Expungement and Record Sealing Attorney Fort Lauderdale

Expungement and record sealing are the legal processes by which a Florida criminal record is either destroyed (expungement) or withheld from public access (sealing) under Florida Statutes §943.0585 (expungement) and §943.059 (sealing). A sealed or expunged record can make the difference between being hired or denied employment, approved or denied housing, licensed or denied a professional license, and admitted or denied to college. Stewart Valencia P.A. is a Fort Lauderdale expungement and record sealing law firm serving clients throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia has an AV Preeminent rating and 28+ years of criminal law experience. Call (954) 924-0200 to find out if your record qualifies.

Frequently Asked Questions: Expungement & Record Sealing in Fort Lauderdale

What is the difference between expungement and record sealing in Florida?

Sealing a record (F.S. §943.059) means the criminal record is withheld from public access — employers, landlords, and the general public cannot see it, but certain government agencies and law enforcement can still access it. Expungement (F.S. §943.0585) goes further — the physical and electronic records are destroyed, and you may lawfully deny the existence of the arrest and proceedings in most circumstances. In Florida, you must first seal a record before you can petition to expunge it (after 10 years for most offenses).

Who is eligible for record sealing in Florida?

To be eligible for sealing in Florida, you must: Have no prior sealed or expunged records in Florida or any other state; Have no convictions (adjudication of guilt) for any criminal offense; Have successfully completed all conditions of your sentence or diversion program; Not have been adjudicated guilty — charges must have been dropped, nolle prossed, or adjudication must have been withheld; and Not be charged with a disqualifying offense (see below).

What offenses disqualify someone from sealing or expungement in Florida?

Under F.S. §943.059, numerous offenses are permanently disqualified from sealing or expungement, including: Any felony conviction; Domestic violence offenses; Sexual battery; Arson; Murder, manslaughter, or homicide; Robbery; Carjacking; Child abuse or exploitation; Aggravated assault with a firearm; Drug trafficking; Kidnapping; Stalking; and Terrorism. If your offense is not on the disqualified list and you meet all eligibility requirements, you may qualify.

How long does the Florida expungement or sealing process take?

The Florida record sealing and expungement process typically takes 4–8 months from start to finish: Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) takes 90–120 days; Filing the petition with the appropriate county court adds 30–60 days; A hearing may or may not be required depending on the State Attorney's response. An attorney handles all steps — from obtaining your criminal history to filing and appearing on your behalf.

Can I legally say I was never arrested after my record is expunged in Florida?

Yes — with important exceptions. After expungement, you may lawfully deny or fail to acknowledge the arrest in most situations including employment applications and housing applications. However, you must still disclose the arrest when: Applying for admission to the Florida Bar or other professional licenses; Seeking employment with a criminal justice agency or other governmental entity; Applying for positions working with children or the elderly; and In certain civil proceedings. An attorney can advise you specifically about disclosure obligations for your situation.

Why choose Stewart Valencia P.A. for expungement in Broward County?

Attorney Stewart Valencia handles the entire expungement and sealing process — from evaluating your eligibility to filing all paperwork with FDLE and the Broward County Circuit Court. His office at 612 SE 5th Avenue, Suite 3, Fort Lauderdale serves clients throughout South Florida. Bilingual service in English and Spanish. Call (954) 924-0200 for a free eligibility consultation.

Florida Expungement Filed in Broward County Circuit Court

Expungement and sealing petitions in Broward County are filed in the Broward County Circuit Court, 201 SE 6th Street, Fort Lauderdale. The Certificate of Eligibility is obtained from FDLE in Tallahassee. Stewart Valencia P.A. handles clients from all South Florida counties. Call (954) 924-0200 for a free eligibility assessment.