Can You Seal or Expunge a Criminal Record in Florida?
Short answer: Florida allows eligible people to seal or expunge certain criminal records. Sealing hides the record from most public view; expunging generally requires its destruction, with limited exceptions. Eligibility depends on the outcome of the case and your record: generally you cannot have been adjudicated guilty, certain offenses are excluded, and most people can do this only once in a lifetime.
An arrest or a case that ended without a conviction can still appear in background checks for years. Florida's sealing and expungement laws give many people a way to move forward, but eligibility rules are strict.
Sealing vs. expunging
Sealing
- Record is kept but hidden from most public access
- Generally available when adjudication was withheld
- Certain agencies and employers can still see it
Expunging
- Record is generally destroyed, with limited exceptions
- Generally for cases dismissed, not filed or ended in acquittal, or records sealed for at least 10 years
- Offers more complete relief
General eligibility
- You were not adjudicated guilty of the offense you want sealed or expunged
- You have not previously been adjudicated guilty of a criminal offense, with limited exceptions
- The offense is not on Florida's list of excluded offenses
- You have not previously sealed or expunged a record in Florida, in most cases
- You are not currently under court supervision for the case
Excluded offenses: Some offenses can never be sealed or expunged in Florida, and if a court adjudicates you guilty of a domestic violence offense, Florida law generally bars sealing or expunging that record. Check eligibility before relying on a plea.
The process
- Certificate of eligibility. Apply to the Florida Department of Law Enforcement with fingerprints, a certified court disposition and, for expungement, a statement from the State Attorney's Office.
- Petition. File a petition with the court in the county where the case was handled, with the certificate attached.
- Court decision. A judge decides whether to grant the petition. Eligibility does not guarantee approval.
- Agencies update records. Once ordered, the clerk, the arresting agency and FDLE update their records.
Automatic sealing in some cases
Florida law now provides automatic sealing for certain records, such as some cases that end in acquittal or dismissal. Even so, it is worth confirming that the record has actually been sealed, and whether a full expungement would offer more protection.
The best time to think about sealing is before a case resolves, because the outcome you accept decides whether it is possible.
What you can say afterward
Once a record is sealed or expunged, you can generally deny the arrest in most contexts. There are important exceptions, such as applications for certain government, law enforcement, education and licensing positions, where the record must be disclosed.
Talk with a lawyer
Heather Harris Law helps Brevard County clients evaluate eligibility and handles criminal defense with an eye toward protecting the record long after the case ends.
Frequently asked questions
What is the difference between sealing and expunging in Florida?
Sealing hides the record from most public access while keeping it on file. Expunging generally requires the record to be destroyed, with limited exceptions.
Can I seal a record if I was convicted?
Generally, no. Florida sealing and expungement require that you were not adjudicated guilty of the offense, among other requirements.
How many times can I seal or expunge a record in Florida?
In most cases, only once in a lifetime, though Florida law has some limited exceptions.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.