Florida Record Expungement & Sealing Eligibility

Florida law provides two paths for clearing a criminal record: expungement under F.S. § 943.0585 and record sealing under F.S. § 943.059. Expungement physically destroys the record, while sealing removes it from public access. Both require a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) and a court order. Use the tool below to check whether your case may qualify.

Check Your Eligibility

Answer 5 questions to see if your record may qualify for expungement or sealing. This tool provides general guidance only — it is not legal advice.

Question 1 of 5

What was the outcome of your case?

Question 2 of 5

Have you ever had a record sealed or expunged in Florida before?

Question 3 of 5

Was the charge a disqualifying offense?

Florida law lists specific offenses that cannot be sealed or expunged, including: arson, aggravated assault, aggravated battery, illegal use of explosives, child abuse or neglect, abuse of an elderly or disabled adult, assault or battery on a law enforcement officer, sexual battery, robbery, carjacking, home invasion robbery, kidnapping, homicide, manslaughter, burglary of a dwelling, stalking, domestic violence resulting in injury, any offense involving a minor victim (sex offenses, lewd/lascivious acts), and drug trafficking.

Question 4 of 5

How long ago was the case resolved?

Question 5 of 5

Were you ever adjudicated guilty on this charge?

Adjudication withheld is not the same as adjudicated guilty. If the judge withheld adjudication, select "No."

Understanding Florida Record Expungement & Sealing

Expungement vs. Sealing: What's the Difference?

Florida offers two distinct remedies for clearing a criminal record, and the distinction matters. Record sealing under F.S. § 943.059 removes the record from public access — background check companies, employers, and landlords will not see it. However, the record is retained by FDLE and remains accessible to certain government agencies, including law enforcement, the Florida Bar, and agencies that work with children or the elderly.

Expungement under F.S. § 943.0585 goes further: the court orders the physical destruction of the record. All criminal justice agencies must destroy their copies, and FDLE retains only a confidential notation that the record existed. After expungement, you may lawfully deny the arrest ever occurred in most circumstances, with limited exceptions for law enforcement employment, bar admission, and certain professional licensing applications.

Who Qualifies?

To be eligible for record sealing, you must meet all of the following:

  • Adjudication was withheld (you were not formally convicted)
  • You have never been adjudicated guilty of a criminal offense, or adjudicated delinquent for a felony-equivalent, in any jurisdiction
  • You have not previously had a record sealed or expunged in Florida
  • The charge is not a disqualifying offense listed in F.S. § 943.059(4)
  • You are not currently under court supervision (probation, community control, etc.)

To be eligible for expungement, your case must have been:

  • Dismissed, nolle prossed (not prosecuted), or resulted in acquittal, OR
  • Previously sealed for at least 10 years (for withhold-of-adjudication cases)

The same criminal history and disqualifying-offense restrictions apply. Florida law generally allows only one sealing or expungement per person per lifetime, although the 2019 amendment (F.S. § 943.0585(5)) allows expungement of multiple arrests stemming from the same incident if charges were dropped or dismissed.

The Process

  1. Apply for a Certificate of Eligibility — Submit FDLE Form (Application for Certificate of Eligibility) with a $75 processing fee and a certified copy of the disposition. FDLE verifies your criminal history and confirms eligibility. Processing takes approximately 8–12 weeks.
  2. File a Petition — Once you receive the Certificate of Eligibility, file a Petition to Expunge or Seal with the clerk of court in the county where the case was filed. Include the Certificate, the original arrest report, and a sworn statement.
  3. State Attorney Review — The State Attorney's Office has 30 days to file an objection. If no objection is filed, the court may grant the petition without a hearing. If an objection is filed, a hearing will be scheduled.
  4. Court Order — If granted, the court issues an order directing FDLE and all agencies to seal or expunge the record. Agencies have 30 days to comply.

Costs

The minimum cost for a self-filed petition is approximately $115–$135:

  • $75 — FDLE Certificate of Eligibility processing fee
  • $40–$60 — Court filing fee (varies by county)

Attorney fees for handling the entire process typically range from $1,000 to $3,000, depending on case complexity and county. Many attorneys offer flat-fee packages for expungement and sealing petitions.

Timeline

Expect the process to take 6 to 12 months from application to final order. The FDLE Certificate of Eligibility takes 8–12 weeks. Court processing adds another 2–4 months depending on whether the State Attorney objects and the court's calendar. Some counties have longer backlogs than others.

After Your Record Is Sealed or Expunged

Once the court order is issued, you can legally deny the arrest on most job applications and housing applications. However, certain exceptions apply: you must disclose the record when applying for employment with criminal justice agencies, the Florida Bar, or positions involving direct care of children, the elderly, or disabled persons. Sealed records (but not expunged records) may also be accessed by government agencies conducting background checks for these positions.

Frequently Asked Questions

What is the difference between expungement and sealing in Florida?
Under Florida law, expungement (F.S. § 943.0585) physically destroys the record — criminal justice agencies must destroy all copies except those retained by FDLE. Sealing (F.S. § 943.059) removes the record from public view but retains it for access by certain government agencies. Expungement offers stronger protection but has stricter eligibility requirements — typically requiring that the record was previously sealed for at least 10 years, or that charges were dismissed, nolle prossed, or resulted in acquittal.
How much does it cost to expunge or seal a record in Florida?
The FDLE processing fee is $75 for a Certificate of Eligibility. Court filing fees vary by county but typically range from $40 to $60. If you hire an attorney, legal fees generally range from $1,000 to $3,000 depending on case complexity. The total out-of-pocket cost without an attorney is approximately $115 to $135.
How long does the Florida expungement process take?
The typical timeline is 6 to 12 months from start to finish. Obtaining the Certificate of Eligibility from FDLE takes approximately 8 to 12 weeks. After filing the petition with the court, a hearing is usually scheduled within 30 to 90 days. Some counties may take longer depending on court backlogs.

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Disclaimer: This eligibility tool provides general information based on Florida Statutes § 943.0585 and § 943.059. It is not legal advice and does not guarantee eligibility. Only a licensed Florida attorney can evaluate your specific situation. Laws change — consult current statutes and an attorney before proceeding.