Can I Expunge My Criminal Record in Florida? Eligibility Explained

An old criminal record in Florida can keep costing you for years — background checks for jobs, apartments, professional licenses, and security clearances all pull arrest and conviction history. The good news: Florida law allows many people to either seal or expunge their records, which removes the information from public access. The hard part is figuring out which one you qualify for, and whether your charge is on the list of offenses that can never be cleaned up.

This guide walks through Florida expungement and sealing eligibility in plain English so you know where you stand before you spend money on the process.

Expungement vs. Record Sealing — What Is the Difference?

Florida has two separate procedures, and people often mix them up:

• Expungement physically destroys the record at every agency that holds it — local law enforcement, the clerk of court, the Florida Department of Law Enforcement (FDLE). Only a certified copy at FDLE is kept, confidential and accessible only to a narrow list of agencies.
• Sealing keeps the record in existence but makes it confidential. Law enforcement, the courts, and a limited list of state licensing boards can still see it. The general public cannot.

The practical difference: after either procedure, you can lawfully deny that the arrest and charge ever occurred on most job and housing applications.

Who Qualifies for Expungement

Expungement in Florida is reserved for people whose cases did not end in a conviction or a withholding of adjudication. Typically this means:

• Charges were dropped by the State Attorney
• You were acquitted at trial
• Your case was dismissed by the judge
• You completed a pre-trial diversion program

If you went through a diversion program and the charge was dismissed at the end, you can usually expunge the record once the waiting period passes.

Who Qualifies for Sealing

Sealing covers cases where the judge entered a withhold of adjudication — no formal conviction, but a plea and a sentence (probation, fines, community service). Many Florida criminal cases resolve with adjudication withheld specifically so the record can be sealed later.

Sealing is not available if you were actually convicted (adjudication formally entered). A conviction is permanent in Florida; it can neither be sealed nor expunged.

Charges That Can Never Be Sealed or Expunged

Florida Statute §943.0584 lists categories of offenses that are disqualified from sealing or expungement regardless of outcome. These include:

• Sexual battery and most other sexual offenses
• Aggravated child abuse and aggravated abuse of the elderly
• Lewd and lascivious offenses
• Drug trafficking
• Aggravated assault, aggravated battery
• Homicide and manslaughter
• Kidnapping and false imprisonment
• Robbery and carjacking
• Burglary of a dwelling
• Acts of domestic violence (a specific statutory definition — discuss with a lawyer before assuming this applies)
• Stalking and aggravated stalking
• Terrorism
• Any offense requiring sex offender registration

If your case is on this list, the answer is unfortunately no — even if the charges were dropped.

The Once-in-a-Lifetime Rule

Florida allows a person to seal or expunge a record only once in their lifetime. If you sealed a DUI arrest ten years ago, you cannot now seal a petit theft arrest from last year. For this reason, it matters a great deal which record you use the procedure on — people often wait to see whether another incident will occur before spending the one shot.

There is a narrow exception: records sealed automatically when you were a minor do not count against your adult single-use right.

The Process — FDLE Certificate of Eligibility

The process has two steps:

• Step 1: Apply to FDLE for a Certificate of Eligibility. This is the state's threshold determination that you can go forward. The application requires a $75 processing fee, fingerprints, a certified disposition of the case, and a sworn statement. FDLE takes about 90 days to respond.
• Step 2: Petition the court. Once FDLE issues the certificate, your attorney files a petition in the county where the arrest occurred. The State Attorney has an opportunity to object. Most petitions are granted without a hearing if the State does not object.

Timeline and Cost

Start to finish, a Florida expungement or sealing usually takes 4–6 months. Costs include:

• FDLE processing fee: $75
• Fingerprint card fee: varies by agency
• Court filing fee: $42 in most counties (waived if the case ended in dismissal or acquittal)
• Attorney's fees: vary by firm

Consider this an investment in future earning power. Background check issues cost people jobs and apartments for decades; a one-time cleanup can change that.

Juvenile Records Are Different

Juvenile records in Florida are generally confidential and many are automatically sealed at age 24 (or age 26 if the juvenile was classified as a serious or habitual offender). But parents often overestimate the automatic protections — juvenile arrests can and do appear on background checks in the meantime, and the automatic seal does not cover juveniles who were charged as adults. A formal juvenile expungement often makes sense long before age 24.

Common Mistakes That Waste the One-Use Right

• Sealing a recent arrest when an older one might come up first. The one-use rule rewards patience — sometimes.
• Assuming the record was "already handled" because the case was dropped. FDLE retains the arrest record until you affirmatively expunge it.
• Doing the paperwork yourself and missing a disqualifying prior. A single overlooked disqualifier can result in denial and forfeiture of the fee.

Free Eligibility Review

Most Florida criminal records can be cleaned up — but the rules are specific, the documentation is exacting, and you only get one shot. Contact Warrior Law LLC for a free eligibility review. Attorney Michael P. Gilbert has handled Florida expungements and record sealings in Escambia, Okaloosa, Santa Rosa, and Walton counties for years. Call (850) 757-0505.