How to Seal or Expunge a Criminal Record in Florida
A criminal record in Florida can follow you for life—affecting job applications, housing opportunities, professional licenses, and even volunteer positions. Fortunately, Florida law allows eligible individuals to seal or expunge certain criminal records, making them invisible to most background checks.
Understanding the difference between sealing and expungement, determining your eligibility, and navigating Florida's complex application process can mean the difference between carrying a criminal record indefinitely and getting a fresh start.
Sealing vs. Expungement: What's the Difference?
Sealing (Florida Statutes §943.0585)
What it does: Hides your criminal record from public view but doesn't destroy it.
Who can see sealed records:
Law enforcement agencies
Government agencies for licensing purposes
Certain regulated industries (healthcare, education, legal profession)
Courts for future sentencing purposes
Who CANNOT see sealed records:
Private employers conducting standard background checks
Landlords and property managers
Most volunteer organizations
General public searches
Eligibility: Available for arrests that resulted in withhold of adjudication (no formal conviction) on eligible offenses.
Expungement (Florida Statutes §943.0579)
What it does: Physically destroys or removes your criminal record from databases.
Who can see expunged records:
Virtually no one (with very limited exceptions for specific law enforcement purposes)
Even government agencies should not see expunged records in most circumstances
Who CANNOT see expunged records:
Private employers
Government agencies (with rare exceptions)
Courts (with limited exceptions)
General public
Eligibility: Only available for arrests that did NOT result in conviction (charges dismissed, not guilty verdict, or nolle prosequi).
Critical limitation: You can generally seal or expunge only ONE record in your lifetime in Florida (with limited exceptions for human trafficking victims and certain other circumstances).
Who Is Eligible to Seal or Expunge in Florida?
Basic Eligibility Requirements (Both Sealing and Expungement)
To qualify, you must meet ALL of these conditions:
No prior sealing or expungement - You haven't previously sealed or expunged a record in Florida (limited exceptions exist)
No prior convictions - You've never been convicted of a crime in Florida or any other state (traffic violations don't count)
Eligible offense - Your charge is not on Florida's list of disqualifying offenses
Case resolution - For expungement: charges dismissed or not guilty verdict. For sealing: withheld adjudication on eligible offense
Completed sentence - All probation, community service, fines, and restitution fully paid
No pending charges - No active criminal cases against you
FDLE Certificate of Eligibility - You must obtain approval from Florida Department of Law Enforcement before filing with court
Specific Requirements for Sealing
Case outcome: Court withheld adjudication (you completed probation but weren't formally "convicted")
Offense type: Must NOT be on the disqualifying list (see below)
Waiting period: Typically 10 years from case completion (though you can apply sooner)
Specific Requirements for Expungement
Case outcome: Charges were dismissed, you were found not guilty, or prosecutor dropped charges (nolle prosequi)
No conviction: You cannot have been convicted, even with withheld adjudication
No waiting period: Can apply immediately after charges are resolved favorably
Offenses That CANNOT Be Sealed or Expunged
Florida Statutes §943.0585 and §943.0579 list offenses permanently ineligible for sealing or expungement:
Violent crimes:
Murder, manslaughter, vehicular homicide
Kidnapping, false imprisonment
Robbery, carjacking, home invasion
Sexual offenses:
Sexual battery (rape)
Lewd or lascivious offenses
Child pornography
Human trafficking
Domestic violence:
Domestic battery
Aggravated assault/battery on family member
Stalking, aggravated stalking
DUI and related:
Driving Under the Influence
DUI manslaughter
Child-related crimes:
Child abuse, neglect, abandonment
Contributing to delinquency of a minor
Other disqualifying offenses:
Arson
Burglary of dwelling
Assault/battery on law enforcement
Drug trafficking (though simple possession may be eligible)
Important: Even if you received withheld adjudication on these offenses, they cannot be sealed. Even if charges were dismissed, the arrest for these offenses generally cannot be expunged (with very limited exceptions).
The Florida Sealing and Expungement Process
Step 1: Obtain Certified Disposition
Contact the clerk of court in the county where you were arrested/charged and request a certified disposition showing the final outcome of your case. This document proves charges were dismissed (for expungement) or adjudication was withheld (for sealing).
Cost: Typically $2-5 per certified copy
Step 2: Apply to FDLE for Certificate of Eligibility
Submit an application to the Florida Department of Law Enforcement including:
Completed application form
Certified disposition from Step 1
Fingerprints (usually taken at local law enforcement agency)
$75 processing fee (non-refundable)
FDLE reviews: Your criminal history to confirm eligibility
Processing time: 90-120 days typically
Outcome: FDLE issues Certificate of Eligibility if you qualify, or denial letter explaining why you're ineligible
Step 3: File Petition with Circuit Court
Once you receive the Certificate of Eligibility, file a petition in the circuit court where you were arrested/charged.
Required documents:
Petition for Sealing or Expungement
FDLE Certificate of Eligibility
Certified disposition
Proposed order for judge to sign
Filing fee: $42-$120 depending on county
Step 4: Serve Required Parties
Florida law requires you serve copies of your petition on:
State Attorney's Office (prosecutor)
Arresting agency
Florida Department of Law Enforcement
Service method: Certified mail or personal service by sheriff
Step 5: Prosecutor Review Period
The State Attorney has 30 days to review your petition and file objections if they oppose sealing or expungement.
