Can You Expunge or Seal a Criminal Record in Florida?

Having a criminal record follows you. Background checks for jobs, housing, professional licenses, and loans can all surface an old arrest or charge, even one that never resulted in a conviction. Florida law provides a limited pathway to clear that record through sealing or expungement, but not everyone qualifies, and the eligibility rules are specific.

This post covers how sealing and expungement work in Florida, what the key differences are, who qualifies, and what the process involves. If you think you might be eligible, the earlier you look into it, the better. Florida allows you to do this only once in your lifetime.

Sealing vs. Expungement: What's the Difference?

People often use these terms interchangeably, but they're legally distinct in Florida.

Sealing means your criminal record is restricted from public view. If a private employer, landlord, or background check company searches for your record, it won't come up. In most situations, you can legally deny that the arrest or charge ever occurred. However, your record still exists. Law enforcement agencies, criminal courts, and certain licensing boards can still access it.

Expungement goes further. The actual physical and electronic records are destroyed. You can deny the arrest or charge even more broadly than with sealing, and the record is gone from most government databases. Even so, the Florida Department of Law Enforcement (FDLE) retains a confidential record that it uses to confirm that someone has previously obtained an expungement, which matters because of the one-time-only rule.

In practice: if you are eligible for expungement, it is generally the stronger option. But either is significantly better than having the record remain public.

The One-Time Rule

Florida law is clear on this: you may only seal or expunge one record in your lifetime. This applies across all Florida courts. If you have already sealed or expunged a record, even decades ago, you are not eligible again, regardless of what happened in a later case.

This makes timing and strategy important. If you have multiple arrests or charges on your record, an attorney can help you evaluate which one has the most impact and which one you are actually eligible to address.

Basic Eligibility Requirements

To qualify for sealing or expungement in Florida, several conditions must be met:

The Case Must Have Ended Without a Conviction

If you were convicted, meaning the court formally adjudicated you guilty, that case cannot be sealed or expunged. Full stop. Qualifying dispositions include:

• Charges were dropped (nolle prosequi)
• You were acquitted at trial
• Adjudication was withheld (common in Florida — you may have completed probation without technically being convicted)
• You completed a pretrial diversion or intervention program and the charges were dismissed

The distinction between adjudication and adjudication withheld is critical. In Florida, a judge can withhold adjudication, meaning you are sentenced (often to probation or fines) but are not formally convicted. That disposition can qualify for sealing, assuming everything else checks out. An actual adjudication of guilt does not.

No Prior Seals or Expungements

As noted above: one per lifetime. FDLE checks this when you apply for a Certificate of Eligibility.

No Disqualifying Offenses

Florida has a lengthy list of charges that cannot be sealed or expunged regardless of how the case ended. This includes the charge itself, not just the conviction. Some of the key disqualifying offenses under Florida Statute § 943.0584 include:

• Domestic violence offenses (as defined under § 741.28)
• Sexual battery and other sexual offenses
• Murder and manslaughter
• Kidnapping and false imprisonment
• Arson
• Robbery, carjacking, and home invasion robbery
• Stalking and aggravated stalking
• Child abuse, aggravated child abuse, and abuse of elderly or disabled adults
• Drug trafficking
• Terrorism-related offenses

This is not an exhaustive list. If your charge is in a gray area or you're not sure whether it qualifies, an attorney can evaluate whether the specific statute you were charged under is on the disqualifying list.

What About DUI?

This is one of the most common questions. A DUI conviction, where the court formally adjudicated you guilty, cannot be sealed or expunged. However, if your DUI case was resolved through a diversion program, if adjudication was withheld, or if the charges were dropped, the situation may be different. The eligibility analysis depends on the specific charge you faced and how the case closed. This is worth discussing with an attorney if you're unsure.

What Happens After Sealing or Expungement?

Once a Florida court grants a seal or expungement and the order is served on all relevant agencies, several things change:

• The record will no longer appear on most public background checks
• In most situations, you can legally deny the arrest or charge when asked by employers, landlords, and others
• The record is removed from the clerk of court's public files

However, there are important exceptions: situations where you still must disclose a sealed or expunged record:

• Applying for a position in law enforcement or corrections
• Working with children or the elderly in a licensed capacity
• Applying for certain professional licenses regulated by the state
• Applying to serve as a juror
• Immigration proceedings (sealed/expunged records can still affect immigration status)
• Florida Bar applications (attorneys must disclose)
• Running for public office

These exceptions are narrow but important. If you are in one of these categories, talk with an attorney before assuming your sealed record is invisible.

The Process in Florida

Sealing and expungement in Florida involves multiple steps and takes several months from start to finish:

1. Obtain a Certificate of Eligibility from FDLE. You apply through the Florida Department of Law Enforcement with a $75 fee. FDLE verifies your identity, checks your prior record, and confirms the case disposition. This step alone can take 8–12 weeks.
2. File a Petition in circuit court. Once you have the Certificate of Eligibility, an attorney files a petition with the court that handled your case, along with a proposed order.
3. The State Attorney may respond. The State Attorney's Office has the opportunity to object, though in straightforward cases this is uncommon.
4. Hearing or order. In many cases a judge signs the order without a formal hearing. If there is an objection, a hearing is scheduled.
5. Agencies are served. Once the court grants the petition, certified copies of the order go to every agency that holds a record: the arresting law enforcement agency, the clerk of court, FDLE, and any other agencies involved. Each one is required by law to comply.

Total timeline: typically 4–8 months from start to finish, depending on FDLE processing times and court scheduling.

Why Timing Matters

Because you only get one seal or expungement in Florida, and because the process takes months, this is not something to put off indefinitely. If you have a qualifying record, each year you wait is another year that record is potentially visible to employers, landlords, and licensing boards. And if you have multiple records, acting strategically to address the most harmful one requires planning.

The other timing consideration: if a case is still pending or was recently closed, it may not yet be eligible. An attorney can review the disposition and help you understand when the clock starts.

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