Expungements Helping Good People Through Difficult Situations

Expungement Attorney in St. Petersburg

A Former Pinellas County Prosecutor Now Fighting to Clear Your Record

A Florida arrest creates a permanent public record whether you were convicted, had charges dropped, or were never prosecuted at all. That record shows up on background checks run by employers, landlords, and licensing boards, and it can block employment, housing, professional licensing, and educational opportunities. Expungement under Florida Statute 943.0585 physically destroys the record and allows you to lawfully deny the arrest occurred in most circumstances. I’m Attorney Donald Kilfin, and I handle expungements as part of a criminal defense practice built entirely around Pinellas County courts.

Before opening The Kilfin Law Firm, P.C., I spent six years as a Pinellas County state prosecutor. I know how the Sixth Judicial Circuit state attorney’s office evaluates expungement petitions and what prompts an objection. That inside perspective shapes how I prepare every petition I file in this circuit.

If you have an arrest record in St. Petersburg or the surrounding Pinellas County area, call (888) 258-8049 to find out whether your record qualifies. Consultations are free, and I’m available seven days a week.

Why the Prosecutor Background Matters for Your Petition

Florida’s expungement process requires the petition to be served on the state attorney, who has the right to object. Most people don’t know the state attorney’s office uses specific criteria when deciding whether to oppose a petition. I do, because I worked inside that office for six years. I use that knowledge to anticipate objections and address them before they become problems.

My approach is to front-load the work. Before your Florida Department of Law Enforcement (FDLE) application goes out, I’ve already reviewed your case outcome, confirmed eligibility, and identified any disqualifiers that could derail the petition. You have one lifetime opportunity under Florida law to seal or expunge a record. A procedural error or an overlooked disqualifier can forfeit that chance permanently, which is why preparation at the front end isn’t optional.

I personally handle every aspect of your matter from eligibility review through court representation. Clients reach me directly, and I return calls, emails, and texts myself. I’ve helped hundreds of individuals reach favorable resolutions in Pinellas County criminal matters, and I keep my caseload limited so that attention stays real, not nominal.

The Florida Expungement Process in Pinellas County

The process moves through several distinct stages, and I handle each one on your behalf.

Step 1: Eligibility Review

Before you spend money on filing fees or applications, I review your case outcome, charge type, and criminal history to confirm you qualify. If a disqualifier exists, we identify it here rather than after the FDLE application is submitted.

Step 2: FDLE Certificate of Eligibility

I prepare and submit your application to the Florida Department of Law Enforcement, including the required certified disposition of the case and a written statement from the prosecutor. The FDLE processing fee is $75, set by Florida Statute 943.0585. FDLE typically takes approximately 12 weeks to process a completed application. The Certificate of Eligibility is valid for 12 months once issued.

Step 3: Petition to the Pinellas County Circuit Court

Once the Certificate of Eligibility arrives, I draft and file the petition with the Pinellas County Circuit Court, serve all required parties, including the Sixth Judicial Circuit state attorney, and respond to any objections raised. The record isn’t cleared until a certified court order has been received by FDLE. If the judge schedules a hearing, I represent you there.

Schedule a Free Consultation About Your Record

If an arrest in St. Petersburg or Clearwater is limiting what you can do professionally or personally, the first step is finding out whether your record qualifies for expungement. That conversation costs nothing.

I offer free initial consultations and handle expungement matters throughout Pinellas County at rates designed to be accessible. Call (888) 258-8049 or reach out online any day of the week to speak with me directly about your situation.

Sealing vs. Expungement in Florida

Florida offers two forms of record relief, and they aren’t interchangeable. Which one you can pursue depends on how your case was resolved.

Expungement under Florida Statute 943.0585 physically destroys the criminal history record held by criminal justice agencies. FDLE retains a confidential copy that isn’t available for public dissemination and may be released only in limited circumstances defined by statute. Once an expungement is complete, you may lawfully deny the arrest occurred in most circumstances.

Record sealing under Florida Statute 943.059 restricts public access but doesn’t destroy the record. Law enforcement, courts, prosecutors, and certain government agencies retain access to a sealed record.

The key distinction is case outcome. If your charges were dismissed, dropped, or resulted in acquittal, expungement is typically the applicable form of relief. If adjudication was withheld, the case may be eligible for sealing but not expungement. A sealed record that has remained sealed for 10 years may become eligible for expungement. Under either form of relief, you must still disclose the record to criminal justice agencies, positions requiring security clearances, and jobs involving children, the elderly, or disabled persons.

