Under Florida law, the first legal step to sealing or expunging your criminal record is securing a Certificate of Eligibility (COE) from the Florida Department of Law Enforcement (FDLE). This certificate confirms your statutory eligibility and authorizes you to petition the appropriate court. Without it, no sealing or expungement can move forward, even if your case qualifies on paper.
This article provides a comprehensive breakdown of the FDLE expungement application, ensuring legal professionals and applicants understand the procedural requirements and common pitfalls to avoid.
What is a Certificate of Eligibility in Florida?
A certificate of eligibility in Florida is a required document should you wish to petition the court so they can release an order to seal or expunge your criminal history record. This is the first and foremost step needed to get your record sealed or expunged in Florida, according to FDLE requirements. Should you wish to proceed under either of these statutes, you are entitled to one court-ordered sealing or expungement in a lifetime.
Applying for a Certificate of Eligibility in Florida
Follow these simple steps to apply for an FDLE Certificate of Eligibility for expungement in Florida:
1. FDLE Expungement Application
First, obtain the Florida expungement application form from the FDLE website. Additionally, you may also email the FDLE Seal and Expunge Section at SEinfo@fdle.state.fl.us, then request the application to be forwarded to you.
Now, remember, you must fill out the application page with as much information as possible, including the following important information:
- Your last name
- Your first name
- Your date of birth
- Your race
- Your sex
- Your mailing address
- Your permanent address
- Your arresting agency
- Your date of arrest
- Your charge (s)
Should you have been given an appearance notice and not arrested physically, you must indicate the date of the Notice to Appear in place of the date of arrest.
Erase The Case simplifies the process by providing its own expungement application form, which can speed it up and save you time and effort.
2. Completion of the Written Certified Statement Page
The next step is to complete the Written Certified Statement Page. However, this applies only to expunction applications, including those involving juveniles. Then, the appropriate state attorney or statewide prosecutor must complete the written, certified statement page.
3. Provision of a Certified Disposition
Afterward, you must provide a certified disposition for every case or criminal charge listed on your application. You can acquire this from the county court clerk where your cases or charges originated. Should you be placed on probation, you must provide documentation of probation termination.
Applicants for pre-trial intervention cases and other diversion programs must provide a copy of the pre-trial completion certificate or a letter of successful completion, which may serve as a substitute for a certified disposition.
4. Completion of Fingerprint Form or Card
This step involves a member of an authorized law enforcement or criminal justice agency fingerprinting you. There will be a fingerprint form or card here, which includes your name, date of birth, signature, and date. It must also include the official’s signature who took the fingerprints and the ORI or agency stamp.
5. Accomplishing the Processing Fee
Lastly, you must submit a non-refundable money order, cashier’s check, or personal check for $75, payable to FDLE, with your application. They will never accept cash, gift cards, or temporary personal checks. Be sure to fill out and sign the check or money order in its entirety.
Expunge vs Seal: Which One Do I Qualify For?
Common Mistakes When Applying for a Certificate of Eligibility
While obtaining a Certificate of Eligibility may seem straightforward, many applicants encounter avoidable setbacks from minor but critical errors. Below are some of the most common mistakes we see at our firm, mistakes that can delay or derail your efforts to seal or expunge a Florida criminal record:
1. Submitting Incomplete or Incorrect Documentation
Every application must include a completed form, a fingerprint card, and a certified copy of the case disposition. If any of these are missing, outdated, or improperly filled out, FDLE will reject the application.
2. Not Confirming Eligibility Before Applying
Not every offense qualifies for sealing or expungement. Applying without first verifying your eligibility, especially if you have prior convictions or multiple arrests, can result in wasted time and unnecessary fees.
3. Errors in Case Numbers or Arrest Details
Even small mistakes in listing the correct arrest date, case number, or arresting agency can trigger a denial. FDLE conducts a thorough review, and inconsistencies may be interpreted as inaccuracies or omissions.
4. Forgetting to Obtain the State Attorney’s Signature (Expungement Only)
If you are applying for an expungement, your application must be signed by the State Attorney or the Statewide Prosecutor. This requirement does not apply to sealing applications, but it is a common source of confusion and rejection.
5. Submitting Invalid Fingerprint Cards
FDLE requires fingerprint submissions on a specific form, taken by law enforcement or an FDLE-approved provider. Cards that are outdated or not completed by an approved agency will not be accepted.
6. Assuming Juvenile Records Are Automatically Cleared
Many individuals mistakenly believe that juvenile records are automatically expunged at age 18 or 21. In most cases, you must still go through the formal COE process to have these records removed.
7. Not Updating Your Mailing Address
FDLE will send any correspondence, including deficiency letters and the final certificate, to the address listed on your application. If you move and fail to notify them, you may never receive critical updates.
8. Letting the Certificate Expire
A Certificate of Eligibility is valid for 12 months. If you do not file your petition for sealing or expungement within that time, you will need to reapply and pay the processing fee.
Important notes
That may be the last step, but there are pointers to remember:
- If an attorney is the one representing you, a representation letter from them on letterhead should be submitted with your application. If the FDLE does not receive a letter of attorney, they will only correspond with you.
- Also, make sure the appropriate mailing address is indicated on this letter.
- Finally, you must obtain and keep a copy of all necessary documents – arrest report, certified disposition, order to seal or expunge, etc. – for your records before securing the sealing or expunction of your criminal history records.
Seal & Expunge Your Record With Erase The Case
Work with some of Florida’s top expungement lawyers to ensure you don’t miss any of the steps outlined above. Their services cover various aspects of the state’s expungement procedures, including background checks and mugshot removal, no matter the offenses that have been labeled against you. Erase The Case can help. Find out if you qualify today.
