Florida Expungement & Sealing in 2025: (Eligibility, Process, & Expert Help)

Florida’s laws on expungement (Florida Statute § 943.0585) and sealing (Florida Statute § 943.059) have specific eligibility rules, recent changes, and common misconceptions. Here’s what you need to know:

• In 2025, Florida allows only one expungement or sealing in a lifetime, unless it was as a juvenile. Additionally, related charges from the same incident may be eligible for expungement together.
• To expunge or seal a record in Florida, you must obtain a Certificate of Eligibility from FDLE and then get a court order approving the request.
• Expungement means the record is destroyed as if the incident had never occurred. The FDLE keeps a private copy to ensure that no one gets more expungements than allowed by Florida law, but the public cannot access this copy.
• Sealing a record keeps it hidden from the public, but government agencies can still access it. The record stays on file with law enforcement and the courts, but the general public cannot see it unless someone files a motion to unseal it, and the court approves that motion.
• You can qualify for expungement if a charge was dismissed, dropped, or resulted in a not guilty verdict
• You can qualify for sealing, but not for expungement, when adjudication is withheld and the offense does not appear on Florida’s disqualifying list.
• All criminal charges, including violent ones, can be expunged if you have not been found guilty and the case is dismissed. However, if the charges are on the disqualifying list and the case results in an adjudication withheld, they are not eligible for sealing.

For a more comprehensive comparison between expungement and sealing regarding background checks, judicial discretion, and the influence of FDLE, read this article: Differences between Expungement and Sealing Once eligibility is confirmed, the next step is to follow the Florida expungement and sealing process in the county where the arrest occurred. How to get my record expunged or sealed? The answer is found in the procedural checklist below.

Florida Expungement Process: Step-by-Step Guide​

Applying for a Certificate of Eligibility is a crucial step in the Florida expungement process. A record will only receive relief once the Florida Department of Law Enforcement (FDLE) has obtained a certified court order from the appropriate jurisdiction’s court. If you’re wondering how to expunge a record in Florida, here is a clear step-by-step guide to help you through the process: Florida law requires strict compliance with statutory procedures. The following step-by-step guide explains the process and shows how Erase The Case ensures it is done correctly, efficiently, and without costly mistakes.

Step 1: Determine Your Eligibility

The first step in the Florida expungement process is checking your eligibility. Ensure you meet the following criteria in order to qualify for expungement:

• No Prior Sealing or Expungement: You have not previously had a criminal record sealed or expunged in Florida.
• Case Is Dismissed: The charges were dismissed, dropped (nolle prosequi), resulted in an acquittal, or no formal charges were filed.
• No Criminal Convictions: You have never been adjudicated guilty (convicted) of any criminal offense in Florida or elsewhere.
• No Ongoing Criminal Cases: You are not currently under court supervision or facing any criminal charges.
• Not Included on the list of Disqualifying Offenses: The offense is not among those disqualified from expungement under Florida law.

Considering the complexity of Florida laws, checking expungement eligibility can be frustrating. Erase The Case has simplified the process with this free eligibility test that takes only 2 minutes to complete.

Step 2: Prepare FDLE Application Packet

• Complete the FDLE Application for Certificate of Eligibility and have it notarized.
• Submit fingerprints using the FDLE fingerprint form or FBI FD-258 card from a law enforcement agency or approved vendor.
• Obtain a certified copy of the final case disposition.
• For expungement, include a certified statement from the State Attorney confirming eligibility.
• If probation was imposed, include a certified copy of the probation termination order (required for sealing).

Step 3: Apply for a Certificate of Eligibility

• Mail the completed application, fingerprint card, required documents, and $75 processing fee to FDLE. Processing typically takes several months unless expedited.

Step 4: Wait for FDLE to Process

• This is usually the longer part of the process, taking on average 12 weeks.
• FDLE does not expedite applications and processes them on a first-come, first-served basis.
• If there are issues with the FDLE Application or if additional information is needed, FDLE may send correspondence, causing delays in issuing a Certificate.

Step 5: File a Petition

• After receiving your Certificate of Eligibility, file a Petition to Seal or Expunge with the clerk of court in the county where the arrest occurred.
• If your charges span multiple counties, verify jurisdictional rules before filing.
• Include the Certificate of Eligibility, notarized affidavit, and any required supporting documents.

Step 6: Serve Required Agencies

• Serve the petition, Certificate of Eligibility, and affidavit to both the arresting agency and the State Attorney’s Office, as required by Rule 3.692.

Step 7: Attend Court Hearing (if needed)

• The State Attorney will review and may object. If so, a hearing will be required.
• If unopposed, most courts will approve the petition without a hearing.

Step 8: Submit Order & Receive Final Judgment

• Submit a proposed order to the court.
• If granted, the judge signs the final order, and the clerk distributes it to FDLE and other relevant agencies.
• You’ll need to pay all filing and copy fees at this stage.

Step 9: Comply with Court Order Implementation

• Expungement: Most agencies must destroy the records. FDLE may keep a confidential copy.
• Sealing: Records are made confidential and hidden from public view, employers, and background checks.