Daytona Beach Expungement and Record Sealing Lawyer

Thinking About Clearing Your Record? Start With These Steps

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A few documents make the eligibility review much faster. Before you apply:

• Get the final disposition. Request a certified copy of the disposition for each case from the Clerk of Court in the county where the case was handled.
• List every arrest. Include arrests in other counties and states and any juvenile matters. Eligibility depends on your entire history, not just one case.
• Check how each case ended. A dismissal, a withhold of adjudication, and an adjudication of guilt are treated very differently.
• Confirm that your sentence is complete. Probation and other court supervision for the case generally must be finished before you apply.
• Do not guess on the application. Incomplete or inaccurate applications can delay the process or lead to denial.

Why Choose Daytona Defense?

Personal Attention When You Need Clear Answers

Clearing a record is often about a job, a lease, or a license that matters to you right now. We review your history with you, explain which options fit your record, and tell you plainly if you do not qualify.

Experienced Florida Criminal Defense

Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Because Daytona Defense handles criminal cases from arrest through resolution, we understand how each type of disposition affects eligibility. Meet our founder to learn more about the experience behind our approach.

Clear Fees and Payment Options

Daytona Defense offers flat-fee representation and payment plans. During your consultation, ask about the fee for your record, what the representation includes, and the government fees you should expect.

What Is the Difference Between Sealing and Expunging a Record?

When a record is sealed under Florida Statutes § 943.059, it still exists but is confidential and closed to the public. When a record is expunged under § 943.0585, most agencies must physically destroy it, although the Florida Department of Law Enforcement keeps a confidential copy.

In most situations, a person whose record has been sealed or expunged may lawfully deny or fail to acknowledge the arrest. There are important exceptions, including applications for work with criminal justice agencies, positions involving children, the elderly, or people with disabilities, admission to The Florida Bar, and certain licensing and firearm-related applications.

Sealing and expunction restrict access to the record. They do not change the outcome of the case.

What Is Automatic Sealing?

Under § 943.0595, many records are sealed automatically when no charges were filed, the charges were dismissed or dropped as to all counts, or the person was found not guilty or acquitted. Automatic sealing does not apply to forcible felonies or to offenses that require sex offender registration, and it does not destroy the record. A court-ordered expunction may provide a more complete result, and your lawyer can explain whether it makes sense for you.

How Does the Expungement Process Work?

Court-ordered sealing and expunction in Florida follow a two-step process: approval from the Florida Department of Law Enforcement, followed by a petition to the court.

Step One: The Certificate of Eligibility

The application goes to FDLE with fingerprints, a certified copy of the final disposition, and a $75 processing fee. For an expunction, the application also requires a written, certified statement from the State Attorney’s Office. FDLE reviews your entire criminal history before issuing a certificate.

Step Two: The Petition to the Court

After FDLE issues the certificate, a petition and sworn statement are filed in the court where the case was handled. The State Attorney’s Office receives notice and may object. Even when a person is eligible, the judge has discretion to grant or deny the petition.

The Order and Agency Compliance

If the petition is granted, copies of the order go to the agencies that hold the record. Private background screening companies may continue to show old information until it is corrected, so keeping a certified copy of your order is important.

Who Can Seal or Expunge a Record in Florida?

Eligibility depends on how your case ended, your entire criminal history, and the specific offense. The following rules explain why a careful review matters before you apply.

General Eligibility Rules

Court-ordered sealing generally requires that you were not adjudicated guilty of the offense and have never been adjudicated guilty of a criminal offense, or adjudicated delinquent for certain offenses as a juvenile. Court-ordered expunction is generally available when charges were not filed, were dismissed, or ended in an acquittal, or when the record has already been sealed for at least 10 years, along with other requirements.

Offenses That Cannot Be Sealed or Expunged

Florida Statutes § 943.0584 lists offenses that cannot be sealed or expunged after a finding of guilt or a guilty or no-contest plea, even if adjudication was withheld. The list includes many sexual offenses, offenses involving children, drug trafficking, and many violent and domestic violence offenses.

The One-Time Limit

Under §§ 943.0585 and 943.059, a person is generally entitled to one court-ordered sealing or expunction in a lifetime, with limited exceptions. Automatic sealing is not subject to that limit. Because of this rule, choosing which record to address, and how, matters.

How an Expungement Case Is Built

A successful petition starts with an accurate picture of your history. Our review looks at every arrest, how each case ended, and which legal path fits.

Review the Full Criminal History

We review court records, arrest records, and your criminal history to identify every entry that affects eligibility, including out-of-state and juvenile matters. Errors in a record can sometimes be corrected before an application is filed.

Evaluate the Path That Fits Your Record

• Court-ordered expunction: For qualifying cases that were not filed, were dismissed, or ended in an acquittal.
• Court-ordered sealing: For qualifying cases that ended with a withhold of adjudication.
• Automatic sealing: For records that qualify under § 943.0595 without a court petition.
• Administrative expunction: For arrests made contrary to law or by mistake, under § 943.0581.
• Juvenile records: Florida has separate rules for many juvenile records, including early expunction options.

No single path fits every record. We explain the strengths, limits, and practical options so you can decide how to proceed.

Online Mugshots and Background Check Companies Are Different Matters

A court order binds government agencies. Private background screening companies and websites may continue to display old information until they update their records. Florida Statutes § 901.43 prohibits publishers of booking photographs from charging a fee to remove them and requires removal within 10 calendar days after a written request.

Keep your certified order in a safe place. It can help you correct an outdated background report or respond to questions from an employer or landlord.

Expungement FAQs

Office visits by appointment. Call (386) 230-3347