Florida Expungement Eligibility Requirements

To qualify for expungement under Florida Statute 943.0585, your situation must meet all of the following:

Case outcome: Charges were dismissed, dropped, resulted in acquittal, or were never formally filed
No prior adjudication of guilt: You haven’t been adjudicated guilty of any criminal offense in Florida or any other jurisdiction
No prior sealing or expungement: You haven’t previously had a record sealed or expunged through the court petition process in Florida
No active court supervision: You aren’t currently on probation or under any other court supervision for the case in question
No disqualifying offense: The charge must not appear on Florida’s disqualifying list under Section 943.0584, which includes violent felonies such as murder, kidnapping, robbery, and sexual battery; sexual offenses against minors; domestic violence offenses under certain conditions; and drug trafficking

Both misdemeanor and felony charges can qualify depending on the offense type and case outcome. Cases resolved through pre-trial diversion or deferred prosecution programs may also qualify if the outcome meets statutory requirements. Multiple charges from the same arrest may be included in a single petition if the court finds them directly related.

How Expungement Affects Background Checks

After a Florida expungement is finalized, the record shouldn’t appear on background checks run by employers, landlords, or private screening companies. In practice, a few complications can arise.

Private commercial databases sometimes retain arrest information compiled from public sources before the expungement was completed. Florida law requires these companies to remove expunged records upon request, but that removal isn’t automatic and may require follow-up. The FBI maintains a separate database that updates independently from FDLE, and processing delays can cause an arrest to appear on federal background checks for several months after the Florida expungement is complete.

FDLE retains a confidential copy of expunged records accessible only in limited circumstances: applications for criminal justice employment, positions requiring high-level security clearances, or when the person is under investigation for a new criminal offense. Courts and prosecutors may also access that confidential copy during sentencing if you face a future charge.

Common Questions About Florida Expungements

Can I Expunge More Than One Arrest?

Florida law allows only one court-ordered expungement or sealing per lifetime. Multiple charges from the same arrest or incident may be included in a single petition if the court finds them directly related, but arrests from separate incidents can’t both be cleared through this process.

Can a Juvenile Record Be Expunged?

Juvenile records may qualify for expungement under separate provisions, and Florida law generally treats juvenile expungement more favorably than adult expungement. Automatic expungement applies to certain juvenile records by operation of law at age 21 or at age 26 for those committed to a juvenile correctional facility or classified as serious or habitual juvenile offenders.

What Happens If My Petition Is Denied?

A denial by the Pinellas County Circuit Court may be appealed to Florida’s Second District Court of Appeal, or the petition may be refiled after addressing the reason for denial. Common grounds for denial include disqualifying convictions, pending charges, or failure to complete all sentence terms. Sealing may be an alternative in some situations.

Does a DUI Arrest Qualify for Expungement?

A DUI arrest may qualify if the charges were dismissed or never filed. A DUI conviction or a case resolved with a withhold of adjudication follows different rules, and eligibility depends on the specific outcome of the case.

How Long Does the Florida Expungement Process Take?

FDLE takes approximately 12 weeks to process a completed application and issue a Certificate of Eligibility. After that, the petition must be filed with and ruled on by the Pinellas County Circuit Court. The total process commonly spans several months from start to finish.

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Why Choose The Kilfin Law Firm, P.C.?

Selected for Inclusion in the List of Super Lawyers ® Rising Stars ℠
Recognized by the National Trial Lawyers Top 100 Trial Lawyers, 2013-2017
NACA - Top 10 Under 40

Superb 10/10 Avvo Rating
AV Preeminent Rating by Martindale Hubbell for Highest Level of Professional Excellence, 2017
Recognized as one of the Top 100 DUI lawyers in Central FL by the NAFDD, 2014-2017

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"Best of the best!"
From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!

- Michelle
"The light on my families darkest days"
Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND

- Jaroy
"value"
Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion

- Teresa
"Appreciative beyond words"
Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.

- Happy client
"The Best of The Best. As loyal they come"
Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.

- James J Mullan
"Trust & Respect; Donnie is all you Need"
From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.

- Richard M
"A " Stellar Gentleman" that's the only way to describe Donnie Kilfin..."
"Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.

- Matthew C,
"Donnie is the Best!"
10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.

- DB

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