St. Petersburg Expungement Lawyers

An old arrest record can follow you into job interviews and rental applications, but a St. Petersburg expungement lawyer can help you move forward.

Even when charges are dismissed, Florida does not automatically clear criminal records after a certain period. Removing an arrest from public view requires a court-ordered expungement or sealing.

Call (727) 933-0015 to find out if your record qualifies. Lopez Law Group assists clients throughout the Sixth Judicial Circuit with every step of the process, including the Florida Department of Law Enforcement (FDLE) application, court filings, and any required hearings.

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On This Page

• What Is the Difference Between Expunging and Sealing a Record in Florida?
• Who Qualifies for Expungement in St. Petersburg?
• What Does the Florida Expungement Process Look Like Step by Step?
• Ask Lopez Law Group
• How Expungement Restores Opportunities After an Arrest in St. Petersburg
• Why St. Petersburg Residents Choose Lopez Law Group for Expungement
• Common Questions Answered by Our St. Petersburg Expungement Attorneys
• Clear Your Record With the Help of Our Trusted St. Petersburg Expungement Lawyers

What Is the Difference Between Expunging and Sealing a Record in Florida?

Florida treats expungement and sealing as distinct legal processes with different outcomes: expungement removes the record from public access and allows lawful denial in most situations, while sealing keeps the record confidential but still accessible to certain government agencies.

How Expungement Works

Expungement under § 943.0585 results in the physical destruction of a criminal history record from most government databases. Once a record is expunged, even law enforcement agencies need a court order to access it.

A person with an expunged record may lawfully deny that the arrest ever occurred in most situations, including on employment and housing applications.

Expungement is generally available when charges were dropped, dismissed, resulted in a nolle prosequi, or ended in an acquittal. It is the stronger form of relief because the record is removed rather than hidden.

How Record Sealing Works

Sealing under § 943.059 restricts a criminal history record from public access without destroying it. The record becomes confidential and unavailable to most private employers, landlords, and background check services. However, certain government agencies, including law enforcement and state licensing boards, retain access to sealed records.

Sealing is available in broader circumstances than expungement. A person who received a withhold of adjudication, meaning the judge declined to formally convict despite a guilty or no-contest plea, may qualify for sealing even when expungement is not available.

When Does Sealing Convert to Expungement?

Florida law allows a person who has had a record sealed for at least 10 years to petition for expungement of that same record, provided all other eligibility requirements are met. This two-step path is the only route to expungement for cases that ended in a withhold of adjudication rather than a dismissal or acquittal.

Who Qualifies for Expungement in St. Petersburg?

Individuals typically qualify for expungement in St. Petersburg if they have no prior criminal convictions, are not currently under supervision, and meet specific case outcome requirements, such as a dismissal or acquittal.

Florida’s eligibility criteria for record expungement include the following:

• Case outcome: charges were never filed, were dismissed, received a nolle prosequi, or resulted in an acquittal or not-guilty verdict
• No prior adjudication of guilt: the petitioner has never been adjudicated guilty of any criminal offense in Florida as an adult, or adjudicated delinquent for certain specified offenses as a juvenile
• No prior sealing or expungement: the petitioner has never obtained a prior court-ordered sealing or expungement in Florida, unless seeking to expunge a record that has been sealed for at least 10 years
• No current supervision: the petitioner is no longer under any court supervision, including probation, community control, or pretrial intervention, related to the arrest being expunged
• Eligible offense: the charge is not listed as a disqualifying offense under § 943.0584

A single disqualifying factor prevents FDLE from issuing the Certificate of Eligibility. An expungement attorney in St. Petersburg reviews the complete criminal history, the case disposition, and the specific charge before filing the application to avoid wasted time and fees on an ineligible petition.

What Offenses Are Not Eligible for Expungement?

Florida law permanently bars certain serious offenses from expungement or sealing, even when adjudication was withheld. The list of disqualifying offenses under § 943.0584 covers violent crimes, sex offenses, and serious drug charges, among others.

