TAMPA, Fla. (Bloom) — The demand for criminal history liquidation has reached new heights as the Florida job market continues to tighten and background checks play a growing role in employment decisions. However, despite bipartisan interest, legislative efforts to expand eligibility for expungement have repeatedly stagnated, causing many Floridians to navigate complex legal processes themselves.
Legislative bottlenecks do not change the system
Florida’s current exclusion and sealing laws are the most limited in the country. Individuals are usually permitted to slash or seal their lifespan under narrow circumstances, such as when the charges are withdrawn, dismissed or result in withholding of an award. An ineligible charge, previous conviction, or past expungement could disqualify someone for the rest of their life, even if the case occurred decades ago.
The bill, introduced during the 2024 legislative conference, aims to expand these options, allowing multiple expunges and expanding eligibility to a wider range of non-violent offenders. It reflects the growing recognition that both rooms pass with bipartisan support and that permanent criminal history can produce lifelong consequences, even if they are unsure. However, in July 2024, Gov. Ron DeSantis rejected the measure, citing public safety concerns and opposition from several law enforcement agencies.
Supporters of the bill argued that Florida’s strict framework is outdated and a step away from the evolving national conversations about second chances and criminal justice reform. States such as Utah, Michigan and Pennsylvania have adopted automated or repeated expungement policies to enable hundreds of thousands of people to clear records without the need for legal intervention.
The impact of inaction
The results of Florida bottlenecks go far beyond technology. For those with arrest records, opportunities can be completely restricted or lost even if the conviction is not persistent. Employers, real estate managers, licensing committees and even volunteer organizations routinely carry out background checks. In many cases, an old arrest is sufficient to disqualify the applicant regardless of the outcome.
“Erasing is more than clearing a file: restoring dignity, privacy and opportunity,” said David Weiselberger, a leading Florida exemption lawyer and founder of the subject. “We’re not talking about career criminals. We’re talking about people whose cases were dropped or none of them were convicted.
Former prosecutor Weisselberger spent the past six years focusing solely on sealing and erasure. His Miami-based company serves clients across the state and has helped thousands navigate the multi-step process needed to clear records.
Practical challenges of narrow law
This process can be challenging even for those qualifying under Florida restrictions laws. Applicants must first obtain a certification of eligibility from the Florida Department of Law Enforcement (FDLE). From there, they must prepare a petition and file it in court, and often appear at hearings.
According to Weisselberger, most people don’t do that that much.
“The law is narrow, but even for qualified people, red tape prevents follow-through,” he explained. “We estimate that thousands of people are eligible but will not complete the process because we often don’t understand how it works, or assume it’s too expensive or time-consuming.”
Remove the case to address that gap. The company offers a digital intake process, transparent flat rates and flexible payment plans. In most cases, Weisselberger said it will be resolved in 3-5 months, significantly faster than the statewide average of 6-12 months.
The demand for relief is rising
The demand for record-settlement is more than just anecdote. According to FDLE data, certification applications have grown steadily over the past decade, especially following the Covid-19 pandemic, which left many Floridians seeking new jobs, housing or professional licences.
However, consciousness continues to be slow. Many individuals believe that arrest records automatically “leave” over time, and do not realize that unless the records are officially sealed or wiped, they are public and made visible through background checks. Others don’t know that a dropped or rejected claim may qualify.
“There’s a lot of misinformation there,” Weiselberger said. “People assume that if they’re not convicted, it won’t show up. Unfortunately, that’s not how it works in Florida.”
He added that some clients only learn about record visibility after losing their job or housing application. “By the time they come to us, it’s often reactive. Something bad has already happened.”
Ripple effect of erasure
The benefits of expunging are far beyond one individual. Many studies have shown that those who clear the records are more likely to ensure stable employment, earn higher wages, and avoid future contact with the judicial system. According to a 2019 University of Michigan survey, individuals who were deprived of records had an average increase in revenues of 25% within two years.
“There’s a real public interest in ensuring people don’t sit by on old records forever,” Weiselberger said. “It helps families, helps the community, and reduces reliance on public support and re-entry services.”
Nonetheless, Florida does not have an automatic expungement process, putting a complete burden on individuals to begin and complete the legal process.
Looking ahead
With the 2024 reform bill failing and no significant legislative changes expected in future sessions, Florida’s expungement landscape could remain static in the near future. Advocates hope to reintroduce the law in 2026, but significant changes could require broader public pressure and education.
In the meantime, professional legal assistance may be the easiest way for thousands of Floridians looking for a new start. “We can’t change the law,” Weiselberger said.
