Expungement Attorney in DeLand

Assess Your Florida Record Relief Options with Over 20 Years of Legal Experience

Having a criminal record can affect employment, housing, education, licensing, and other opportunities. Florida law provides two distinct forms of relief, record sealing and expungement, depending on your case. We can assess your options and guide you through the process.

At Williams Legal, P.A., we evaluate sealing and expungement options for clients in DeLand and throughout Volusia County. Attorney Douglas Scott Williams leads our practice, bringing over 20 years of legal experience to every case. We offer free consultations and are available 24/7 to answer your questions.

Call (386) 277-1166 for a free consultation about sealing or expunging your Florida record. We’re available 24/7.

Record Sealing vs. Expungement in Florida

Sealing and expungement are two distinct forms of criminal-history relief under Florida law, and the difference matters when you’re deciding which process to pursue.

Expungement of Criminal Records

Expungement directs criminal justice agencies that maintain your record to physically destroy or obliterate it. The Florida Department of Law Enforcement (FDLE) retains certain information for statutory purposes, but that information is confidential and the practical effect is that the record is removed from public view. In most situations, Florida law permits you to legally deny the existence of an expunged arrest, though statutory exceptions apply depending on the type of proceeding or inquiry.

Sealing of Criminal Records

Sealing a record makes your criminal history confidential rather than destroying it. The record remains in existence but is no longer accessible to the general public. Law enforcement agencies, the courts, and certain other authorized entities can still access a sealed record. As with expungement, Florida law permits denial of a sealed arrest in many circumstances, but exceptions exist and vary by context.

We can explain how each form of relief would affect public access and assess which option may be available under your circumstances.

Eligibility for Expungement or Sealing

Eligibility depends on the specifics of your charge, the disposition, your prior record, any supervision or probation status, and the type of relief you’re seeking. The factors below are starting points, not a complete checklist, and an individual case review is necessary.

Common eligibility considerations include:

• Prior court-ordered relief: Florida statutes generally permit a person to receive only one court-ordered sealing or expungement under the standard process. If you have previously obtained such relief under the applicable statutes, you’re generally ineligible for another.
• No pending criminal cases: You can’t have any pending charges against you when you apply under the standard court-ordered process.
• Adjudication requirements: The adjudication standard differs depending on whether you are seeking sealing or expungement. Meeting the correct standard for your specific relief is required.
• Disqualifying offenses: Florida law excludes certain offenses from eligibility by statute, including many violent crimes, sexual offenses, and other specified charges. Whether a particular offense is disqualifying requires analysis of the applicable statute and your record.

Eligibility isn’t automatic, and a Certificate of Eligibility issued by FDLE doesn’t itself seal or expunge your record. Court relief remains a separate step subject to the proper court process.

The Florida Sealing & Expungement Filing Process

Here’s what the sequence generally looks like:

• Apply to FDLE for a Certificate of Eligibility: This is the required first step. The application packet includes a completed FDLE application, a certified disposition from the clerk of the court that handled the case, such as the Volusia County Clerk of the Circuit Court, a fingerprint form or card, and, for expunction applications, a required supporting certification. FDLE charges a $75 nonrefundable processing fee.
• Allow for FDLE processing time: FDLE states that eligibility processing typically takes about 12 weeks after receipt of a complete application packet. FDLE doesn’t expedite application packets.
• File your court petition: After receiving the Certificate of Eligibility, you must file the appropriate petition and supporting materials with a court of proper jurisdiction in the county where the charges were filed.
• Court review and possible hearing: Whether a hearing is required depends on the case and the court’s requirements. The judge reviews the petition and relevant documentation before ruling.
• Certified court order: If the court grants the petition, FDLE must receive a certified copy of the order before the relief takes effect. The Volusia County Clerk lists a $42 fee for sealing or expungement of a court record.

Why Work with an Expungement Lawyer in DeLand

Missing documents, incomplete application packets, and procedural errors can delay FDLE or court review and require additional work. No attorney can guarantee eligibility, approval, a specific processing time, or a particular court result because those outcomes depend on your individual record and the applicable statutes.

At Williams Legal, P.A., we can assess potential eligibility, review your case history and documents, prepare the necessary paperwork, and represent you in court if necessary. We build our legal strategy around your specific record and circumstances rather than using a one-size-fits-all approach. Consultations are available in person or by phone, and we make jail calls when necessary.

Schedule Your Free Consultation

If you’re ready to find out whether you may qualify to seal or expunge your record, contact Williams Legal, P.A. today. During your consultation, we can review your disposition, prior record, and other case information relevant to assessing your options.

Call (386) 277-1166 any time, 24/7, or fill out our online contact form to schedule your free consultation now.