Can You Expunge or Seal a Criminal Record in Florida?

Having a criminal record can follow you for years, affecting your ability to get a job, rent an apartment, apply for a professional license, or even volunteer at your child’s school. But in Florida, certain people may be eligible to seal or expunge their criminal records, giving them a much-needed second chance.

If you’ve ever been arrested or charged with a crime, it’s worth understanding what these processes mean, who qualifies, and how they can change your future.

Sealing vs. Expunging: What’s the Difference?

While the terms “sealing” and “expunging” are often used interchangeably, they are not the same under Florida law.

Sealing a Record

When a record is sealed, it is hidden from public view, meaning employers, landlords, and most background checks cannot access it. However, government agencies like law enforcement or the courts, can still see it under certain conditions.

Expunging a Record

When a record is expunged, it is physically destroyed, except for a confidential copy retained by the Florida Department of Law Enforcement (FDLE). This is the more complete form of relief, as it erases the public record of the arrest or charge altogether.

Both offer a powerful opportunity for a fresh start, but eligibility is limited and the process must be followed carefully.

Who Qualifies to Seal or Expunge a Record in Florida?

Not everyone with a criminal history qualifies. Eligibility depends on the type of offense, the case outcome, and your criminal history. To qualify for expungement or sealing, you generally must meet the following:

• You were arrested but never convicted (charges were dropped, dismissed, or you were acquitted).
• You have never been adjudicated guilty of the offense or any other criminal charge.
• You have never previously had a record sealed or expunged in Florida.
• The offense is not one of the crimes specifically prohibited from being sealed or expunged.

Crimes That Cannot Be Sealed or Expunged

Florida law (Fla. Stat. § 943.0584) lists certain offenses that are ineligible for expungement or sealing, even if adjudication was withheld. These include, but are not limited to:

• Sexual offenses (e.g., sexual battery, lewd acts)
• Homicide or manslaughter
• Kidnapping
• Child or elderly abuse
• Robbery or carjacking
• Arson
• Drug trafficking
• Certain acts of domestic violence

In other words, if the offense is considered violent or serious in nature, it likely cannot be sealed or expunged.

How the Process Works

Applying to seal or expunge a record in Florida involves several steps, and accuracy is crucial:

1. Obtain a Certificate of Eligibility:
   You must apply through the Florida Department of Law Enforcement (FDLE) to verify that you qualify. This includes fingerprinting, submitting a certified copy of your case disposition, and paying a fee.
2. File a Petition with the Court:
   Once you receive the Certificate of Eligibility, your attorney files a petition to seal or expunge the record with the circuit court where the case occurred.
3. Court Review and Decision:
   A judge will review your petition and the underlying facts. In many cases, no hearing is required, if everything is in order, the court issues an order to seal or expunge the record.
4. Distribution of the Court Order:
   The final step involves distributing the signed order to law enforcement agencies and other relevant entities to ensure that your record is officially removed or hidden from public access.

The process typically takes between three to six months, depending on how quickly documents are processed.

Why It Matters

Having your record sealed or expunged can open doors that might otherwise remain closed. It can help with:

• Employment Opportunities: Many employers run background checks and may reject applicants with any record, even if charges were dismissed.
• Housing Applications: Landlords often deny applicants with criminal records.
• Professional Licensing: Doctors, nurses, real estate agents, and lawyers must disclose convictions; sealing or expunging helps protect your future career.
• Personal Reputation: A clean record restores peace of mind and a sense of dignity.

Why You Should Work with an Attorney

While the FDLE provides forms online, sealing or expunging a record isn’t always straightforward. Small errors or incomplete documentation can delay or even derail the process. 

A criminal defense attorney can help determine whether you qualify before you apply, gather and submit all necessary documentation correctly, and represent you in court if a hearing is required. They also ensure that every relevant agency properly removes or conceals your record once the court grants your request. In some cases, an attorney can also advise whether you qualify for administrative expungement, a separate process available for wrongful arrests.

For many Floridians, sealing or expunging a criminal record represents a critical opportunity to rebuild their lives and move forward without the shadow of a past mistake. However, eligibility rules are strict, and the process requires precision and legal insight.

If you believe you might qualify, don’t wait. Contact criminal defense attorney Russell A. Spatz, he understands Florida’s sealing and expungement laws and can guide you through every step of the process. To arrange a consultation with Russell Spatz, call 305-442-0200.