Fort Myers Expungement And Probation Lawyers

Last updated on November 12, 2026

When it comes to convictions in the state of Florida, many people assume that there are only two parts to serving one’s sentence: the time of incarceration and the term following probation. In reality, however, what most are not aware of is that there are several options for post-conviction relief. While full-term probation is certainly one scenario that defendants might face after incarceration, in many cases, people are given opportunities to terminate their probation early. In certain events, defendants may even be able to expunge their criminal records completely.

These options can offer great hope and encouragement for those looking to rebuild their lives after serving a penalty. However, in order to obtain these optimal results, applicants must fulfill a lot of different requirements. This is where it becomes crucial to have a seasoned legal representative at your side, whom you can trust with any of your motions to terminate probation and expungements in the Fort Myers area. At Aiken & O’Halloran, our criminal defense attorneys stand ready to help you move on with your life towards hope, healing and complete restoration.

For a free consultation, please call us at 239-955-6715 or complete our contact form. Our probation and expungement attorneys represent clients throughout the Fort Myers area.

Motion Of Early Termination Of Probation

One encouraging prospect for those who have completed their incarceration period and are now serving probation is that of the possibility of early termination of probation, where you can reach the end of probation months or even years earlier than originally sentenced. However, some rigorous expectations must be met to qualify.

The conditions that must be completely fulfilled before the state of Florida will file your motion for early termination of probation include:

• Any community service hours designated by the court must be fulfilled
• Any classes, courses or counseling programs dictated by the court must have been completed
• All costs of restitution toward the victim or accusing party must be complete
• Every fee and court bill must be paid
• In most cases, at least 50% of the original time for probation must be completed, although this can be adjusted based on circumstances

Expunging Your Criminal Record

Another beacon of hope for those who have been convicted of a crime is that of expunging their criminal records. While sealing one’s records from public use is still an optimal opportunity, expungement is an even better process where your records are completely erased and destroyed and thus inaccessible to future employers or background searches. For all intents and purposes, it is as if no crime was ever committed, with the exception that a single copy of your record is held by the Florida Department of Law Enforcement (FDLE).

Although law enforcement can discover that the FDLE retains this copy, they still cannot access your actual record but will only be informed your case has been expunged. This scenario can particularly apply regarding certain juvenile records, but in many cases, there are options for adult expungement as well.

Some of the key requirements to be considered eligible for expungement in the first place include:

• Completing a written application with the exact court where the conviction took place
• Having the original sentence be completed or fulfilled
• A complete absence of any additional or new charges on the record of the person serving the charge

The process of expunging charges in Florida raises a lot of questions for individuals seeking to clear their criminal records. With a clear record, opportunities for employment, housing and education become more accessible. It is a step toward a new beginning and a second chance at life.

However, it can be challenging to work through an expungement. Here are answers to some frequently asked questions about getting charges expunged in Florida.

What does expungement mean?

Expungement refers to the process of legally erasing a criminal record or a specific charge from a person’s record. It means removing the charge from public view, making it as though the crime never occurred. It is important to note that in Florida, expungement does not erase the record entirely but seals it from public view.

How long does the expungement process take?

The length of the expungement process varies, but it usually takes several months. The process involves obtaining a certificate of eligibility from the Florida Department of Law Enforcement and filing a petition in court.

Does expungement erase the record completely?

While an expungement seals a record from public view, certain agencies such as law enforcement and the court can still access these records in specific situations. For example, if the person commits another crime, these agencies may access the records.

Although it is a complex process with specific eligibility requirements, expunging charges in Florida can provide a fresh start for individuals with a criminal record.

What crimes are eligible for expungement in Florida?

The state of Florida outlines specific eligibility criteria that you must meet:

• First-time offenders: If you were a first-time offender and you received a withheld adjudication, you might be eligible for expungement. Withheld adjudication means that although the court found you guilty, a conviction was not formally entered.
• No convictions: Your criminal record is only eligible for expungement if you received no formal conviction of a crime. This includes both felony and misdemeanor convictions.
• Waiting period: There is usually a waiting period after the closing of a case before you can apply for expungement. This waiting period varies based on the outcome of your case.

If you do not meet any one of the necessary criteria, the crime in question is not eligible for expungement.

However, not all crimes are eligible for expungement in the Sunshine State. If you have a record that is acting as an obstacle for your future, it may be wise to explore the types of crimes that are eligible for expungement in Florida.

Nonconviction records

If you experienced an arrest but were not convicted of a crime, your record may be eligible for expungement. This means that if the court did not find you guilty, you can apply to have your record expunged. Be aware that there are criteria and waiting periods associated with nonconviction records.

Juvenile records

In Florida, juvenile records are often eligible for expungement under certain conditions. Juvenile records can include offenses committed when an individual is under the age of 18. Expunging a juvenile record can help young individuals move forward in life without the burden of a criminal history.

Certain misdemeanors

Generally, less serious misdemeanors are more likely to be eligible for expungement. Check the eligibility criteria for the misdemeanor in question and wait for the provided period before applying.

According to a study conducted by the National Institute of Justice, nine out of 10 people who sought expungement were able to clear their criminal records completely. If your Florida criminal record is eligible for expungement, then it is likely in your best interest to move forward with the process.

How many times can you expunge a record in Florida?

Florida is a one-and-done system for expungements. That means if you get your record expunged once, then you would not be eligible to have it done again. This law was codified under F.S. § 943.0585. The only exceptions to this rule are a narrow group of juvenile diversions.  

What this generally means for you is that you have one chance to expunge criminal records. It’s meant to be a bulwark against reoffending, and to a certain extent this is something you may have to consider. No one ever plans for facing arrests in the future, but expunging your record in a one-and-done system is meant to be the final step in putting your past behind you.

Do I have to disclose an expunged record on job applications?

For the most part, when your record is expunged, that’s the end of the story and you do not have to disclose any convictions. However, there are some professions where you must disclose, even if you had your record expunged: 

• Law enforcement
• Education
• Childcare
• The Florida Bar

These professions are those where a person’s history may be scrutinized outside of a routine background check and have sensitive access to children and others.

Where do I file for expungement in Fort Myers?

If you are expecting to file for an exception, you will file it with the Lee County Clerk of Court at the Lee County Justice Center. They are then served on the 20th Judicial Circuit State Attorney.

It should be noted that filing a petition can be done by an individual, but an attorney’s help can be critical in assuring the outcome you need.

Contact Aiken & O’Halloran For A Free Consultation

To learn more about expungement and motions to terminate probation, please call Aiken & O’Halloran in Fort Myers at 239-955-6715 or complete our contact form. Our attorneys have extensive experience in these matters, and we represent clients throughout the Fort Myers area.