Melbourne Expungement Attorney
Our expungement attorneys in Melbourne, FL, have extensive experience helping clients have their criminal history records sealed or expunged. For residents of Melbourne, Palm Bay, Titusville, Cocoa, Rockledge, Viera, Merritt Island, Sebastian, Vero Beach, and communities throughout Brevard and Indian River County, hiring a Melbourne expungement and record sealing lawyer from Platt, Cole, Russell & Simpson, PLLC can provide a path to sealing or expunging criminal records and reclaiming reputations.
Not all charges can be erased. Having a Melbourne expungement lawyer review your criminal history record is the first step to building future success.
To schedule a free consultation, call our law office at 321-725-3425 or toll-free at 833-922-0554 or use the contact form for a free determination.
Criminal Defense Attorneys to Help You Have Your Criminal Record Sealed or Expunged in Brevard County
Having a criminal record makes it difficult to move forward in life after past mistakes. Our Melbourne expungement attorneys help navigate the process of sealing or expunging criminal history records under Florida statutes. We understand the specific procedures and steps involving in clearning criminal records, meaning the burden of past arrest records and charges are wiped from the public.
Who is Eligible for Expungement and Record Sealing Under Florida Statutes?
- Eligibility Requirements for Expungement:
- Only for arrests or charges that did not result in a conviction
- Applies to misdemeanor or felony offense that wasn’t adjudicated guilty in Florida or another jurisdiction
- Only if there were no adjudication of guilt
- Records are destroyed or returned; limited access remains for law enforcement
- Eligibility Requirements for Sealing:
- May apply to charges that were dismissed, nolle prossed (prosecutors don’t pursue), or for withheld adjudication
- The record remains in court and the FDLE files, but is hidden publicly
- Certain employers, licensing boards, or regulatory agencies may still view
- Disqualifiers:
- Certain offenses: murder, sexual offenses, child abuse, DUI
- Pending charges or active probation/parole
An experienced expungement attorney in Brevard County can advise on whether you qualify to petition to have your criminal history information sealed or expunged based on your specific circumstances.
Expungement vs Sealing: Florida
| Feature | Expungement | Sealing |
|---|---|---|
| Definition | Completely removes the criminal record from the court and the FDLE public access | Does not remove it from court and FDLE documents, but is hidden from public records |
| Eligibility | Only for non-conviction cases (dismissed, nolle prossed, or adjudication withheld) | Non-convictions or cases where adjudication was withheld; some convictions may qualify for limited sealing |
| Access by Law Enforcement / Agencies | Limited access may remain for law enforcement and certain state agencies | Law enforcement, licensing boards, and regulatory agencies still have access |
| Purpose | Clears the criminal record entirely | Reduces visibility |
What Charges Are Eligible for Expungement in Florida
Florida law allows expungement of arrest records where charges were dismissed, dropped, or were either not adjudicated guilty or found so at trial in the state or another jurisdiction.
Individuals who completed pretrial diversion programs or had charges resolved through nolle prosequi (prosecutor’s decision not to pursue the case) can also have their criminal record sealed or expunged.
The charging document, whether an information, indictment, or notice to appear, must not involve offenses specifically excluded from eligibility for court-ordered expunction under Florida statutes.
To determine if your specific arrest and charges qualify for expungement, an experienced Melbourne expungement attorney can examine your criminal history information and certified disposition and advise whether to request expungement through a petition.
What Crimes Are Not Eligible For Expungement Under Florida Law
If someone is found guilty of the following crimes, they typically don’t qualify for expungement under Florida Statute Sections 943.0585 and 943.059:
- Murder, manslaughter, or homicide charges
- Sexual offenses
- Child abuse, neglect, or abandonment
- DUI causing serious bodily injury or death
- Drug trafficking
- Certain felony violent crimes, including robbery, aggravated assault, and armed burglary
- Recidivism-related crimes
- Gun crimes or felonies involving firearms
- Cases with pending charges, active probation, or parole
Additionally, anyone convicted of a crime or adjudicated guilty in the state or other jurisdiction is generally ineligible to have a Florida criminal record sealed or expunged.
Juvenile Record Expungement in Melbourne, FL
Juveniles can have criminal records expunged for offenses committed before age 18. For Brevard County juvenile offenses:
- Applies to individuals who were arrested or adjudicated delinquent as a minor
- In most circumstances, criminal records can be expunged if the minor wasn’t convicted.
- Exceptions include violent crimes and sex crimes
The process and procedures for juvenile criminal records include:
- Filing a petition in the original jurisdiction
- Judges may hold a hearing to discuss the petition
- Requests require legal copies of dispositions and other documents
However, those convicted as adults are typically ineligible, and waiting periods often apply depending on the offense and disposition.
Expungement Process in Brevard County
The expungement process in Brevard County begins with obtaining a certified copy of the disposition from the clerk of court showing the outcome of your criminal case and a complete set of fingerprints on a fingerprint card. You must apply to the Florida Department of Law Enforcement along with the required filing fee, certified disposition, and other supporting documents for review and approval before proceeding with your petition.
