Important Questions and Answers When Expunging or Sealing Your Criminal Record in Florida

What Does It Mean to Seal or Expunge a Criminal Record in Florida?

When a record is sealed, it’s hidden from public view but still accessible to certain government agencies such as law enforcement or the courts. When a record is expunged, it’s physically destroyed. Only the Florida Department of Law Enforcement (FDLE) keeps a confidential copy, and even most government entities can’t access it without a judge’s permission.

Who Qualifies to Seal or Expunge a Criminal Record?

You may qualify if:

• You were not adjudicated guilty of the offense.
• The case was dropped, dismissed, or ended with a nolle prosequi.
• You have never sealed or expunged another record in Florida.
• You are not on probation or community control.
• The charge is not one of the disqualifying offenses listed in Florida Statute §943.0584, which includes violent crimes, sex crimes, and certain child-related offenses.

What Is the Difference Between “Adjudicated Guilty” and “Adjudication Withheld”?

If the court withheld adjudication, you were not formally convicted. This means you may be eligible to seal your record.

If you were adjudicated guilty, you are not eligible for either sealing or expungement, regardless of how much time has passed.

How Long Does the Process Take?

In reality, the process takes about 8 to 12 months from start to finish. Anyone who tells you it can be done in four months is not being realistic.

The timeline depends on several factors, including:

• How long FDLE takes to issue the Certificate of Eligibility (usually 6–9 months).
• The court’s schedule and how quickly your petition can be heard.
• Whether the State Attorney’s Office objects or requires a hearing.

What Is a Certificate of Eligibility?

A Certificate of Eligibility is the document issued by FDLE confirming that you meet the legal requirements to request sealing or expungement. You must have this certificate before you can file your petition with the court. It’s valid for 12 months after it’s issued.

Can I Seal or Expunge More Than One Case?

Generally, no. Florida allows you to seal or expunge only one criminal case in your lifetime. However, if several charges came from the same arrest or incident, they can usually be included together. Different incidents or arrests must each be reviewed separately.

What Happens After the Record Is Sealed or Expunged?

Once the court grants your petition:

• FDLE, the Clerk of Court, the State Attorney’s Office, and other agencies are notified.
• The record is either hidden (sealed) or destroyed (expunged).
• Background checks run by most employers or landlords will no longer show the record.
• You can legally say you were not arrested or charged, except in limited circumstances — such as applying for jobs in law enforcement, schools, or certain state agencies.

What Crimes Cannot Be Sealed or Expunged?

Florida Statute §943.0584 lists several disqualifying offenses, including:

• Sexual battery and related sex crimes
• Child abuse or neglect
• Domestic violence
• Aggravated assault or battery
• Kidnapping
• Arson
• Robbery
• Homicide or manslaughter
• Stalking or harassment

If you were charged with one of these crimes and adjudication was withheld, you cannot seal it. However, if the case was dropped or dismissed, you may still qualify to expunge it.

What Are the Steps to Seal or Expunge a Record?

1. Get fingerprinted at an approved law enforcement agency.
2. Complete FDLE Form 40-021 (Application for Certificate of Eligibility).
3. Attach certified copies of the court disposition and other required paperwork.
4. Submit the application to FDLE with the $75 processing fee.
5. Wait for your Certificate of Eligibility (typically 6–9 months).
6. File a Petition to Seal or Expunge with the court where your case originated.
7. The Judge reviews the petition; a hearing may or may not be necessary.
8. Once approved, the court orders all agencies to seal or destroy the records.

Can the Judge Deny My Petition Even If I Qualify?

Yes. The judge has the discretion to deny your request even if you meet FDLE’s criteria.

Common reasons include:

• A significant prior criminal history
• The nature of the offense
• Objections from the prosecutor

Having an experienced attorney can help present your case in the best possible light and overcome objections.

Will the Record Still Show Up on Background Checks?

After expungement, the record should not appear on most background checks.

However, private data companies that previously accessed your record might still retain it. After your case is sealed or expunged, it’s smart to contact those databases and request removal.

Do I Need a Lawyer to Seal or Expunge My Record?

You’re not required to have an attorney, but the process can be technical and time-consuming. An experienced lawyer can:

• Make sure your paperwork is accurate and complete.
• Identify any issues that could delay or disqualify your case.
• Communicate with FDLE, the Clerk, and prosecutors.
• Represent you in court if the State objects.

How Much Does It Cost?

• FDLE processing fee: $75
• Fingerprinting: Around $10–$20
• Court filing fee: Roughly $42–$60
• Attorney fees: Typically between $2000 and $2,500.

Can a Sealed or Expunged Record Ever Be Reopened?

Only through a court order, and that’s very rare. Once expunged, the record is destroyed, and it cannot be reinstated.

Does This Restore My Gun Rights?

No. Sealing or expunging a criminal record does not restore firearm or civil rights. That’s a separate process handled through the Office of Executive Clemency.

What If My Record Is From Another State?

Florida law only applies to Florida cases. If your record is from another state or the federal system, you must follow that jurisdiction’s expungement laws.

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