In Florida, expunging and sealing criminal records help individuals restore their reputations by making the records confidential and removing them from public view. Expungement destroys the records entirely, while sealing restricts access to the records by placing them under “seal” by order of the court.
Not all offenses are eligible, so individuals must first check their eligibility according to Florida law. If eligible, they must submit applications and fingerprints to the Florida Department of Law Enforcement (FDLE). Although petitioning the court is a statutory right, the court ultimately decides whether to grant the petition. To get a comprehensive understanding of the Florida expungement and sealing process, keep reading!
Court-ordered expungement in Florida, as defined by Florida Statute Section 943.0585, is the legal process by which a judge orders the physical destruction or obliteration of a criminal history record that is in the custody, possession, and control of any Florida criminal justice agency, as well as the judicial records. The main legal benefit of expungement is that it changes the designation of these records from “public records” to “confidential records,” thereby protecting them under Florida’s constitutional right to privacy.
When a record is expunged, it is removed from public view as if the incident had never occurred. However, there are certain limits set by law. The Florida Department of Law Enforcement (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. This process gives people a chance to start fresh and pursue jobs, housing, licenses, school entry, and other opportunities without past criminal history holding them back.
Expungement in Florida is limited to specific situations and individuals. To be eligible, you must meet all of the following requirements under the Florida Statutes - Section 943.0585(1):
You must not have ever been adjudicated guilty (convicted) of a criminal offense in Florida or elsewhere. This includes both felonies and misdemeanors.
You can expunge or seal a criminal record under the adult statute only once, with some exceptions. If a record has been sealed for over 10 years, or if no plea was entered, charges were dismissed before trial, or there was a not guilty verdict, you may seek another expungement.
The charge must have been dropped, dismissed, or resulted in a nolle prosequi, no action taken, no information filed, or a not guilty verdict or acquittal at trial. You are not eligible if you pleaded guilty or no contest and were found guilty.
Certain offenses are deemed ‘dangerous crimes’ by the Florida Legislature, including arson, sexual misconduct, drug trafficking, and crimes against minors. They are not eligible for expungement or sealing, even if adjudication was withheld.
You must have completed all terms of probation, pretrial diversion, community control, restitution, or any other court-ordered supervision prior to applying for an FDLE Certificate of Eligibility.
If you are facing prosecution for any offense, you cannot apply for expungement or sealing until the case is resolved. Once resolved, you can check your eligibility. If you have pending charges but wish to expunge a different case, you can do so if you meet the eligibility criteria.
Wondering if you are qualified for expungement? Find out right now by taking our Free Eligibility Test Here! It is 100% accurate and only takes two (2) minutes to complete.
Court-ordered sealing in Florida refers to the legal process of restricting public access to a criminal record under Florida Statutes 943.059. When a record is sealed, the record changes designation under Florida law from a “public record” to a “confidential record,” erased from public view. Although it remains on file with law enforcement and the courts, the record becomes inaccessible to the general public unless a motion to access confidential records or a motion to unseal the records is filed and granted by the court.
Sealing is possible when adjudication is withheld and the offense is not on Florida’s disqualifying list. A sealed record can enhance employment, housing, schooling, and licensing opportunities by protecting your criminal history from background check reports or by simply giving your public reputation a fresh start, helping to clear your name without full expungement.
Record Sealing in Florida is limited to specific situations and individuals. To be eligible, you must meet all of the following requirements under the Florida Statutes - Section 943.059(1):
You must not have been adjudicated guilty (convicted) of any criminal offense in Florida or any other jurisdiction. This includes both felony and misdemeanor offenses.
Florida law generally allows only one sealing or expungement in your lifetime. If you’ve already sealed or expunged a criminal record, you are not eligible for another sealing, unless specific exceptions apply.
To qualify for sealing, the court must have withheld adjudication of guilt. If you were convicted or found guilty, you are not eligible for sealing.
Certain offenses are deemed ‘dangerous crimes’ by the Florida Legislature, including arson, sexual misconduct, drug trafficking, and crimes against minors, and are not eligible for expungement or sealing, even if adjudication was withheld. For a full list of disqualifying crimes, see further below.
You must have fully completed all terms of probation, diversion programs, community service, fines, and any other court-ordered requirements before applying for an FDLE Certificate of Eligibility for a court-ordered sealing.
You must have no active criminal charges or ongoing prosecution when applying to seal your records. Your case must be fully closed to start the eligibility inquiry. If you have pending charges but want to seal another case, you can do so if you meet the eligibility criteria.
Everyone’s criminal footprint is different, and thus, no two Florida expungements or record sealings are the same. There is no such thing as an easy expungement case. They are all complex mosaics with criminal history information spread out all over the place between the public sector and the private sector.
To gain a clearer understanding, please refer to this comparison table that outlines the differences between Sealing and Expungement.
