Can I Get an Arrest Off My Record?
Yes, in many Florida cases, you may be able to get an arrest removed from public view through sealing or expungement — but eligibility depends on how the case ended, the charge involved, and your prior record.
An arrest record can follow you long after the case is over. It can appear on background checks, affect employment, housing, professional licenses, immigration issues, education, and your reputation. Even if the case was dropped, dismissed, or you were never convicted, the arrest may still appear unless you take legal action to seal or expunge it.
What Is the Difference Between Sealing and Expungement?
Sealing means the record is hidden from public view, but certain government agencies may still be able to access it under limited circumstances.
Expungement generally provides greater protection because the record is physically destroyed or removed from most agency files, with FDLE retaining a confidential copy in limited circumstances.
The Florida Department of Law Enforcement explains that a person seeking court-ordered sealing or expungement must first apply to FDLE for a Certificate of Eligibility, which is the required first step before asking the court to seal or expunge the record.
When Can an Arrest Be Expunged in Florida?
You may be eligible for expungement if the case did not result in formal charges, was dismissed, or ended in a way that qualifies under Florida law.
Florida Statute § 943.0585 provides that a person may be eligible to petition for expungement when an indictment, information, or other charging document was not filed or issued in the case, subject to additional statutory requirements. The law also states that a court may order expungement for one arrest or one incident of alleged criminal activity, although the court has discretion and expungement is not automatic.
When Can a Record Be Sealed in Florida?
Sealing may be available when charges were filed but the case did not result in a conviction and the charge is not disqualified under Florida law.
Florida Statute § 943.059 governs court-ordered sealing of criminal history records. Like expungement, sealing requires eligibility, a petition, and court approval. The statute also makes clear that sealing is not guaranteed and may be denied at the court’s discretion.
Can I Seal or Expunge a Record If I Was Convicted?
Usually, a conviction creates a major problem for sealing or expungement in Florida. Many people are surprised to learn that even a plea may prevent sealing or expungement if it resulted in an adjudication of guilt.
If you received a withhold of adjudication, you may still be eligible in some cases, depending on the charge and your history. If you were adjudicated guilty, eligibility is much more limited.
How Many Times Can I Seal or Expunge a Record?
For standard court-ordered sealing or expungement under Florida Statutes §§ 943.0585 and 943.059, FDLE states that a person is generally entitled to one court-ordered sealing or expungement in a lifetime.
That is why it is important to handle the process correctly. A mistake can delay the case, cause denial, or waste your one available opportunity. Working with experienced attorneys is vital to your case.
What Is the Process to Get an Arrest Off My Record?
The process usually involves:
- Determining whether the arrest, charge, and outcome qualify.
- Applying to FDLE for a Certificate of Eligibility.
- Obtaining any required State Attorney certification.
- Preparing and filing a petition with the court.
- Submitting the required affidavit and proposed order.
- Attending a hearing if required.
- Serving the signed order on the proper agencies.
FDLE makes clear that the Certificate of Eligibility is only the first step. It confirms statutory eligibility to petition the court, but the judge still decides whether to grant the sealing or expungement.
Why Hire Michael M. Raheb?
Fort Myers criminal defense attorney Michael M. Raheb has successfully handled hundreds of cases in state and federal courts throughout Southern Florida. He believes in aggressively attacking every aspect of the opposing side’s case to obtain the most favorable outcome possible for his clients.
When dealing with an arrest record, that means looking carefully at the original charge, the final disposition, whether charges were filed, whether adjudication was withheld, whether the offense is disqualified, and whether the record may qualify for sealing or expungement.
Mr. Raheb has handled jury trials ranging from DUI and BUI to murder and aggravated sex battery. He has served as an Assistant Public Defender, filed dozens of writs of habeas corpus, and has been involved in appellate litigation, including Young v. Shoap.
Proven Experience in Serious Criminal Defense
Mr. Raheb served as lead defense counsel in one of Florida’s most publicized sexual battery cases, State v. Hiatt. The case received national coverage and involved extremely serious allegations. With an offer to the defendant of life in prison without the possibility of parole, Mr. Raheb successfully defended his client, who was acquitted in less than three hours.
That kind of experience matters not only when defending against charges, but also when helping clients move forward after a case is over.
Contact Michael Raheb About Sealing or Expunging Your Arrest Record
You may be able to get an arrest off your public record, but you need to know whether you qualify before taking action. The outcome of the case, the type of charge, your prior record, and Florida’s eligibility rules all matter.
If you were arrested in Fort Myers, Cape Coral, Lee County, Collier County, Broward County, or anywhere in Southern Florida, Michael M. Raheb can review your record and explain your options.
Contact Michael M. Raheb today to arrange a free consultation and find out whether your arrest may qualify for sealing or expungement.