Disqualifying offenses include the following categories:

• Violent crimes: aggravated assault, aggravated battery, robbery, carjacking, home invasion robbery, kidnapping, manslaughter, and homicide
• Sex offenses: sexual battery, lewd and lascivious offenses involving minors, and any offense requiring sex offender or sexual predator registration
• Crimes against vulnerable persons: child abuse, aggravated child abuse, abuse of an elderly or disabled adult
• Other serious felonies: arson, stalking, drug trafficking, and drug manufacturing

The disqualification applies to the charge itself, not just to convictions. If a person pled guilty or no contest to a disqualifying offense, the record is ineligible regardless of whether the judge withheld adjudication.

However, if a disqualifying charge was dismissed or resulted in an acquittal, expungement may still be available. The outcome of the case, not just the nature of the charge, determines eligibility in these situations.

Call (727) 933-0015 for a consultation with a St. Petersburg expungement attorney.

What Does the Florida Expungement Process Look Like Step by Step?

The expungement process in Florida involves multiple agencies and several months of processing time. Each step must be completed in sequence, and errors at any stage may delay or derail the petition.

Step 1: Obtain Certified Case Disposition

The process begins with obtaining a certified copy of the final disposition from the Pinellas County Clerk of Court. This document confirms how the case ended, whether by dismissal, nolle prosequi, acquittal, or withhold of adjudication. FDLE requires this document as part of the application package.

Step 2: Apply to FDLE for a Certificate of Eligibility

The petitioner submits a completed application to the Florida Department of Law Enforcement, along with a fingerprint card and the certified disposition. For expungement petitions, the State Attorney’s Office must also complete and sign Part B of the application, certifying the case outcome.

FDLE processing typically takes approximately 12 weeks from receipt of a complete application, though delays are common.

Step 3: File the Petition With the Court

Once FDLE issues the Certificate of Eligibility, the petitioner must file a Petition to Expunge with the Clerk of Court in Pinellas County within 12 months of the certificate’s issuance. The petition includes the Certificate of Eligibility, a notarized affidavit, and a proposed order for the judge to sign. The petition must also be served on the State Attorney’s Office and the arresting agency.

Step 4: Court Review and Order

The court reviews the petition for completeness and eligibility. If the State Attorney’s Office does not object, many judges grant expungement without a hearing. If an objection is filed, the court schedules a hearing where the petitioner or their attorney presents an argument.

The final decision rests with the judge, even when all statutory requirements are met.

Step 5: Agency Compliance

After the judge signs the expungement order, the Clerk of Court distributes certified copies to FDLE, the arresting law enforcement agency, and any other criminal justice agencies with custody of the record. These agencies have up to 60 days to comply with the order and remove the record from their databases.

Ask Lopez Law Group

My case was dismissed three years ago, but the arrest still shows on background checks. Is that normal?

Yes. Florida does not automatically remove arrest records after dismissal. The arrest remains in public databases maintained by FDLE and the Pinellas County Clerk of Court until a court orders expungement. Without a court order, the record stays visible indefinitely regardless of the outcome.

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I completed a pretrial diversion program, and my charges were dropped. Do I qualify for expungement?

Likely yes. Successful completion of a pretrial diversion program that results in dismissed charges is one of the most common paths to expungement eligibility. The case disposition must reflect a dismissal or nolle prosequi, and all other statutory requirements under § 943.0585 must be met.

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I already had a record sealed five years ago. Am I permanently barred from seeking expungement for a different arrest?

Generally, yes. Florida law limits individuals to one court-ordered sealing or expungement in a lifetime. However, if you are seeking to expunge the same record that was previously sealed, you may petition after the record has been sealed for at least 10 years. A separate arrest from a different criminal episode is generally not eligible for a second sealing or expungement.

How Expungement Restores Opportunities After an Arrest in St. Petersburg

A criminal record that remains public affects daily life in ways that extend far beyond the legal system. Even a dismissed charge creates barriers that persist until the record is actively cleared.

Employment Background Checks

Most employers in Florida run background checks before extending an offer. An arrest record, even without a conviction, may disqualify applicants from positions in healthcare, education, financial services, law enforcement, and government.

