To seal or expunge a record in Florida, you first apply to the Florida Department of Law Enforcement for a Certificate of Eligibility, which requires a certified disposition, fingerprints and a $75 fee. Then you file a petition with the court. Expunction generally applies when charges were dropped, dismissed or ended in acquittal. Sealing generally applies after a withhold of adjudication. Most people get only one court ordered sealing or expunction in a lifetime.
Key takeaways
- Expunction destroys the record. Sealing hides it from most public view.
- You generally get one sealing or expunction in a lifetime.
- Prior adjudications of guilt usually make you ineligible.
- Some offenses can never be sealed or expunged.
- Expunction requires a statement from the State Attorney.
What is the difference between sealing and expunging?
An expunged record under § 943.0585, Fla. Stat. is physically destroyed by most agencies, though FDLE keeps a confidential copy. A sealed record under § 943.059, Fla. Stat. still exists but is confidential and hidden from most public searches. In both cases you can usually deny the arrest on most private job and housing applications, with exceptions for certain government, licensing and sensitive positions.
Who is eligible to seal or expunge a record?
- Expunction. Typically available when charges were not filed, were dropped or dismissed, or ended in a not guilty verdict.
- Sealing. Typically available after a withhold of adjudication.
- No prior adjudications. A prior conviction for any criminal offense usually disqualifies you.
- Eligible offense. Certain offenses, including many violent and sexual offenses and domestic violence findings, are excluded.
- Not used before. Most people can only use the process once.
Facing this situation in Broward County? Talk to a defense attorney today.
What are the steps?
- Get a certified disposition from the clerk for each case.
- Get fingerprinted by an authorized law enforcement agency.
- For expunction, obtain a written statement from the State Attorney.
- Submit the FDLE application with a $75 fee.
- After receiving the Certificate of Eligibility, file a petition with the court.
- Once the judge signs the order, it is sent to the agencies holding your record.
Why use a lawyer to seal or expunge a record?
Mistakes on the application or petition cause delays or denials, and you may only get one chance. An attorney can confirm eligibility, handle the State Attorney and court process and make sure the order reaches every agency, including private background check companies when appropriate.
Frequently asked questions
How long does it take to expunge a record in Florida?
The FDLE certificate step alone can take several months, followed by the court process. Plan for many months overall.
Can a DUI be expunged in Florida?
A DUI conviction cannot be sealed or expunged. A DUI case that was dismissed may be eligible.
Will an expunged record show on a background check?
It should not appear on most public background checks, although some government agencies can still access it.
Can I seal more than one case?
Generally, Florida allows one court ordered sealing or expunction in a lifetime, though related charges from the same arrest can sometimes be handled together.
Related practice areas
Practice areaFirst-Time Offenders Defense Attorney
Practice areaCriminal Defense Attorney
Practice areaDrug Crimes Defense Attorney
Keep reading
Records & Second ChancesWhat Is a Withhold of Adjudication in Florida?
Records & Second ChancesA Guide to Pretrial Intervention in Broward County
Records & Second ChancesCan You Vote in Florida After a Felony Conviction?
Arrests & CourtWhat To Do If You Are Arrested in Fort Lauderdale
Florida law referenced: § 943.059, § 943.0585, Florida Statutes (2025).
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.