Understanding Record Expungement and Sealing in Florida

A criminal record can affect many aspects of life, from job opportunities to housing applications. In Florida, certain offenses can be removed from public access through record sealing or expungement. However, not every conviction is eligible. If you have ever been arrested or convicted, it’s important to understand whether your record qualifies for removal and how the process works under Florida law.

What Is the Difference Between Expungement and Sealing in Florida?

Florida law provides two main ways to remove a criminal offense from public view: expungement and record sealing. These processes have key differences in how they impact your record.

  • Expungement (Florida Statutes § 943.0585)

    • When a record is expunged, it is physically destroyed, and even most law enforcement agencies cannot access it without a court order.
    • You are legally allowed to deny the existence of the record in most situations.

  • Record Sealing (Florida Statutes § 943.059)

    • When a record is sealed, it is hidden from public access but still exists within law enforcement databases.
    • Government agencies may still see sealed records under specific circumstances, but private employers and landlords typically cannot.

Both expungement and sealing provide relief from having a criminal record impact your future, but the eligibility requirements differ.

Who Qualifies for Record Expungement or Sealing in Florida?

Not everyone with a criminal record qualifies for removal. Florida has strict eligibility requirements under Florida Statutes § 943.0585 and § 943.059.

Eligibility for Record Sealing

You may qualify to have your record sealed if:

  • You were arrested but never charged.
  • The charges against you were dismissed.
  • You were acquitted (found not guilty) at trial.
  • You pleaded guilty or no contest to an eligible offense and received a withhold of adjudication (meaning you were not formally convicted).

Eligibility for Expungement

Expungement is available in more limited circumstances. You may qualify if:

  • Your charges were dropped or dismissed before trial.
  • Your record was previously sealed for at least 10 years, and you were never convicted of another crime.
  • You successfully completed a pretrial diversion program (for certain offenses).

If you were convicted of a crime, meaning you were formally adjudicated guilty, you are not eligible for record sealing or expungement in Florida.

Criminal Offenses That Can Be Removed from Your Record

Some offenses can be sealed or expunged, while others are permanently ineligible.

Examples of Offenses That May Qualify for Sealing or Expungement

  • Petit theft or shoplifting (if adjudication was withheld)
  • Misdemeanor drug possession (with successful completion of a diversion program)
  • Trespassing
  • Vandalism
  • Disorderly conduct
  • Loitering and prowling
  • Prostitution (if part of a diversion program)

If you were arrested but not convicted of any crime, you may also qualify.

Criminal Convictions That Cannot Be Removed

Florida law prohibits the sealing or expungement of certain offenses, even if adjudication was withheld. These crimes include:

  • Sex offenses, including sexual battery and child pornography
  • Violent felonies, such as murder, aggravated assault, and kidnapping
  • Drug trafficking
  • Armed robbery or carjacking
  • Domestic violence offenses
  • DUI convictions (Florida law does not allow the sealing or expungement of DUI convictions, even for first-time offenders)

If you were adjudicated guilty of any crime, the conviction will remain on your record permanently.

The Record Sealing and Expungement Process in Florida

If you believe you qualify, the process for sealing or expunging a record involves several legal steps.

Step 1: Determine Eligibility

The first step is reviewing your record to see if your case qualifies under Florida law. If you have prior convictions, those must also be considered.

Step 2: Obtain a Certificate of Eligibility

To move forward with a request, you must apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This process involves:

  • Completing an application
  • Submitting fingerprints
  • Paying a fee to the FDLE

Step 3: File a Petition with the Court

Once the FDLE issues a Certificate of Eligibility, a petition must be filed in the court where the case was handled. The petition includes legal arguments for why the record should be sealed or expunged.

Step 4: Attend a Court Hearing (If Required)

Some cases require a court hearing, especially if the State Attorney objects to the request. Having an attorney present at this stage can be critical to achieving a successful outcome.

Step 5: Court Decision

If approved, the record is either sealed or expunged, depending on what was requested. From that point forward, it is no longer visible to the public.

Benefits of Having a Criminal Record Removed

Sealing or expunging a record can provide several important benefits, including:

  • Employment Opportunities – Most private employers will not have access to a sealed or expunged record, allowing for better job prospects.
  • Housing Applications – Many landlords conduct background checks, and removing a criminal record can improve housing options.
  • College Admissions – Criminal records can impact eligibility for scholarships and acceptance into certain academic programs.
  • Restoration of Reputation – Many people experience personal and professional stigma due to past arrests, even if they were never convicted.

For those who qualify, record sealing or expungement can be a powerful tool for moving forward without past mistakes affecting their future.

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.

Sealing of Criminal Record & Expungement FAQs

What is the difference between sealing and expunging a record in Florida?
Sealing hides the record from public view but keeps it available to certain agencies. Expungement physically destroys the record, making it inaccessible in most cases.

Can I seal or expunge a felony conviction in Florida?
No. If you were convicted of a felony, your record cannot be sealed or expunged. However, if adjudication was withheld and the offense qualifies, it may be eligible for sealing.

Can a DUI be expunged in Florida?
No. Florida law does not allow DUI convictions to be sealed or expunged, even if it was a first offense.

How long does the record sealing or expungement process take?
It can take six months to a year from start to finish, depending on how quickly the FDLE processes the application and whether a court hearing is required.

If my record is sealed or expunged, do I have to disclose it to employers?
In most cases, you can legally deny that the arrest or charge ever happened. However, some employers, such as those in law enforcement or government agencies, may still have access to sealed records.

Can an expunged record ever be used against me?
Once a record is expunged, it is no longer accessible to most agencies. However, law enforcement may still retrieve it under a court order in very limited situations.

Can multiple arrests be sealed or expunged in Florida?
Typically, only one criminal record can be sealed or expunged in Florida. Exceptions may apply if arrests were related to the same incident.

Do I need a lawyer to seal or expunge my record in Florida?
While it is possible to apply on your own, having an attorney ensures that the process is handled correctly and improves the chances of success.

Can a domestic violence charge be expunged?
If you were convicted of domestic violence, the record cannot be sealed or expunged. If the charge was dropped or dismissed, it may qualify.

What happens if my petition to seal or expunge my record is denied?
If your petition is denied, you may have options to appeal or file again in the future. An attorney can review the reason for the denial and determine the next steps.

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.