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Sealing and Expunging Criminal Records in Florida
Introduction
A criminal record can have long-lasting consequences, affecting employment opportunities, housing applications, and professional licensing. Fortunately, Florida law allows certain individuals to seal or expunge their criminal records, making them inaccessible to the public.
This guide explains the difference between sealing and expungement, eligibility requirements, and how an attorney can help you clear your record.
What Is the Difference Between Sealing and Expunging a Record?
Both sealing and expunging a record can help protect your privacy, but they have different legal effects.
Sealing a Record
✅ The record is hidden from public view.
✅ Government agencies can still access the record.
✅ You can legally deny that the arrest occurred (in most cases).
Expunging a Record
✅ The record is permanently destroyed.
✅ Most government agencies cannot access it (except law enforcement).
✅ You can legally deny that the arrest or charge ever happened.
🚨 If a record is sealed, it still exists. If it is expunged, it is essentially erased.
Who Is Eligible to Seal or Expunge a Record in Florida?
Florida law only allows sealing or expungement in limited cases.
You May Be Eligible If:
✔️ Your charges were dropped, dismissed, or you were acquitted
✔️ You were arrested but never convicted
✔️ You have never had a previous record sealed or expunged
✔️ You completed a pretrial diversion or intervention program
🚨 You are NOT eligible if you were convicted (adjudicated guilty) of a crime.
Crimes That Cannot Be Sealed or Expunged
Even if you were not convicted, Florida law prohibits sealing or expungement for certain serious offenses, including:
🚫 Sex crimes (sexual battery, child pornography, lewd acts, etc.)
🚫 Violent crimes (homicide, manslaughter, aggravated battery, etc.)
🚫 Domestic violence
🚫 Drug trafficking
🚫 Kidnapping, human trafficking
🚫 Arson, terrorism-related offenses
⚠️ If you were adjudicated guilty (convicted) of ANY crime, you are not eligible for record sealing or expungement.
Steps to Seal or Expunge a Criminal Record in Florida
Step 1: Determine Eligibility
An attorney can review your case and determine whether you qualify for record sealing or expungement.
Step 2: Apply for a Certificate of Eligibility
- You must submit an application to the Florida Department of Law Enforcement (FDLE).
- A non-refundable fee is required.
- It can take several months to receive approval.
Step 3: File a Petition With the Court
Once you receive a Certificate of Eligibility, your attorney will file a petition with the court that handled your case.
Step 4: Court Hearing (If Required)
Some cases require a hearing before a judge. Your attorney will argue why your record should be sealed or expunged.
Step 5: Judge’s Decision
If the judge approves your petition, your record will be sealed or expunged. If expunged, most records will be destroyed.
Benefits of Sealing or Expunging a Record
✅ Employers won’t see the record in background checks
✅ You can legally deny that the arrest or charge ever happened
✅ Restores job, housing, and educational opportunities
✅ Protects your reputation
🚨 Government agencies (law enforcement, courts, and certain licensing boards) may still access sealed records, but expunged records are almost entirely erased.
Common Questions About Record Sealing and Expungement
1. How Long Does the Process Take?
✔️ It usually takes 6-12 months from start to finish.
2. Can I Seal or Expunge Multiple Records?
🚫 No. Florida law only allows one criminal record to be sealed or expunged in a lifetime (with few exceptions).
3. Can My Record Be Reopened After Expungement?
🚫 No. Once a record is expunged, it cannot be accessed again unless ordered by a judge.
4. Will an Expunged Record Show Up on a Background Check?
✅ No. Employers and landlords will not see an expunged record. However, law enforcement and government agencies may still access it in certain situations.
5. Can I Seal a Withheld Adjudication?
✅ Yes. If your case resulted in a withheld adjudication (not a conviction), you may still qualify for record sealing.
How an Attorney Can Help With Sealing or Expunging Your Record
The sealing and expungement process in Florida is complex and time-sensitive. An experienced attorney can:
✔️ Determine if you qualify
✔️ Handle all paperwork and court filings
✔️ Speed up the process and avoid mistakes
✔️ Represent you at hearings if required
At Bonderud Law, we have helped numerous clients successfully clear their criminal records. If you want a fresh start, call us today for a consultation.
Conclusion
A criminal record does not have to follow you forever. If you qualify for record sealing or expungement, you can take control of your future and restore your reputation. If you need help clearing your record, contact an experienced attorney today.