The Florida Certificate of Eligibility for Sealing or Expunction

What the law says

Both section 943.059, Florida Statutes (sealing) and section 943.0585, Florida Statutes (expunction) require a person to apply to FDLE for a certificate of eligibility before petitioning the court. FDLE must issue the certificate to a person who:

• meets the eligibility criteria in the statute and is not excluded by section 943.0584;
• has submitted a certified copy of the disposition of the charge the petition concerns;
• for expunction, has submitted a written certified statement from the appropriate State Attorney or statewide prosecutor confirming that the record meets the statute’s criteria; and
• pays a $75 processing fee, unless FDLE’s executive director waives it.

The eligibility criteria, in brief

The full criteria are in the statutes and are summarized in our guide to sealing or expunging a Florida criminal record. The main ones are that the person:

• has never been adjudicated guilty of a criminal offense in Florida;
• was not adjudicated guilty of any charge from the arrest in question;
• is no longer under court supervision for that case; and
• has not previously had a record sealed or expunged under these statutes, apart from the route from a sealed record to expunction after 10 years.

For expunction, the case must also have ended without a charging document being filed, or with a dismissal, a dropped charge, or an acquittal.

How the application works

1. Get FDLE’s application. It must be signed under oath in front of a notary.
2. Get a certified disposition for each charge from the clerk of court in the county where the case was handled.
3. For expunction, get the prosecutor’s statement. In Pinellas and Pasco counties, the State Attorney’s Office asks applicants to send it the application first so that it can complete its part. See filing to seal or expunge a record in Pinellas County.
4. Send the application to FDLE with fingerprints, the certified disposition, and the fee.
5. Wait for FDLE’s decision. FDLE states that reviewing a complete application typically takes about 12 weeks.

What happens next

If FDLE issues the certificate, the person files a petition in the court that handled the case, with the certificate and a sworn statement, and serves the State Attorney. The judge then decides. If the certificate expires before the petition is filed, the person has to apply again, and the statute says the person’s status and the law in effect at the time of the new application decide eligibility.

Important exceptions

• Excluded offenses. Section 943.0584 lists offenses that cannot be sealed or expunged after a plea of guilty or no contest or a finding of guilt, even if adjudication was withheld.
• A certificate is not required for every kind of relief. Other routes, such as administrative expunction of an arrest made by mistake, have their own procedures.
• A certificate is not a court order. Agencies do not seal or expunge anything because a certificate was issued.

Common questions

Does a Certificate of Eligibility mean the record will be sealed?

No. Sections 943.059 and 943.0585 both say a request may be denied at the sole discretion of the court.

How long is the certificate good for?

12 months after the date stamped on it.

Can the fee be waived?

The statutes allow FDLE’s executive director to waive it.

Can I apply for more than one record?

FDLE states that a person is entitled to one court-ordered sealing or expunction in a lifetime under these statutes.

When to speak with an attorney

Eligibility depends on the exact disposition of each charge and on a person’s whole record. Because the opportunity generally comes once, many people have a licensed Florida attorney review the dispositions before applying. See also record sealing vs. expungement in Florida and the Criminal Records topic page.