Florida Expungement & Record Sealing Guide

Who Qualifies for Expungement in Florida?

Florida offers two distinct remedies — sealing and expungement — with different eligibility rules. Florida is strict: most people qualify for only one sealing or expungement in their lifetime.

Record Sealing (F.S. § 943.059)

Sealing removes your record from public access. Government agencies can still access it. You may qualify if:

• The judge withheld adjudication (you were not formally convicted)
• You have never been adjudicated guilty of any criminal offense in any jurisdiction
• You have never previously sealed or expunged a record in Florida
• The charge is not a disqualifying offense under § 943.059(4): arson, aggravated assault/battery, child abuse, sexual battery, robbery, carjacking, kidnapping, homicide, manslaughter, burglary of a dwelling, stalking, domestic violence with injury, drug trafficking, or any offense with a minor victim
• You are not currently under court supervision (probation, community control, etc.)

Expungement (F.S. § 943.0585)

Expungement physically destroys the record — stronger than sealing. You qualify if:

• Your case was dismissed, nolle prossed (not prosecuted), or resulted in acquittal, OR
• Your record was previously sealed for at least 10 years
• The same criminal history restrictions and disqualifying offenses apply

After expungement, you may lawfully deny the arrest occurred in most circumstances (with limited exceptions for law enforcement employment, bar admission, and certain professional licenses).

Step-by-Step: How to Clear Your Record in Florida

Florida's process is more involved than most states — it requires a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) before you can even file with the court.

1. Apply for a Certificate of Eligibility — Submit the FDLE Application for Certificate of Eligibility with a $75 processing fee and a certified copy of the disposition from the clerk of court. Mail to FDLE Criminal History Services. Processing takes 8–12 weeks.
2. Receive your Certificate — FDLE verifies your criminal history statewide and confirms eligibility. If denied, FDLE will state the reason.
3. File a Petition with the court — Once you have the Certificate, file a Petition to Expunge or Seal with the clerk of court in the county where the case was filed. Include: the Certificate of Eligibility, a certified copy of the original arrest report, and a sworn statement. Court filing fee: $40–$60 (varies by county).
4. State Attorney review — The State Attorney's Office has 30 days to file an objection. If no objection, the court may grant without a hearing. If objected, a hearing is scheduled.
5. Court Order issued — If granted, the court orders FDLE and all criminal justice agencies to seal or expunge the record. Agencies have 30 days to comply.

Waiting Periods

Florida does not impose a separate waiting period after case resolution — you may apply for the Certificate of Eligibility as soon as your case is closed and all supervision is complete. The timeline is driven by FDLE processing (8–12 weeks) and court processing (2–4 months), not waiting periods.

Exception: For a previously sealed record to qualify for expungement, it must have been sealed for at least 10 years.

Costs

• FDLE Certificate of Eligibility fee: $75
• Court filing fee: $40–$60 (varies by county)
• Certified disposition copy: $5–$20 from clerk of court
• Total self-filed minimum: ~$115–$155
• Attorney fees: $1,000–$3,000 flat fee for the full process

Florida's self-filing process is feasible for straightforward cases (clear dismissal, no objection expected). For withheld-adjudication sealing cases with prior criminal history, an attorney is worth the cost.

What Record Clearing Does (and Doesn't) Do in Florida

After a successful expungement or sealing in Florida, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Florida for advice specific to your situation.