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Record Concern Guide

Sealing or Expunging a Florida Criminal Record

Editorially reviewed against the Florida Bar consumer-information standards 2-minute read

Eligibility rules, key differences between sealing and expungement, and the typical procedural path.

TL;DR

Florida allows sealing or expungement in eligible cases — typically when there was no adjudication of guilt and no prior sealing/expungement. The process begins with an FDLE Certificate of Eligibility, then a petition filed in the court of disposition. Statutory exclusions apply for certain offenses.

Sealing vs expungement — the key difference

Sealing makes the criminal record confidential and removed from public view; certain agencies still have access. Expungement requires physical destruction of the record by all agencies that hold it, with only a notation remaining.

Generally, you must seal a record first, wait 10 years, and then qualify for expungement — unless the case ended in a no-information, dismissal, or acquittal, which may be eligible for direct expungement.

Basic eligibility (subject to exceptions)

  • No adjudication of guilt in the case to be sealed.
  • No prior felony adjudications.
  • No prior sealed or expunged record in Florida (lifetime limit, in most cases).
  • Case is not on the statutory exclusion list (sexual offenses, certain violent felonies, etc.).

Statutory exclusions — never eligible

Florida law excludes from sealing/expungement: sexual battery, lewd or lascivious offenses, manufacturing controlled substances, child abuse, domestic-violence enhancements with adjudication, DUI convictions, and many other enumerated offenses. See F.S. §943.0584.

The process in plain English

  1. Obtain certified disposition documents from the clerk of court.
  2. Submit a Florida Department of Law Enforcement (FDLE) application and fingerprints; obtain a Certificate of Eligibility.
  3. File a verified petition in the court of disposition with the certificate, an affidavit, and certified copies.
  4. Serve the State Attorney and arresting agency; they have a chance to object.
  5. Attend hearing if required; judge enters order if requirements are met.
  6. Certified copies of the order are served on every agency holding the record.

How long does it take?

FDLE Certificate of Eligibility processing typically takes 12–14 weeks. Court processing adds weeks to months depending on the circuit and whether the State objects.

Common questions

Will employers see a sealed record? Most private background checks will not. Certain government, financial, healthcare, and education employers retain access by statute.

Can I deny the arrest after sealing? Florida law generally permits denial of a sealed or expunged record to most employers, with statutory exceptions.

Do I need a lawyer? The process is procedural and unforgiving of mistakes. Many people benefit from counsel; eligibility analysis alone is worth the consultation.

When to consult an attorney

Eligibility is the central question. Before paying FDLE fees, confirm with an attorney that you qualify and that no statutory exclusion applies to your case.

Related guides

Consult a licensed attorney for legal advice.

This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.

Consult a licensed attorney for legal advice.

This website is for informational purposes only and does not provide legal advice. Consult a licensed attorney for guidance about your specific situation.

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