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The Lewin Law Firm, PLLC
561-710-2819​

Daniel Lewin

Fierce Advocacy. Genuine Compassion.

Expungement Lawyer In West Palm Beach

Having a criminal record can impact your ability to secure employment, housing and other opportunities. Expungement offers a way to clear your record and start anew. At The Lewin Law Firm, PLLC, I understand the challenges you face and am committed to helping you regain control of your future. My name is Daniel Lewin, and as a dedicated criminal defense attorney in West Palm Beach, I am ready to assist you in navigating the expungement process.

Why Choose The Lewin Law Firm, PLLC?

When it comes to expungement, you need a lawyer who will fight for your rights and freedom. At The Lewin Law Firm, PLLC, I offer aggressive representation and personalized attention to each case. I bring years of experience in criminal defense to the table as a former public defender, ensuring that your case is handled with the utmost care and dedication. I serve clients throughout West Palm Beach and Florida, providing strong defenses and thorough guidance. I pride myself on my commitment to clients and my ability to craft effective legal strategies.

Understanding The Expungement Process In Florida

Expungement and sealing are two ways to limit access to your criminal record. While sealing a record makes it inaccessible to the public, certain government and law enforcement agencies may still view it. Expunging a record removes it from public view entirely, with access only permitted through a lengthy legal process. I will walk you through these options, helping you understand which is best for your situation.

Crimes Eligible And Ineligible For Expungement

Not all crimes qualify for expungement. Eligible offenses generally include cases where charges were dismissed or you were acquitted. However, serious offenses such as sexual misconduct, murder and terrorism, among others, cannot be expunged. It’s crucial to determine your eligibility before pursuing this legal remedy. I will carefully review your case details to provide clear guidance.

Frequently Asked Questions About Record Clearing In Florida

Below are answers to common questions regarding Florida’s record-clearing laws.

What is the difference between a sealed record and an expunged record?

Both processes limit public access to your criminal history, but they differ in how agencies handle the physical records:

  • Sealing a record: The court and law enforcement agencies keep the record under “lock and key.” It remains in their custody but remains confidential and exempt from public records requests. Most employers and landlords cannot see it.
  • Expunged record: This process requires more steps. Under Florida Statute § 943.0585, an expungement order requires criminal justice agencies to physically destroy or obliterate the record. The Florida Department of Law Enforcement (FDLE) does not keep a copy of the destroyed record; instead, they retain a confidential notation of the expungement that is only available by court order.

Reviewing these differences helps you determine which process fits your specific legal history.

Can a conviction be expunged in Florida?

Generally, no. In Florida, you cannot expunge or seal a record if a court “adjudicated you guilty” of the offense. Expungement applies to cases where:

  • The state dismissed or dropped the charges (Nolle Prosequi)
  • A jury or judge acquitted you at trial
  • You already sealed the record at least 10 years ago and you meet other specific criteria

If the judge “withheld adjudication,” you may be eligible to seal the record, provided the offense is not a prohibited “non-sealable” crime like sexual battery, robbery or carjacking. Meeting these criteria is essential before you begin the filing process with the FDLE.

How long does the expungement or sealing process take?

State agency backlogs determine the timeline. You should expect the process to take between eight and 12 months.

  • Phase 1: You must obtain a Certificate of Eligibility from the FDLE, which currently takes approximately four to six months.
  • Phase 2: You file the petition with the local court, such as West Palm Beach, and the State Attorney has 30 days to respond.
  • Phase 3: A judge reviews the petition and signs the final order.

Each phase requires specific documentation to avoid further delays in the timeline.

Who can still see a sealed or expunged record?

A sealed or expunged record is not invisible to everyone. You must disclose the record, and certain agencies may still access it in the following situations:

  • Employment or licensure: You apply for a position involving children, the elderly, or the disabled through agencies like the Department of Children and Families (DCF).
  • Criminal justice system: You apply for employment with a criminal justice agency, including the Police, Sheriff, or FDLE.
  • The Florida Bar: You apply for admission to practice law in Florida.
  • Firearm permits: You apply for a concealed weapon or firearm permit through the Department of Agriculture and Consumer Services.
  • Future legal proceedings: You are a defendant in a subsequent criminal prosecution, or you attempt to purchase a firearm from a licensed dealer.

Knowing who can access your history allows you to prepare for future background checks.

Take Control Of Your Future Today

Are you ready to clear your criminal record and move forward with your life? Contact The Lewin Law Firm, PLLC, today. Call me at 561-710-2819 or email me to schedule a free consultation. Let me help you reclaim your future and ensure your story is told the right way.