Florida Expungement & Sealing 2026: A Step-by-Step Guide

When you apply for a job, apartment, or professional license, a background check may still show an old arrest, even if the case was dismissed or never led to a conviction. In Florida, that record stays public unless you take action to clear it. This guide outlines the Florida expungement process, covering eligibility, procedures, costs, timelines, and common reasons why petitions may be denied. Expungement permanently destroys the record, while sealing it conceals it from public view.

What Is Court-Ordered Expungement and Sealing in Florida?

Court-ordered expungement, as defined by Section 943.0585, Florida Statutes, is the legal process by which a judge orders the physical destruction or obliteration of a criminal history record in the custody, possession, and control of Florida criminal justice agencies, as well as applicable judicial records. Once expunged, the record is removed from public view as if the incident had never occurred. However, the Florida Department of Law Enforcement (FDLE) retains a confidential copy, which may only be disclosed by court order.

Court-ordered sealing, under Section 943.059, Florida Statutes, restricts public access to a criminal history record without physically destroying it. Although the sealed record remains on file with law enforcement and the courts, it becomes inaccessible to the general public, except as authorized by Florida law or court order. Sealing is possible when adjudication is withheld, the offense is not on Florida’s disqualifying list, and all other statutory eligibility requirements are met. For better understanding, read about the differences between expungement and sealing here.

Here are the key facts to know before determining whether you qualify:

• One in a lifetime. Florida allows only one expungement or one sealing, with limited exceptions such as certain juvenile cases.
• Two steps to start. Obtain a Certificate of Eligibility from FDLE, then get a court order approving your petition.
• Expungement destroys the record as if the arrest never happened. FDLE keeps one confidential copy that the public can’t access.
• Sealing hides the record from public view while keeping it available to law enforcement and the courts.
• Dismissed, dropped, or “not guilty” charges can be expunged — even serious ones, as long as you were never found guilty.
• Adjudication withheld? You may qualify to seal instead, if the offense isn’t on Florida’s disqualifying list.

Who Qualifies for Expungement in Florida?

The first step in the Florida expungement process is determining your eligibility. To be eligible, you must meet all of the following requirements under the Florida Statutes – Section 943.0585(1):

Generally, you may qualify for expungement if:

• You have never previously received a Florida expungement or sealing.
• The case did not result in an adjudication of guilt.
• You have never been convicted of any criminal offense, in Florida or elsewhere.
  The charges were dismissed, dropped, never filed, or ended in acquittal.
• You are no longer on probation or court supervision for the case.
• The offense is not on Florida’s statutory disqualifying list.

Note: Even serious or violent charges can be expunged if the case was dismissed and you were never found guilty. The disqualifying list mainly restricts sealing, not dismissed cases.

Who Qualifies for Record Sealing in Florida?

In Florida, record sealing is available for certain criminal cases where the record does not qualify for expungement. To be eligible, you must meet all of the following requirements under the Florida Statutes – Section 943.059(1):

• The case must have resulted in an eligible disposition, such as a withhold of adjudication. Records involving a conviction generally do not qualify for sealing.
• You have not previously sealed or expunged another criminal record in Florida.
• You do not have a pending criminal case.
• You have not been convicted of a disqualifying offense under Florida law.
• The specific offense must be eligible for sealing under the restrictions listed in Florida Statute §943.059 and related provisions.

Understanding Disqualifying Offenses

Florida law excludes certain offenses from sealing or expungement because of their nature or potential impact on public safety. These are commonly referred to as disqualifying offenses.

Examples of offenses that may prevent sealing include:

• Sexual offenses listed under Florida Statutes §943.0584
• Violent offenses and serious felony offenses identified under Florida sealing and expungement restrictions
• Offenses involving abuse, exploitation, or other protected categories under Florida law

Before applying, it is important to review the exact charge, statute involved, and final disposition because eligibility depends on the specific facts of the case.

Florida Expungement: Step-by-Step Process

Florida expungement requires several legal and administrative steps. The process starts with confirming eligibility, obtaining an FDLE Certificate of Eligibility, and filing a petition with the court. The guide below explains the required documents, each step, and what to expect from start to finish.

Step 1: Confirm Your Eligibility

• 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.

Step 2: Prepare Your FDLE Application

• 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].

Step 3: Submit Fingerprints

• 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.

Step 4: Request Certified Documents from the Clerk of Courts

• 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.

Step 5: Apply for a Certificate of Eligibility (FDLE)

• 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.

Step 6: File a Petition with the Appropriate Court

• 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.

Step 7: Court Review and Final Order

• 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.

Step 8: Compliance with Court Order Implementation by Agencies

• 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.

What Happens After Your Record Is Expunged in Florida?

Once a Florida court grants an expungement order, the record is removed from public access according to Florida law. However, expungement does not automatically remove every trace of your record from private websites and databases.

After expungement:

• Background check companies may still show outdated information: Private databases and data brokers collect records from multiple sources and may require separate removal requests.
• People-search websites may continue displaying your information: Sites that publish public-record data may not automatically update after an expungement.
• Mugshot websites may still display arrest photos: Private websites are separate from government agencies and may require additional action to remove images and related information.

For individuals seeking a more complete cleanup of their criminal footprint, additional steps may be needed after the court process. Services such as background check removal and mugshot removal can help address private records that remain available online.

Common Mistakes That Get Petitions Denied

• Misjudging eligibility because of a prior adjudication or earlier sealing anywhere in your history.
• Leaving out the certified disposition, or submitting an uncertified copy.
• Using an incorrect case number on the FDLE application.
• Submitting an incomplete or improperly taken fingerprint card.
• Failing to properly serve the State Attorney’s Office.
• Relying on generic online form kits that ignore county filing practices.

Because one mistake can mean starting over months later, getting the packet right the first time is what determines how fast your record is cleared.

How Much Does It Cost?

The total cost of Florida expungement is approximately $245, which includes state and court fees. This breakdown consists of a $75 fee for the Florida Department of Law Enforcement (FDLE), a $42 court filing fee, $40 for certified copies, $22 for document retrieval, $30 for notary services, and $36 for mailing.

If you are considering professional representation, learn more about Florida expungement lawyer costs, including flat-fee pricing, what legal services may include, and factors that affect the final cost.

Florida Expungement Timeline & Duration

On average, Florida expungement firms take 5 to 7 months to erase a record. Erase The Case averages 3 to 5 months. Timing depends on case complexity and how quickly FDLE, the State Attorney, and the court process documents. How Long Does It Take?

Why You Need To Expunge a Record in Florida

Expunging or sealing a criminal history record offers several significant benefits:

• Fresh Start and Improved Opportunities: Removing your record from public view allows you to move forward without the stigma of past charges, enhancing your chances for employment and housing.
• Enhanced Privacy: Sealed records are confidential, ensuring that your past does not follow you into your future.
• Legally Deny the Incident: Once your record is expunged or sealed, you can legally deny the arrest in most situations, helping to restore your reputation.
• Peace of Mind: Clearing your name alleviates anxiety and removes barriers to opportunities, allowing you to regain your standing in the community.