In Florida, expungement and sealing are legal processes that limit public access to your criminal record. If your record is sealed, it is hidden from public view but still exists in government databases. If your record is expunged, it is physically destroyed by most agencies, and only a limited record is retained by the Florida Department of Law Enforcement (FDLE) for specific purposes.
Navigating the expungement process can be complex due to strict eligibility rules, required documentation, and coordination with multiple agencies. Understanding each step is essential to ensure your application is complete and increases your chances of a successful outcome.
Next, we will walk you through the Florida expungement process step-by-step.
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:
The first step in the Florida expungement process is checking your eligibility. Ensure you meet the following criteria in order to qualify for expungement:
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.
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).
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.
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.
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.
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.
For more details about the expungement timeline and duration, read on How Long Does It Take to Expunge a Record in Florida?
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.
For a more detailed breakdown of all associated costs, please refer to our comprehensive guide on Florida Expungement Lawyer Costs.
Expunging or sealing a criminal history record offers several significant benefits:
Florida law provides specific rules for clearing a criminal record, but many residents hold outdated or incorrect beliefs. Here are essential facts to know:
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.
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.
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.
