Strategic Record Relief in Broward County
An arrest in Florida does not disappear simply because a case was dismissed.
In Broward County, dismissed charges, no-file decisions, and Withholds of Adjudication can continue to appear in background checks unless properly sealed or expunged. Employers, landlords, licensing boards, and financial institutions routinely access this information through Florida’s public records system.
Florida law provides a one-time statutory opportunity to seal or expunge a criminal record — if you qualify.
That opportunity should be carefully evaluated before any filing is made.
Fort Lauderdale trial lawyer Dave L. Simmons represents clients throughout Broward County in sealing and expungement matters, focusing on eligibility analysis, precise petition drafting, and structured court filings designed to secure lasting relief.
Expungement vs. Sealing: Understanding the Difference
Under Florida Statute 943.045, Florida distinguishes between expungement and sealing.
| Expungement | Sealing |
|---|---|
| Court-ordered destruction of the public record | Record remains but becomes confidential |
| Requires dismissal or no-file | Withhold of adjudication may qualify |
| Highest level of privacy protection available | Removes public access but preserves internal record |
| Lawful denial in most circumstances | Lawful denial in most circumstances |
Both remove public access to your record. Neither automatically erases internal governmental records. The appropriate path depends entirely on how your case was resolved.
Strategic Eligibility Review Before Filing
In Florida, sealing or expungement is permitted only once in a lifetime. Because of that limitation, eligibility should be thoroughly reviewed before filing an application.
A proper analysis confirms:
- The precise language of the final disposition
- Whether adjudication was formally withheld or imposed
- Whether any prior seal or expunge exists statewide
- Whether the offense falls within statutory exclusions
- Whether sealing or expungement is legally available
The Florida Department of Law Enforcement (FDLE) determines eligibility and issues a Certificate of Eligibility before a petition may proceed in court. An FDLE review typically takes 4 to 6 months.
Careful preparation helps ensure the process moves forward without unnecessary delay.
Offenses That Are Not Eligible
Certain offenses are permanently excluded from sealing eligibility under Florida Statute 943.0585 and related provisions.
- Aggravated assault or aggravated battery
- Child abuse
- Kidnapping
- Homicide or manslaughter
- Sexual battery
- Robbery or carjacking
- Burglary of a dwelling
- Stalking or aggravated stalking
- Domestic violence (as defined in Florida Statute 741.28)
- Manufacturing controlled substances under Chapter 893
- Attempts or conspiracies to commit these offenses
If a charge falls into one of these categories, sealing is not available regardless of disposition.
The Broward County Process
- Apply to FDLE for a Certificate of Eligibility
- Submit fingerprints and certified case dispositions
- File a petition in the Broward County Circuit Court
- Judicial review (written submission or hearing)
- Entry of a court order directing agencies to seal or expunge
- Distribution of the order to all relevant criminal justice agencies
While the overall process often spans several months, accurate documentation and statutory precision help ensure efficient implementation once an order is signed.
When Disclosure May Still Be Required
- Applications to the Florida Bar
- Employment with law enforcement agencies
- Certain state agency positions (such as DCF, AHCA, or DJJ)
- Educator licensure
- Firearm purchases (sealed cases)
- Concealed weapon license applications
- Petitions for guardianship appointments
Why Experienced Representation Matters
Sealing or expunging a criminal record is document-driven and statute-specific. Judicial discretion may also play a role in the final outcome.
As a former prosecutor and public defender, Dave L. Simmons understands how criminal records are created, maintained, and reviewed by agencies and institutions. That experience informs careful eligibility analysis and structured petition preparation tailored to Broward County courts.
- Remove public access to your record
- Improve employment prospects
- Reduce housing barriers
- Restore professional credibility
- Allow lawful denial of the arrest in most private-sector settings
A prior arrest does not have to define the rest of your life.
Why Fort Lauderdale Clients Trust Dave L. Simmons
Dave L. Simmons is a Fort Lauderdale criminal defense attorney and former Broward County prosecutor with over 27 years of experience in the 17th Judicial Circuit. As such, he understands how criminal cases are built, evaluated, and resolved from both sides of the courtroom — and that perspective shapes every defense strategy he brings to his clients.
- Former Broward County Assistant State Attorney
- Former Broward County Assistant Public Defender
- Over 27 years of combined criminal law experience
- Focused exclusively on criminal defense
- Representing clients throughout Fort Lauderdale and Broward County
- When you hire Dave Simmons, you work directly with Dave Simmons, no associates, no handoffs, no surprises
Client Reviews & Professional Recognition
- Over 200+ 5.0 ⭐ reviews across the web from Broward County Clients
- Avvo Rating: Superb — the highest rating available, with over 30+ 5.0 ⭐ reviews
- Justia: Perfect "10" Rating
- Martindale-Hubbell Peer Rated 5.0 ⭐
- Featured on Justia, Avvo, and Martindale-Hubbell — among the most trusted attorney directories in the United States
- Florida Bar member in good standing since 1998
