Criminal Record: The Eligibility and Process

Job opportunities, housing applications, and even school admissions can be affected by something that happened years ago. 

Criminal records can affect:

• Job opportunities

• Housing applications

• School admissions

• And many other things

That’s why I believe so strongly in the power of expungement in Florida—and why it’s such an important part of my criminal defense practice.

At Marquez Law, I regularly speak with people who feel like their past mistakes are holding them back. Whether it’s a dismissed charge, a single arrest, or a youthful offense, a criminal record can make everyday life more difficult. 

Expungement offers people a chance to move forward without their records casting a shadow. It doesn’t change what happened, but it gives someone the legal ability to deny or withhold information about an eligible criminal event. Florida has rules about who qualifies, and the process isn’t always fast, but the outcome can bring peace of mind.

What Expungement Does in Florida

Expungement is a legal process that allows a person’s criminal history to be erased from public view. When a record is expunged, it is no longer visible in background checks, and in most cases, the person is not required to disclose it to employers or landlords. 

Florida law provides two main paths for clearing a record: sealing and expungement. Sealing restricts access to a record; expungement destroys it, with few exceptions.

In my criminal defense work, I’ve helped many clients through the expungement process. Sometimes they’re people who were arrested but never charged. Other times, charges were dismissed or dropped. 

In Florida, these outcomes can open the door to expungement, but only if the person has not been convicted of any other criminal offense and has not previously sealed or expunged a record.

Who Is Eligible for Expungement

The first thing I look at when a client asks about clearing their record is their full criminal history. Under Florida law, eligibility for expungement is limited. 

You must have no prior convictions, and the case you want to expunge must have been dismissed, dropped, or resulted in acquittal. If the State Attorney’s Office decided not to prosecute, or if the judge dismissed the charges, that case may qualify for expungement.

It’s important to understand that even a minor conviction, like a misdemeanor for shoplifting or marijuana possession, can disqualify someone from expungement. That’s why I review every detail carefully. 

Criminal defense means more than arguing in court—it also means guiding clients through Florida’s legal system in a way that protects their future.

The Certificate of Eligibility: A Critical First Step

Before filing a petition to expunge, you must first apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This is a mandatory step. The FDLE reviews the application, checks your criminal history, and determines whether you meet the legal criteria.

I help my clients gather the documents they need, including certified copies of the final court disposition and fingerprints. Incomplete or inaccurate applications often get rejected, which delays the process. Part of what I do as a criminal defense attorney is make sure everything is submitted correctly the first time.

Once the FDLE issues the certificate, you can move forward with the petition. That certificate doesn’t guarantee expungement, but it does allow the court to hear the case.

Filing the Petition for Expungement

Once we have the Certificate of Eligibility, the next step is filing the petition in the appropriate circuit court. The petition must include an affidavit, the certificate, and the necessary supporting documents. 

This step is where things can become more formal, and mistakes can result in denial. Judges have discretion when reviewing expungement petitions, and presenting the information clearly and correctly matters.

In my practice at Marquez Law, I make sure my clients understand what to expect from the court. If the State Attorney objects to the expungement, the judge may hold a hearing. 

That’s when my criminal defense background becomes most valuable. I present arguments to show why the expungement serves justice and helps the petitioner become a productive member of the community.

When Sealing Might Be an Option Instead

Not everyone qualifies for expungement, but some people may be able to have their record sealed instead. For example, if you pled guilty or no contest but received a “withhold of adjudication,” sealing may be available. 

Once a record is sealed, it’s hidden from public view, though certain agencies can still access it under limited circumstances.

Criminal defense often involves evaluating the best available option, even if it’s not a full expungement. I’ve helped clients decide whether sealing a record will still give them the relief they’re looking for—especially when it comes to employment or housing.

The Impact of Expungement on Background Checks

One of the most powerful aspects of expungement is the ability to lawfully deny that the arrest or charge occurred. That means when you’re filling out a job application or applying for an apartment, you don’t have to disclose an expunged case. 

Under Florida law, once a record is expunged, private background check companies no longer have access to it.

That relief matters. I’ve seen clients go from being rejected repeatedly for jobs to finally receiving an offer, all because their records were cleared. In criminal defense, the legal victory doesn’t always come in a courtroom. Sometimes, it comes from helping someone reclaim their life outside of it.

Cases That Cannot Be Expunged

Florida law sets clear limits on what can be expunged. Certain serious offenses are never eligible, even if the charges were dropped or dismissed. These include crimes like sexual battery, child abuse, and certain violent offenses. Additionally, if you’ve already had a record sealed or expunged, you generally can’t do it again.

That’s why I always explain the law carefully to my clients. Criminal defense involves more than filing paperwork—it’s about honest advice. If expungement isn’t possible, I discuss other ways to address the record, including presenting character references or seeking professional licensure with full disclosure.

Why Timing Matters in Expungement Cases

Many people wait years before exploring expungement, thinking their record will just go away on its own. It doesn’t. A dismissed charge or dropped case stays on your record indefinitely unless you take action. 

That’s why I advise clients not to wait too long. Background checks have become more common, and even a minor incident can cause lasting problems.

The sooner you apply for expungement, the sooner you can stop explaining that arrest to employers, landlords, or schools. In criminal defense, timing can be just as important as strategy.

Helping Clients Move Forward

Every person I’ve helped through the expungement process had their own story. Some were teenagers who made a mistake. Others were wrongfully arrested and never charged. Regardless of the circumstances, what they all wanted was a second chance without judgment or obstacles. Expungement offers that chance.

I take pride in my criminal defense practice because it’s not just about defending rights—it’s also about restoring lives. When a court grants an expungement, I know my client is walking out of that courtroom with more than a legal win. They’re walking out with hope.

Reach Out for the Next Steps

At Marquez Law, I help clients understand their rights and work through the system with purpose and clarity. I’m proud to serve Orlando and West Palm Beach, Florida. Call today for more information.