Breaking Free From the Past: How Expungement Can Help
Sept. 19, 2025
When someone carries a criminal record, especially a felony conviction, it can feel like every door they approach is only half-open. Opportunities that should be available to anyone—employment, housing, education, and even personal growth—are often limited.
Expungement law in our state provides a pathway to clear certain records, whether tied to past arrests, dismissed charges, or other eligible cases.
At Daytona Defense, our criminal defense attorney, Jeffery Higgins, is here to help you understand your options and protect your rights throughout the process. We help clients in Daytona Beach, throughout Volusia County, and across Flagler County, as well as the surrounding areas.
What Expungement Means
Expungement is the legal process of clearing an arrest or conviction from someone’s record. In Florida, this doesn’t erase history, but it can give individuals a second chance by making those records inaccessible to the public. That means employers, landlords, or schools generally won’t be able to see a record that has been expunged.
This process doesn’t apply to every situation, but when it’s available, it can give people a new sense of freedom. A felony conviction on your record can make everyday progress difficult, but expungement allows qualified individuals to move forward without being defined by past mistakes.
Why Expungement Matters in Florida
Living in Florida means that criminal records are relatively easy for the public to access. Background checks are common, and information about arrests and convictions is often just a few clicks away. For someone with a felony conviction, that kind of exposure can be overwhelming and discouraging.
Expungement can limit that exposure, giving people the ability to compete for jobs and housing without the constant shadow of a record. In many ways, it’s not just about protecting privacy—it’s about giving people a fair chance to rebuild.
For individuals ready to pursue that fresh start, Jeffery Higgins at Daytona Defense can guide the process and work to show how expungement can open the door to better opportunities.
The Lasting Effects of a Felony Conviction
When we meet with people who’ve had a felony conviction, they often talk about the hurdles they face every day. The law may say that they’ve served their time, but society often has a different view. Employers may hesitate to hire, landlords may decline applications, and schools may deny access to programs.
These barriers don’t only affect the individual; they also impact families. Children can feel the consequences when a parent struggles to find stable work or housing. Expungement helps reduce these obstacles and makes it possible to rebuild stability.
Who Qualifies for Expungement
Not everyone is eligible for expungement in Florida. The state has specific rules about which offenses can be expunged and who can apply.
Some of the main factors that come into play include:
The type of charge involved.
Whether the case was dismissed or resulted in a conviction.
Whether the applicant has other convictions on their record.
Whether the applicant has previously had a record sealed or expunged.
For example, if someone has a felony conviction, the options are more limited, but in certain situations, record sealing or other legal relief may still be available. Each case requires careful analysis to see what’s possible.
The Difference Between Sealing and Expungement
In Florida, there’s an important distinction between sealing and expungement. Sealing means the record still exists, but access is restricted. Expungement goes further by physically destroying the record in most cases, leaving only a confidential file with the Florida Department of Law Enforcement.
Both options provide significant relief, and for someone with a felony conviction, either path can change the way future employers, landlords, and others see them. While the terms are sometimes used interchangeably, the outcomes can have slightly different effects.
The Application Process
The expungement process requires patience and attention to detail. It typically begins with applying to the Florida Department of Law Enforcement. That application includes fingerprints, a certified court disposition, and other documentation.
After review, the FDLE issues a certificate of eligibility. With that certificate, the next step is filing a petition with the court. The court then decides whether to grant the expungement.
This process can take months, and it’s important to be thorough. One error in paperwork can cause unnecessary delays. For someone eager to move on from a felony conviction, accuracy is crucial.
How Expungement Impacts Employment
One of the main reasons people pursue expungement is the chance to apply for jobs without fear of rejection. Employers often ask about criminal history, and background checks are standard practice. Even an old case can cast a shadow during the hiring process.
Expungement changes that dynamic. Once a record is expunged, it generally doesn’t show up in background checks for most employers. That means a dismissed charge from years ago doesn’t have to define someone’s career opportunities.
