Sealing versus expunging
A sealed record still exists but is confidential; the public and most employers cannot see it, and you may lawfully deny the arrest in most settings. An expunged record is physically destroyed by the agencies that hold it, with a confidential copy retained by FDLE. Expunction is generally available where charges were dropped, dismissed or never filed, or where a record has already been sealed for ten years. Sealing is the route where you pleaded and adjudication was withheld.
Who qualifies
- You have never been adjudicated guilty of a crime, in Florida or elsewhere, as an adult
- You have never previously sealed or expunged a record in Florida, with narrow exceptions
- The offense is not on the list of excluded charges, which includes most sex offenses, violent felonies, drug trafficking and certain offenses against children and the elderly
- For sealing, adjudication was withheld on the charge you want sealed; for expunction, the charge was dismissed, dropped or not filed, or the record was sealed ten years ago
- You are not currently under court supervision for the offense
The process
- Certificate of eligibilityYou apply to the Florida Department of Law Enforcement with fingerprints, a certified disposition and the fee. FDLE reviews your entire criminal history and issues or denies the certificate. This step alone commonly takes several months.
- Petition to the courtWith the certificate in hand, a petition and affidavit are filed in the court where the case was handled. The State Attorney may object.
- OrderIf the judge grants the petition, certified copies of the order go to every agency that holds the record: the clerk, the arresting agency, the jail, FDLE and others. Each one then seals or destroys its copy.
What sealing does not do
Certain agencies and employers still see sealed and expunged records: law enforcement, the courts in later cases, the Florida Bar, the Department of Children and Families, and employers in schools, child care, elder care and some licensed professions. If you hold or are applying for a professional license, the licensing board may still ask about the arrest, and answering falsely is itself a violation. We advise licensed clients on both the record and the disclosure question.
Why have a lawyer handle it
The eligibility rules are detailed, a denied certificate wastes months, and a petition that draws an objection needs to be argued. More importantly, the one-time nature of the remedy means it should be used on the right record. Private background-check companies also need to be dealt with separately, since they keep their own copies of court data.
Frequently asked questions
How long does it take to seal or expunge a record in Florida?
Plan on six months to a year from start to finish, most of it waiting on the FDLE certificate and the court's calendar.
Can I seal more than one case?
Generally only one record, though multiple charges arising from one arrest or episode may be covered together. A later record can sometimes be expunged after an earlier one has been sealed for ten years.
Will the arrest still show up on Google?
Court orders bind government agencies, not news sites or data brokers. Removing mugshot and arrest pages from private websites is a separate effort, sometimes aided by the court order and sometimes requiring direct requests or litigation.
This guide is general information about Florida law as of its date, not legal advice for your situation. Deadlines and procedures vary by case and change over time; talk to an attorney about yours.