From time to time, I will receive a call from individuals who have gone through the
lengthy process under Florida law to obtain what is called an Order of Expungement to have their
criminal charge/case removed from the public record and to have the court file physically
destroyed. They have qualified for such Order due to their criminal case/charge(s) being
dropped/dismissed by the prosecutor’s office, and they have met the other prerequisite
requirements under Chapter 943 of the Florida Statutes. What happens, though, if for some
reason, you need to obtain a copy of part or all of the case file after the Court Order has been
entered, and you have not saved a copy of such paperwork from the case for you own records
before the Order is entered?
The process to obtain a copy of your expunged file/record is per the same Florida Statute,
Chapter 943. The only entity, however, that will have a copy of such records is the Florida
Department of Law Enforcement (FDLE), and for their agency to give you any of the information
from your court case/file, they will need a Court Order directing them to do so. Essentially, it is
setting aside the expungement Order for FDLE to turn over to you the records you need. Once
that is accomplished, then you will need to request from the same Court a follow-up Order of
Expungement to be entered.
Our firm has handled many sealing and expungement cases for many years in Volusia
County, and in other parts of the state of Florida. If you would like to discuss your case and
discuss if you qualify for such services and legal options, please give us a call. The initial
consultation is free.