Legal Question in Criminal Law in Florida

Dismissed simply means the charge is dropped, but the arrest, and the fact that it was dismissed, will still appear on your record if someone does a background check. Expungement erases the charge from your record.

A dismissal means the case has been dropped but it will still show up on your record. When a dropped case is expunged it is literally destroyed and removed from your record. You can legally deny the incident occurring if it is expunged.

The expunction requires a separate action after dismissal of the charges. Expunging the records destroys the record and you can deny or fail to acknowledge the existence of the arrest in certain circumstances (however there are exceptions).

To obtain an expunction you must petition the court that had jurisdiction over the case and only after first applying for a certificate of eligibility with FDLE.

The process can take months.

Feel free to call my office (407-412-7035) or email ([email protected]) if you need assistance with the process.

Natalie Hall, Esq.