Once the Florida Department of Law Enforcement issues a certificate of eligibility confirming you meet the requirements, your attorney will file a petition for expungement with the court in the jurisdiction where the arrest occurred, along with a court order and supporting affidavit. The state attorney’s office reviews the petition and may consent, object, or remain neutral. Suppose the court grants the petition after any required hearing. In that case, a court order is issued directing all law enforcement agencies, the Department of Motor Vehicles, and criminal justice agencies to expunge the record, which is then physically destroyed at a later time.
Benefits of Expunging a Criminal History in Florida
Removes Criminal History From Public Records
An expunged record means it’s completely erased as public information. Expunging criminal history records can prevent employers, landlords, schools, and the general public from accessing information about a criminal history. In most circumstances, court records, FDLE reports, and other online databases no longer display the arrest or charge. The criminal history record is destroyed or returned to the petitioner. However, law enforcement and certain state agencies may retain limited access to the expunged record.
Reduces Background Check Barriers
Expunging criminal histories removes the arrest and charge from public records and commercial background check databases. Employers, landlords, schools, and most screening companies cannot view criminal history records. Only specific online court and FDLE portals display the information.
Improves Employment and Housing Opportunities
Expunging your criminal record takes the arrest record and criminal history record from public records. This keeps potential employers and landlords from seeing arrests or charges that can lead to getting jobs or denied housing opportunities. Most employers and landlords typically screen out applicants with criminal records. This helps by ensuring they won’t find any criminal history information that would otherwise lead to applicants being denied.
Helps With Professional Licensing and Education Eligibility Requirements
Applicants must typically disclose their criminal history to obtain professional licenses or certificates during the application process. Boards can deny or revoke professional licenses based on arrest records. For individuals pursuing careers in healthcare, finance, education, and other professional certifications, hiring an experienced expungement attorney in Melbourne, FL, is critical.
Common Expungement and Record Sealing Challenges in Brevard County
Individuals who believe they qualify to seal or expunge criminal records face obstacles requiring assistance from Brevard County expungement lawyers.
Common technical requirements in the expungement process:
- Obtaining certified copies of dispositions
- Submitting complete fingerprint cards
- Drafting legally sufficient petitions and affidavits
Typical procedural challenges:
- Delays in application processing by the Florida Department of Law Enforcement
- Objections from the state attorney’s office
- Hearings where judges deny the petition due to legal or factual issues
Prior Expungements and One-Time Limitation Rule
Florida’s one-time sealing and expungement law generally allows one sealing or expungement in an individual’s lifetime.
However, there are certain exceptions under Florida statutes:
- Certain juvenile crimes do not count toward the adult one-time limit.
- Specific drug crime charges in Brevard County involving no more than four ounces of marijuana.
- Multiple charges from the same incident can be completed in a single proceeding.
- Rare cases where the legislature provides statutory authorization.
Withholds of Adjudication vs Convictions
Not all charges are able to be sealed or expunged. Courts can resolve cases by withholding adjudication or convictions. This determines whether court records can be sealed or expunged.
| Factor | Withhold of Adjudication | Conviction |
|---|---|---|
| Counts as Conviction? | Usually No | Yes |
| Eligible for Record Sealing? | Often Yes | No |
| Eligible for Expungement? | Only if dismissed or acquitted | No |
| Certified Disposition Required? | Yes | Yes |
Melbourne Record Sealing and Expungement Lawyers Serving Brevard County
Melbourne, West Melbourne, and Palm Bay
Whether you live in Melbourne, West Melbourne, or Palm Bay, our criminal defense attorneys can help seal or expunge Florida criminal records.
Cocoa Beach, Cape Canaveral, Satellite Beach, and Indian Harbour Beach
If you’re interested ina fresh start or have legal questions, our Brevard County expungement lawyers assist residents of Cocoa Beach, Cape Canaveral, Satellite Beach, and Indian Harbour Beach.
Cocoa and Rockledge
Whether your arrest occurred in Cocoa, Rockledge, or surrounding communities, a Brevard County expungement lawyer can help file petitions and supporting papers to meet conditions on your behalf.
Titusville and Port St. John
Our Brevard County sealing and expungement lawyers help clients in Titusville and Port St. John wipe criminal histories and access better opportunities.
Contact a Record Sealing Attorney in Melbourne, FL, For a Free Consultation
If you need your criminal history record reviewed in a timely manner, contact a Melbourne record sealing attorney at our law offices today. We’re committed to providing legal assistance to help clients have brighter futures in Brevard County, Osceola County, Seminole County, Orange County, Volusia County, and surrounding communities.
To schedule a free initial consultation, call our law office at 321-725-3425 or toll-free at 833-922-0554 or use the contact form today to learn more and discuss your options.