According to Section 943.0584 of the Florida Statutes, certain offenses cannot be sealed if adjudication of guilt was withheld. This is true regardless of whether the defendant pleads not guilty or no contest. However, if the case is dismissed or dropped, you do qualify to expunge these offenses. The list of dangerous crimes that cannot be sealed if adjudication was withheld is as follows:
♦ Arson
♦ Aggravated Assault
♦ Aggravated Battery
♦ Assault or Battery where the victim was a family or household member (domestic violence)
♦ An offense related to domestic violence
♦ Illegal use of explosives
♦ Child abuse or aggravated child abuse
♦ Abuse of an elder or disabled adult
♦ Aircraft piracy
♦ Kidnapping or False Imprisonment
♦ Homicide
♦ Manslaughter
♦ Sexual Battery
♦ Robbery
♦ Carjacking
♦ Lewd, lascivious, or indecent assault or act with a child under 16 years of age
♦ Sexual activity with a child over 12 years of age but under 18 years of age
♦ Burglary of a dwelling
♦ Stalking and aggravated stalking
♦ Home-invasion robbery
♦ Act of terrorism
♦ Manufacturing drugs
♦ Human Trafficking
♦ Sexual misconduct with a developmentally disabled person and related offenses
♦ Sexual misconduct with a mentally ill person and related offenses
♦ Luring or enticing a child
♦ Sexual battery and related offenses
♦ Procuring a person under 18 years of age for prostitution
♦ Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age
♦ Voyeurism
♦ Florida Communication Fraud Act (including anything related to a Scheme to defraud or Organized Fraud)
♦ Lewd or lascivious offense upon or in the presence of an elderly person or disabled adult
♦ Sexual performance by a child
♦ Offenses by public officers and employees
♦ Showing or selling of obscene literature to minors
♦ Computer pornography
♦ Selling or buying of minors
♦ Trafficking in controlled substances
♦ Sexual misconduct with a mentally deficient or mentally ill defendant and related offenses
♦ A violation of any offense qualifying for registration as a sexual predator under F.S. 775.21 or for registration as a sexual offender under
The process of expunging or sealing your records in Florida can be complicated and time-consuming, requiring a significant amount of effort. It involves several steps across various state agencies and the court system. To help you navigate this process, here is a clear step-by-step guide on how to get records expunged in Florida:
♦ Review the statutory requirements in Section 943.0585 (Expungement), Section 943.059 (Sealing), and Section 943.0584.
♦ Ensure you have no prior adjudications of guilt, no pending charges if that is the case you are looking to expunge or seal, and your offense is not a disqualifying offense under Florida Statute Section 943.0584.
♦ Once you determine whether you qualify to expunge or seal your criminal record, you will need to begin the process by preparing your Florida Department of Law Enforcement Application for a Certificate of Eligibility (“FDLE Application”). [FDLE Form 40-021, pursuant to Florida Administrative Code 11C-7.006 and 11C-7.007].
♦ In order to comply with FDLE’s application packet requirements, a satisfactory set of fingerprints must be submitted. These can be completed at any law enforcement criminal justice agency on either the FDLE fingerprint form (available on their website) or an FBI standard FD-258 card.
♦ In order to prove your eligibility to the FDLE, you will need to submit a certified copy of the final case disposition for the case you are looking to expunge. If the FDLE Application is for a record sealing, then you will need to additionally provide a certified copy of the probation termination order if probation was imposed.
♦ To obtain an FDLE Certificate of Eligibility for an Expunction Order, you need the appropriate state attorney's signature on page two, Section B, of the FDLE Application. This pre-certification is necessary for FDLE to process the expungement application. A certified final disposition must also be included.
♦ Once the appropriate State Attorney’s Office (“SAO”) pre-approves Section B of the FDLE Application, you will need to send FDLE your fully compliant expungement application packet.
♦ This packet includes the signed FDLE Application (Section B completed by the SAO), the certified final disposition, compliant fingerprints, a $75 check to FDLE, and a letter requesting processing for an FDLE Certificate of Eligibility.
♦ 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.
♦ Once your Certificate of Eligibility is approved by the FDLE, you must file a Petition to Seal or Expunge in the county of the arrest. If multiple counties are involved, ensure the petition meets jurisdictional requirements to cover all related criminal history for expungement or sealing.
♦ Attach the Certificate of Eligibility, affidavit, and supporting documents to your petition.
♦ All petitions to expunge or seal require the petitioner to serve a copy of the petition, FDLE Certificate, and Affidavit to the arresting agency pursuant to Florida Rules of Criminal Procedure 3.692.
♦ Similarly, all petitions to expunge or seal require the petitioner to serve a copy of the petition on the appropriate state attorney’s office.
