Expungement Attorney in St. Petersburg, FL

Former Prosecutors Handling Expungements in St. Petersburg for Over 30 Years

A Florida arrest stays on your record permanently unless you take legal action to clear it. That’s true even when charges were never filed, dismissed, or resulted in an acquittal. At The Fleming Law Group, P.A., both of our attorneys are former state prosecutors who have spent over 30 years handling criminal defense in St. Petersburg. That background means we know how the state attorney’s office evaluates expungement petitions and where procedural leverage exists in the process.

We handle expungement and record sealing for clients throughout the St. Petersburg, FL area and offer free consultations so you can learn whether your record qualifies before committing to anything.

Ready to find out if your record qualifies? Call our St. Petersburg expungement attorneys today at (727) 202-4858 for a free consultation, available 24/7.

Expungement vs. Record Sealing in Florida

Florida law provides two distinct forms of relief: expungement under Florida Statute 943.0585 and record sealing under Florida Statute 943.059. Which one applies to your case depends on how it was resolved.

Expungement physically destroys the criminal record. The Florida Department of Law Enforcement (FDLE) retains one confidential copy accessible only in extremely limited circumstances, but for nearly all purposes, the record may effectively cease to exist. Sealing restricts public access without destroying the record. Law enforcement agencies, courts, and certain government agencies can still view a sealed record, but it won’t appear on standard background checks in most circumstances.

The distinction often comes down to adjudication. A withhold of adjudication means the court didn’t formally enter a conviction, even if you entered a plea or completed probation. Records with a withhold may qualify for sealing. Cases resolved without any adjudication at all, such as dismissed charges or pretrial diversion completions, may qualify for expungement. In both situations, Florida law allows you to lawfully deny the arrest occurred in most private-sector contexts. A sealed record that has been in place for 10 years may later become eligible for expungement.

Florida Expungement Eligibility Requirements

Not every record qualifies. Before filing anything, we assess whether your case meets Florida’s eligibility criteria.

Core requirements include:

• No prior criminal conviction in Florida or any other state
• No prior sealed or expunged record in Florida (Florida law limits each person to one lifetime expungement or sealing, with limited exceptions for certain juvenile records)
• No active court-ordered supervision at the time of application
• The offense must not appear on Florida’s list of disqualifying crimes

Disqualifying offenses include violent felonies such as murder, manslaughter, kidnapping, robbery, and home invasion robbery, as well as sexual offenses and certain domestic violence offenses. Cases resolved through pretrial diversion or deferred prosecution may qualify for expungement even when they involved felony-level charges. Both misdemeanors and felonies can be addressed if eligibility requirements are met, and multiple charges from a single arrest can typically be handled in one petition.

The Florida Expungement Process: FDLE to Pinellas County Circuit Court

Florida’s expungement process involves multiple agencies and several procedural requirements. A misstep at any stage, such as an incorrect case number, missing documentation, or improper service, can result in denial and forfeiture of filing fees.

The process generally follows these steps:

• Eligibility assessment: We review your complete criminal history and case disposition to confirm you qualify before any filings are made
• FDLE application: We prepare and submit a certificate of eligibility application to the Florida Department of Law Enforcement, which requires notarized signatures, fingerprinting, a $75 FDLE fee, a certified case disposition, and a certified statement from the state attorney
• Pinellas County Circuit Court petition: After receiving the certificate of eligibility, we file the petition with the Pinellas County Circuit Court and serve all required parties, including the state attorney and relevant law enforcement agencies
• Court hearing (if applicable): If the state attorney objects or the judge schedules a hearing, we represent you at that proceeding
• Post-order compliance: After the court order is granted, we work to confirm that all applicable agencies have destroyed or sealed the record and that it may be removed from relevant databases as applicable

The full process can take up to a year depending on application volume and whether objections arise. Our familiarity with how the state attorney’s office approaches these petitions in St. Petersburg informs how we build and present each case from the start.

Why St. Petersburg Clients Work With The Fleming Law Group, P.A.

Our two attorneys bring over 40 years of combined criminal law experience, including time spent as state prosecutors. That perspective is directly relevant to expungement work. We understand the criteria the state attorney’s office applies when deciding whether to object to a petition, which means we can anticipate problems and address them before they delay your case.

The Fleming Law Group, P.A. has been recognized by Super Lawyers for five consecutive years and is a member of the St. Petersburg Bar Association. We’ve also been recognized by Law Firm 500. Our attorneys are reachable by phone and email 24/7, and clients receive personalized attention focused on their specific record and goals. Free consultations are available with no financial pressure to retain us before you’re ready.

Start with a Free Consultation

If a criminal record is affecting your employment, housing, or professional licensing opportunities in St. Petersburg, the first step is finding out whether you qualify for relief. We can review your record, explain your options under Florida law, and walk you through the steps involved for your specific situation.

Call The Fleming Law Group, P.A. at (727) 202-4858 to schedule your free consultation. We’re available 24/7 and ready to help you move forward.