How to Seal or Expunge a Criminal Record in Florida
In Florida, sealing or expunging a criminal record is a specific legal process with strict eligibility rules. Here is how it works, in plain language.
What is the difference between sealing and expunging?
Sealing a record (under Florida Statute 943.059) hides it from most public view, though certain agencies can still access it in limited circumstances. Expunging a record (943.0585) goes further, requiring agencies to destroy their copies while the Florida Department of Law Enforcement retains a confidential copy. As a general rule, you may pursue expunction when charges were dropped, dismissed, or you were acquitted, and sealing when adjudication was withheld — meaning no conviction was formally entered.
Who is eligible?
A few rules do most of the work. You generally may seal or expunge only one record in your lifetime. You cannot have a prior conviction. The offense cannot appear on the statutory list of ineligible charges — which includes many serious and violent offenses. And a case that ended in a conviction, an adjudication of guilt, generally cannot be sealed or expunged at all.
What are the steps?
- Get the application and a certified copy of the disposition from the clerk of court.
- Have the state attorney or prosecutor complete the certification section.
- Get fingerprinted by an authorized agency.
- Submit the package, with the required fee, to the Florida Department of Law Enforcement (FDLE) to request a Certificate of Eligibility.
- Once FDLE issues the certificate, file a petition and a proposed order with the court. A judge makes the final decision.
What sealing can and cannot do
Even after a record is sealed, some employers and licensing bodies — in fields such as law enforcement, education, and healthcare — may still be able to see it. Sealing clears most routine background checks, but it is not universal, and it is worth knowing the limits before you count on it.