♦ After a petition is filed, the State Attorney’s Office reviews it for compliance with Florida law and any objections to the requested relief. Prosecutors may aim to protect public access to criminal history if it serves the public interest.
♦ If the State objects, a hearing will be required and perhaps a reply in response to the State’s objection.
♦ If the State does not object, then a hearing is unlikely to be required.
♦ Depending on the jurisdiction, instructions for submitting a proposed order to chambers for the judge’s review will differ.
♦ If no objections are received, the judge will review the petition and proposed order for compliance. If unopposed and all criteria are met, the court may issue an order to seal or expunge.
♦ If granted, the order will be sent to the arresting agency, State Attorney, FDLE, and other applicable entities.
♦ If the judge requires a hearing or if the clerk of courts automatically schedules the court hearing, notwithstanding having no State opposition, then a short but formal hearing will take place, putting on the record the judge’s decision.
♦ If the judge grants the petition and signs the order, the clerk of courts has the ministerial duty to process the court’s expungement or sealing order.
♦ The petitioner is responsible for paying all applicable fees, including the filing fee, plus any additional costs for certified copies.
♦ Once all balances are paid, the clerk will send out certified copies of the court order to all the relevant criminal justice agencies whose records reflect that they participated in one way or another in that criminal case.
♦ For expungement, most government agencies must physically destroy the record; some may retain a confidential copy.
♦ For sealing, records remain confidential and are no longer accessible to the public, employers, or online databases.
Expunging criminal records in Florida is a complex legal process involving 67 clerks of courts and 20 judicial circuits, with significant variations in local rules. Careful adherence to all requirements is essential, as failing to do so could result in parts of your criminal history remaining public.
Expungements and sealings offer strong legal protections in Florida by limiting who can view or access your criminal record. Once sealed or expunged, the record is generally not accessible through public databases, and you are legally permitted to deny the existence of the arrest or prosecution, except in certain specific situations. For details, read on below to see who can access your sealed or expunged records
While expungement and sealing offer significant privacy benefits, Florida law mandates disclosure of your criminal history in specific situations. According to Florida Statutes 943.0585(6)(b) and 943.059(6)(b), you must disclose or acknowledge the existence of a sealed or expunged arrest record when:
♦ Applying for employment with a criminal justice agency
♦ Seeking admission to The Florida Bar
♦ Applying for employment or licensing with:
◊ The Department of Children and Families (DCF)
◊ The Agency for Health Care Administration (AHCA)
◊ The Agency for Persons with Disabilities (APD)
◊ The Department of Juvenile Justice (DJJ)
◊ The Department of Education
◊ Any district school board, university laboratory school, charter school, private or parochial school, or local governmental entity that licenses child care facilities
♦ Seeking employment or access authorization at a Florida seaport as identified in Section 311.12, Florida Statutes
♦ Purchasing a firearm from a licensed importer, manufacturer, or dealer (applicable only to sealed records)
♦ Petitioning for another sealing or expungement of a criminal record
♦ Being a defendant in a criminal prosecution
♦ Seeking appointment as a guardian under Florida Statute 744.3125
For a comprehensive overview of who can access sealed or expunged records, please refer to our detailed article: Who Can See Expunged Records in Florida.
Expunging or sealing a criminal history record has many legal and practical benefits. These benefits include:
♦ Gain a Fresh Start: Sealing or expunging your record removes it from public view, helping you move forward without the stigma of an arrest or charge attached to your reputation.
♦ Improve Employment Opportunities: Employers are required to run background checks to avoid exposure to liability—clearing your record makes you a stronger candidate for jobs, especially when it is the only thing preventing you from getting the job or raise you’ve been working hard to get
♦ Secure Better Housing: Practically all landlords conduct background screenings to avoid exposure to liability; a clean criminal background check report can increase your chances of approval.
♦ Protect Your Privacy: Expunged and sealed records are confidential and thus erased from public view.
♦ Legally Deny the Arrest: After expungement or sealing, you can legally deny or fail to acknowledge the incident in most circumstances.
♦ Qualify for Professional Licensing: A clear record can help you apply for or renew state licenses in industries like healthcare, education, finance, construction, or real estate, to name a few.
♦ Peace of Mind: Clearing your name will reduce anxiety, remove barriers to opportunities, and restore your reputation to be in good standing in the public square.
The cost of expunging a criminal record in Florida can vary based on multiple factors, including attorney fees, court fees, and other related expenses. While costs generally range from $995 to $3,000+, the exact amount will depend on the complexity of your case and the services required. Most importantly, however, is understanding the cost of NOT expunging or sealing your eligible case and how expensive that will be for the rest of your life if left as part of your background.
♦ Attorney fees often range from $750 to $5,000, depending on if you are just expunging or sealing the court record or you are also erasing your online criminal footprint from the various private background checks companies and mugshot websites.
