Understanding Expungement and Record Sealing Under Florida Law
Having a criminal record in Florida can impact nearly every aspect of life, from employment opportunities to housing applications. Many people want to know if they can remove their criminal record and move forward without the weight of past mistakes following them. The good news is that Florida law allows for the expungement or sealing of certain criminal records, but the process is not automatic and has strict eligibility requirements.
Let’s discuss how record sealing and expungement work, who qualifies, and how these legal remedies can help clear a criminal history.
What Is the Difference Between Expungement and Sealing a Record?
Under Florida Statutes § 943.0585, expungement (also called expunction) means that the record is physically destroyed and removed from public access. Law enforcement agencies may keep a confidential copy, but the public—including employers and landlords—cannot see the record.
Under Florida Statutes § 943.059, sealing a record means that it is not destroyed, but access is restricted. Most employers and the general public will not be able to view it, though government agencies and law enforcement can still see it under certain circumstances.
Both options prevent the record from appearing in most background checks, but expungement provides stronger protection since the record is erased rather than just hidden.
Who Qualifies for Expungement or Record Sealing in Florida?
Not everyone is eligible to remove a criminal record in Florida. The law sets strict guidelines for who can apply for expungement or record sealing.
Eligibility Requirements for Sealing a Record
A person may qualify to have their record sealed if:
- The case did not result in a conviction.
- The charges were dismissed, dropped, or adjudication was withheld.
- They have never had a record sealed or expunged before in Florida.
Eligibility Requirements for Expungement
A person may be eligible to expunge a record if:
- The charges were dismissed before trial.
- The person completed a pretrial diversion or intervention program.
- The record has been sealed for at least 10 years, and they meet other requirements.
The key difference is that records of dismissed charges can be expunged immediately, but if a case resulted in adjudication withheld, it must first be sealed for 10 years before expungement is possible.
Crimes That Cannot Be Expunged or Sealed in Florida
Not all criminal records can be removed. Under Florida Statutes § 943.0584, certain offenses are permanently ineligible for sealing or expungement, even if adjudication was withheld. These include:
- Sex offenses (e.g., sexual battery, lewd and lascivious acts).
- Violent crimes (e.g., homicide, kidnapping, aggravated assault, aggravated battery).
- Drug trafficking offenses.
- Child abuse or aggravated child neglect.
- Terrorism or human trafficking-related offenses.
If you have been convicted of a felony or a disqualifying misdemeanor, you will not be eligible to have your record removed. However, if you were arrested but never convicted, there may still be legal options to limit the impact of the record.
The Process of Expunging or Sealing a Criminal Record in Florida
If you qualify for record sealing or expungement, the process involves multiple steps and legal filings.
Step 1: Apply for a Certificate of Eligibility
The first step is to apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This document confirms whether a person is eligible to request expungement or sealing.
Step 2: File a Petition with the Court
Once the certificate is obtained, a formal petition must be filed with the circuit court where the case occurred. This petition includes:
- A copy of the Certificate of Eligibility.
- A sworn statement affirming that the person meets all legal requirements.
- Supporting documents from the case, if needed.
Step 3: Attend a Hearing (If Required)
Some cases require a court hearing before a judge makes a decision. The prosecution may object to the petition, and a lawyer can argue why the record should be removed.
Step 4: Judge’s Decision
If the court grants the petition, the record will be sealed or expunged. Once completed, the person can legally deny the existence of the record in most situations.
Benefits of Expungement or Record Sealing in Florida
Removing a criminal record can have life-changing benefits, including:
- Better Job Opportunities: Many employers conduct background checks, and having a clean record makes it easier to secure employment.
- Housing and Rental Approval: Landlords often deny applications based on criminal history, but an expunged or sealed record will not appear in most checks.
- Restoration of Reputation: Having a criminal charge follow you for years can affect personal and professional relationships. Removing it helps rebuild a reputation.
- Education and Licensing: Colleges, universities, and professional licensing boards review criminal records, so sealing or expungement can improve admission and certification chances.
Once a record is removed, it does not have to be disclosed on job applications or other background checks, giving individuals a fresh start.
Common Challenges in Expunging or Sealing a Record
Not every petition is approved, and certain issues can complicate the process.
- Errors in the Application: Mistakes in paperwork or missing documents can cause delays or denial.
- Objections from the Prosecution: If prosecutors argue that sealing or expunging the record is against public interest, a judge may deny the petition.
- Multiple Arrests: If a person has multiple criminal records, only one may be eligible for removal.
- Disqualifying Offenses: If a record involves a prohibited offense, there is no way to have it sealed or expunged.
Legal representation helps avoid common pitfalls and increases the chances of success.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
Florida Criminal Record FAQs
What is the difference between sealing and expunging a record in Florida?
Sealing a record means it is hidden from public access but still exists in government databases. Expungement means the record is physically destroyed and no longer accessible, except in very limited circumstances.
How long does it take to expunge or seal a record in Florida?
The process usually takes between 6 and 12 months. Delays can occur if there are errors in the paperwork or if the court requires a hearing.
Can I get a felony expunged in Florida?
Felony convictions cannot be expunged, but some felony charges that were dropped, dismissed, or resulted in adjudication withheld may qualify.
Does expungement remove a record from law enforcement databases?
No. Law enforcement agencies still retain a confidential copy of the record, but it will not appear in most background checks.
Can I apply for expungement if I have multiple arrests?
Florida only allows one record to be sealed or expunged in a lifetime. If you have multiple arrests, you must choose which one to remove.
Will an expunged record show up on a background check?
No. Expunged records are removed from public searches and will not appear in most background checks conducted by employers, landlords, or private investigators.
Can I deny an expunged record on a job application?
Yes. Florida law allows individuals to legally deny the existence of an expunged record in most situations. However, certain government positions or licensing boards may still have access.
What happens if my expungement request is denied?
If a judge denies the request, it may be possible to appeal or reapply if circumstances change. A lawyer can help determine the best course of action.
Can I seal or expunge a DUI in Florida?
DUI convictions cannot be expunged. However, if a DUI charge was reduced to reckless driving with adjudication withheld, it may be eligible for sealing.
What crimes are never eligible for expungement in Florida?
Certain violent crimes, sex offenses, drug trafficking, and offenses against children cannot be expunged or sealed under Florida law.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.