Common objections:
Ineligible offense
Prior conviction or sealing/expungement
Incomplete sentence or outstanding fines
Public safety concerns
Step 6: Court Hearing (If Necessary)
If prosecutor objects: Judge schedules a hearing where both sides present arguments. You may testify about why sealing/expungement serves justice and rehabilitation.
If no objection: Judge may grant the petition without hearing (though hearing is sometimes required anyway).
Outcome: Judge signs order granting or denying the petition.
Step 7: Final Order Distribution
If granted, the court issues a final order directing all agencies (police, courts, FDLE, FBI) to seal or expunge the record.
Agencies have 60 days to comply with the order and remove or seal records from their databases.
Timeline: Complete process typically takes 5-8 months from start to finish.
Total costs: $75 (FDLE) + $42-120 (court filing) + service costs = approximately $150-250 if handling yourself, or $1,500-3,500 if hiring an attorney.
Common Mistakes That Result in Denial
Applying too soon - Fines, restitution, or probation not fully completed
Prior convictions - Even minor out-of-state convictions disqualify you
Wrong offense type - Attempting to seal/expunge a disqualifying crime
Missing documentation - Incomplete applications or missing certified dispositions
Incorrect service - Failing to properly serve all required parties
Outstanding warrants - Active warrants or pending cases make you ineligible
Pro tip: One denied application doesn't permanently bar you from reapplying if the issue can be corrected (e.g., paying outstanding fines). However, you'll pay new fees for each attempt.
Can You Seal or Expunge Multiple Records?
Generally NO. Florida law allows sealing or expungement of only ONE criminal record in your lifetime (§943.0585(2)(b) for sealing, §943.0579(2)(d) for expungement).
Limited Exceptions
Juvenile records: May be sealed separately from adult records under different statutes
Related charges: Multiple charges from the same arrest/incident may be sealed together as one "case"
Human trafficking victims: Special provisions allow additional relief
Victim of identity theft: If someone committed crimes using your identity
Choose wisely: If you have multiple eligible records, prioritize which one most impacts your life (employment, licensing, housing) since you can typically address only one.
After Your Record Is Sealed or Expunged: What You Can Say
Expunged Records
Florida law (§943.0579(4)) allows you to lawfully deny or fail to acknowledge arrests covered by expunged records for most purposes, including:
Private employment applications
Housing applications
Educational applications
Exceptions requiring disclosure:
Seeking employment with criminal justice agencies
Applying for admission to The Florida Bar
Certain regulated professions (depending on licensing board requirements)
Sealed Records
The rules are more nuanced. While sealed records are hidden from most employers, certain government positions and regulated professions can still access them and may require disclosure.
Best practice: Consult an attorney about disclosure requirements for specific applications, especially government jobs and professional licenses.
Do You Need an Attorney?
DIY (Pro Se) Sealing/Expungement
Pros:
Save $1,500-3,500 in attorney fees
Process is relatively straightforward if you're organized
Forms and instructions available online
Cons:
Complex procedural requirements
Easy to make disqualifying mistakes
No legal advice about eligibility or strategy
Must attend hearings yourself if prosecutor objects
One mistake can result in denial and wasted fees
Hiring an Attorney
Pros:
Ensures proper completion and filing
Attorney handles service, court appearances, objections
Expert evaluation of eligibility before applying
Higher success rate
Less stressful process
Cons:
Costs $1,500-3,500 typically
Still takes same 5-8 months timeline
Recommendation: If your case is straightforward (simple dismissed charge, no complications), DIY may work. If you have questions about eligibility, prior issues, or an objection seems likely, hiring an attorney significantly improves success chances.
Getting a Fresh Start in Florida
A criminal record—even for charges that were dismissed or didn't result in conviction—can haunt you for decades. Florida's sealing and expungement laws provide a path to remove or hide these records, opening doors to employment, housing, and professional opportunities.
While the process involves multiple steps, fees, and several months of waiting, successfully sealing or expunging your record delivers life-changing benefits: passing background checks, honestly answering "no" to conviction questions on most applications, and moving forward without the burden of past mistakes.
Key takeaways:
Sealing hides records from public but not government agencies
Expungement physically destroys records (only for dismissed charges)
You can typically seal or expunge only ONE record in your lifetime
DUI and violent crime convictions cannot be sealed or expunged
Process takes 5-8 months and costs $150-3,500 depending on whether you hire an attorney
Successfully sealed/expunged records can be lawfully denied on most applications
If you have an eligible criminal record in Florida, don't wait. The sooner you begin the sealing or expungement process, the sooner you can move forward with a clean slate. Consult with a Florida criminal defense attorney who handles expungements to evaluate your eligibility and navigate the process successfully.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Florida sealing and expungement law is complex and eligibility depends on specific facts and criminal history. Reading this article does not create an attorney-client relationship. For advice about your specific situation, consult a qualified Florida criminal defense attorney.
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