♦ Court filing fees, certified document retrieval, postage, FDLE application fees, and fingerprinting may add additional costs, generally totaling between $150 and $200.
For a more detailed breakdown of all associated costs, please refer to our comprehensive guide on Florida Expungement Lawyer Costs.
On average, expungement firms in Florida typically takes between 5 to 7 months to erase a criminal record. However, Erase The Case takes on average between 3-5 months to expunge records in Florida.
Some factors that could affect the processing times of your expungement depend on the complexity of your case and how quickly supporting documents are processed by the FDLE, the State Attorney’s Office, and the court. Delays may occur if there are errors or missing information in your application or supporting documents.
Navigating Florida’s expungement and sealing process can be overwhelming, but the right legal help makes all the difference. At Erase The Case, we are exclusive Florida expungement lawyers dedicated to record expungement and sealing. We take pride in being the state's most efficient and successful expungement team.
♦ Florida’s Only Exclusive Expungement Law Firm – We specialize 100% in Florida record expungements and sealings, erasing everything from court and arrest records, to mugshots, private background checks, and more.
♦ Fastest Expungement Firm in Florida – We move your case forward faster than everyone else by several months with no unnecessary delays or excuses.
♦ Highest Expungement Success Rate – Our experience translates to results, and no other law firm in Florida has hundreds of verified client reviews related to expungements and sealings - in fact, we have yet to find another law firm that has even five expungement reviews.
♦ Led by an Experienced Florida Expungement Attorney – Attorney Weisselberger is a University of Miami Law Graduate who created the first, most efficient, and most effective client-focused expungement practice in Florida’s history.
♦ Clear, Flat-Fee Pricing & Streamlined Process – We handle everything on your behalf while providing you peace of mind with case updates at every single step of the way. No hidden fees, no hidden costs, transparent pricing, expectations, and good old hard work.
Expungement & Sealing (Felony and Misdemeanor)
We handle the full expungement and sealing process for both misdemeanor and felony cases — including petition drafting, obtaining your Certificate of Eligibility, and representing you in court. If your case was dismissed, resulted in a not-guilty verdict, or qualifies for sealing under Florida law, we will guide you through every step.
Background Check Removal
Many third-party websites and data aggregators continue to display your record even after expungement. We provide targeted removal services to ensure your cleared record doesn’t keep showing up on employment, housing, or licensing background checks.
Mugshot Removal
A public mugshot can be one of the most damaging remnants of an old arrest. We work with mugshot websites and search engines to have these images taken down—especially once your case is expunged or sealed under Florida law..
Cases with any charge that resulted in a guilty adjudication cannot be expunged, affecting all related or unrelated cases for the individual. If a case has a charge with a withheld guilty adjudication, it cannot be expunged, but may be eligible for record sealing.
Expungements affect public sector background checks, making records disappear on official checks. However, private sector checks may still show expunged data since they're not subject to Florida's expungement laws. To clear information from private checks, additional steps are required. Erase The Case is Florida's only expungement law firm that eliminates all records — court documents, mugshots, and private checks.
No, this is a popular myth and misinformation online. Florida does not automatically clear records after any period; you must actively apply to seal or expunge them.
Currently, Florida law allows for the expungement or sealing of either one case or multiple cases only if they meet certain statutory exceptions, specifically if the cases are directly related to the initial case. If you have sealed one case or multiple related cases, you may be eligible to expunge the same previously sealed record after more than 10 years have passed from the date the judge signed the court order.
There is a new legislative update from the 2025 Florida Legislative Session, where Senate Bill 1000 might expand the number of instances in which criminal records can be expunged or sealed, if it passes (fingers crossed!).
Indefinitely, unless you successfully petition for sealing or expungement.
Yes, if your case was dismissed or you were acquitted, you may be eligible for expungement or sealing in Florida, as long as you meet the other eligibility requirements under Florida law.
Related offenses can often be expunged or sealed together, though some may remain ineligible due to their nature. Attorney David Weisselberger claims to hold the record for the most cases sealed in a single petition, totaling 16 related cases.
Expunged records and sealed records are fully removed from public access, while sealed records remain accessible to law enforcement for legitimate criminal justice purposes. In most cases, you can legally deny the record's existence.
Florida can only expunge or seal Florida-based criminal records. For out-of-state records, you would need to follow the expungement or sealing laws of the state where the offense occurred.
You cannot apply for expungement if you have pending criminal charges related to the case you want to expunge. All open cases must be resolved first. However, you can apply to expunge an unrelated, closed case even if you have a pending case. Keep in mind that the State Attorney’s Office may object to your petition, which could complicate the process and affect your chances of success.
To check if your record was successfully expunged in Florida, contact the Florida Department of Law Enforcement (FDLE) by emailing SEinfo@fdle.state.fl.us with a copy of your government-issued ID. You can also confirm with the clerk of court in the county where your case was handled.