Expungement and Housing Opportunities
Housing is another area where a record can make life difficult. Landlords often use background checks to screen applicants, and a felony conviction can be a deal breaker. That creates serious challenges for people who are otherwise qualified and able to pay rent.
When a record is expunged, applicants can compete more fairly. They’re judged on their current situation rather than something from their past. That shift can make the difference between securing stable housing and struggling with rejection after rejection.
Educational Opportunities and Expungement
Education is often the key to advancing a career, but many schools also require background checks. A felony conviction may prevent someone from enrolling in certain programs or receiving financial aid.
By clearing a record through expungement, individuals have the chance to pursue education without the same barriers. That opportunity can lead to better jobs, a stronger income, and a brighter future.
Personal and Emotional Benefits
While much of the conversation about expungement focuses on practical benefits, the personal impact is just as significant. Carrying a record often means carrying shame, guilt, or frustration.
When a case is expunged, it doesn’t just change how society sees someone—it changes how they see themselves. It allows people to regain confidence, to feel worthy of opportunities, and to truly put the past behind them.
Common Misunderstandings About Expungement
Many people misunderstand what expungement can and can’t do. Some believe it erases every trace of a case, but that’s not true. Certain agencies, like law enforcement and the courts, may still access sealed or expunged records.
Others assume that any felony conviction can be expunged, which isn’t accurate. Florida law has restrictions, and not every case qualifies.
What’s important is to have clear information and realistic expectations. Expungement is powerful, but it has limits.
Why Timing Matters
Expungement often depends on timing. If someone applies too soon, they may not qualify. Waiting until certain conditions are met can make the difference between approval and denial.
For example, if probation or other conditions are still active, an application isn’t likely to succeed. Once everything is complete and the required waiting period has elapsed, the process can proceed.
The Bigger Picture of Expungement and Society
Expungement isn’t just about individual progress; it also benefits society. When people with past convictions can find stable work and housing, communities become stronger. Families are more secure, and the cycle of crime is less likely to continue.
Reducing the impact of a felony conviction helps reduce recidivism and gives people real opportunities to contribute. In that sense, expungement isn’t only about second chances for individuals—it’s about building healthier communities.
When Expungement May Not Be Possible
There are times when expungement isn’t an option. Certain crimes, including violent offenses and sexual offenses, aren’t eligible. Multiple convictions can also limit eligibility.
That doesn’t mean people are without options. Sometimes record sealing is available, and in other cases, clemency or other forms of relief may apply. Exploring these alternatives is part of finding the right path forward.
The Steps We Recommend
When someone is interested in expungement, we often suggest starting with a few simple steps:
Gather all paperwork related to the case.
Request a copy of your criminal history to see what appears.
Review eligibility requirements under Florida law.
Speak with an attorney to discuss options.
Taking these steps can clarify whether expungement is realistic and what the timeline might look like.
Looking Ahead After Expungement
For those who qualify, expungement can truly mark the start of a new chapter. It allows people to focus on their goals rather than their past. Whether it’s applying for a job, renting an apartment, or going back to school, the opportunities expand.
A felony conviction may feel like a permanent barrier, but expungement shows that progress is possible. It represents the chance to break free from old limitations and pursue a future based on who you are today.
Expungement offers hope for people who want to move forward after a criminal case. It doesn’t erase the past, but it can remove barriers that keep someone from building the life they want. For those with a felony conviction, it can mean the difference between continued struggle and a fair opportunity to grow.
Contact Jeffrey Higgins at Daytona Defense Today
If you’re dealing with the impact of a criminal record, you don’t have to face it alone. At Daytona Defense, we help clients in Daytona Beach, throughout Volusia County, and across Flagler County, as well as the surrounding areas. Contact Jeffery Higgins at Daytona Defense today to schedule a consultation and take the first step toward protecting your future.