A criminal record, even an arrest that didn't result in a conviction, can follow you for years. It shows up on background checks, affects job applications, and can limit housing options. Florida law provides a path to relief through record sealing and expungement. Here's what you need to know.
Sealing vs. Expungement: What's the Difference?
These are two distinct forms of relief, and many people confuse them.
Record Sealing restricts access to your criminal record. The record still exists, but it is hidden from most background checks run by employers, landlords, and licensing agencies. Certain government entities and law enforcement can still access sealed records.
Expungement goes a step further. The physical and electronic records are destroyed or returned to you. After expungement, you can legally deny the arrest or charge ever occurred in most contexts, though some exceptions apply.
A person does not always have to seal a record before seeking expunction. When no charging document was filed, or when filed charges were dismissed, nolle prossed, or resolved by an acquittal or not-guilty verdict, the record may qualify directly for expunction if the other statutory requirements are met. A record that initially qualified only for sealing because adjudication was withheld may later become eligible for expunction after it has remained sealed for 10 years.
Who Qualifies for Sealing or Expungement in Florida?
Eligibility depends on several factors. Generally, you may qualify if:
- You have never been convicted of a crime (adjudication was withheld or charges were dropped/dismissed)
- You have not previously obtained a court-ordered sealing or expunction under Florida law, except where a specific statutory exception applies
- The offense is not one of the disqualifying offenses listed under Florida law
- Your case is complete, with no pending charges or probation
Certain offenses are categorically ineligible for sealing or expungement, including most violent crimes, sexual offenses, crimes against children, and trafficking offenses. An attorney can review your specific record and tell you exactly where you stand.
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How the Process Works
The Florida expungement process has several steps:
- Obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This requires submitting a completed application, fingerprints, and a fee.
- File a Petition in the circuit court where the arrest occurred, along with the Certificate of Eligibility and a sworn statement.
- State Attorney Review: the State Attorney's Office may object or consent to the petition.
- Court Hearing: the judge reviews the petition and, if all criteria are met, grants the order to seal or expunge.
- Record Destruction: the order is sent to all relevant agencies to seal or destroy the records.
The process typically takes several months from start to finish. An attorney can review eligibility before filing, help obtain the required records and certificate, prepare the petition and affidavit, and address an objection or hearing if one arises. Representation does not guarantee that FDLE will issue a certificate or that the court will grant the petition.
What Expungement Does and Does Not Do
After your record is expunged, you can legally answer "no" when asked if you've been arrested or charged for that offense on most applications. However, there are important exceptions:
- Applications for law enforcement or criminal justice positions
- Applications for positions working with children or the elderly
- Applications for certain professional licenses regulated by the state
- Federal background checks and immigration proceedings
Expungement also does not restore civil rights lost as a result of a conviction. That is a separate process in Florida. But for most people, it provides meaningful relief and a genuine fresh start.
Is It Worth Doing?
For an eligible person, sealing or expungement can provide substantial employment, housing, and privacy benefits. Before filing, however, the person should confirm eligibility, identify every charge and arrest that may be included, and consider Florida's general limitation on obtaining relief in a later proceeding. The value and timing of a petition depend on the person's complete record and intended use of the remedy.