After expungement, the arrest no longer appears on standard background checks, and the applicant may lawfully deny it occurred.

Housing Applications

Landlords and property management companies routinely screen applicants for criminal history. An arrest record may result in denied applications regardless of the case outcome.

Expungement removes the record from many public sources these screening services use, though some private databases may need separate removal requests.

Professional Licensing

Florida licensing boards for healthcare professionals, attorneys, real estate agents, insurance agents, and other regulated professions review criminal history as part of the application process. A visible arrest record may trigger additional scrutiny, delayed processing, or denial.

Expungement may reduce this barrier in many licensing applications, though some boards and agencies can still ask about or access sealed or expunged records.

The Right to Deny the Arrest

After expungement, Florida law permits the petitioner to lawfully deny or fail to acknowledge the arrest in most circumstances.

Limited exceptions exist for applicants to criminal justice agencies, applicants for certain state professional licenses, and defendants in subsequent criminal proceedings. For most employment, housing, and personal situations, the arrest may be treated as though it never happened.

Why St. Petersburg Residents Choose Lopez Law Group for Expungement

The expungement process involves coordination between FDLE, the Pinellas County Clerk of Court, the State Attorney’s Office for the Sixth Judicial Circuit, and the arresting law enforcement agency. Errors in the application, the petition, or the supporting documents may result in denial, delay, or wasted fees.

Eligibility Screening Before Filing

Lopez Law Group reviews the complete criminal history, the specific charge, and the case disposition before filing anything. If the record is ineligible, we identify the issue before the petitioner pays FDLE processing fees or invests months waiting for a denial.

If a two-step path through sealing first and expungement later is the only available route, we map that timeline clearly.

Preparation That Reduces Delays

Managing Partner SeanCarlo Lopez and Associate Geoffery Lee Pfeiffer Jr. prepare each application with the documentation, fingerprint card, and State Attorney certification assembled correctly the first time. A complete, accurate application reduces FDLE processing delays and avoids the resubmission cycle that adds months to the timeline.

Representation at Hearings When the State Objects

If the State Attorney’s Office objects to the expungement petition, the court schedules a hearing. Our St. Petersburg criminal defense attorneys represent clients at these hearings in Pinellas County, presenting arguments for why the court should exercise its discretion to grant the petition despite the objection.

Common Questions Answered by Our St. Petersburg Expungement Attorneys

How much does expungement cost in Florida?

Expungement involves several fees at different stages of the process. FDLE charges a processing fee for the Certificate of Eligibility application. The Pinellas County Clerk of Court charges a filing fee for the petition. Attorney fees vary depending on the complexity of the case and whether a hearing is required.

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Does expungement remove my record from private background check databases?

A court-ordered expungement removes the record from the FDLE, court, and law enforcement databases. Some private background check sites may still show outdated information, so separate removal requests may be needed after the order is issued.

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If I was arrested in St. Petersburg but my case was handled in another county, where do I file?

The expungement petition must be filed in the county where the arrest occurred or the court that handled the case. If you were arrested in St. Petersburg and the case was prosecuted in Pinellas County, the petition is filed with the Pinellas County Clerk of Court. If the case was transferred to another jurisdiction, the petition follows the case.

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Is there an age limit for expungement in Florida?

No. Florida does not impose an age limit for seeking expungement of adult criminal records. Separate provisions exist for juvenile record expungement, including early juvenile expungement for individuals between 18 and 21 who completed authorized juvenile diversion programs.

Clear Your Record With the Help of Our Trusted St. Petersburg Expungement Lawyers

An arrest record that should be behind you is still affecting your future. Florida’s expungement process is detailed and unforgiving of errors, but the result is permanent relief from a record that no longer reflects who you are.

Lopez Law Group guides St. Petersburg residents through every phase of the expungement process, from eligibility screening through the court order.

Call (727) 933-0015 to find out whether your record qualifies for expungement in Pinellas County.

SCHEDULE A CONSULTATION