Last updated February 2026
📝 Sealing and Expungement in Florida: Step-by-Step Guide
Last updated February 2026
A Florida arrest can show up on background checks long after your case ends — even if charges were dropped or you were found not guilty. Florida law allows eligible people to seal or expunge certain criminal records, which can make a major difference for employment, housing, school, and professional licensing.
If you’re not sure whether you need sealing or expungement, start here: Sealing vs. Expunging in Florida.
For a full overview of your options, visit our hub: Sealing & Expungement.
⚖️ Sealing vs. Expungement: the quick difference
Sealing hides a record from public view, but the record still exists and can be seen by certain agencies.
Expungement destroys the record held by most agencies, with a confidential copy retained by FDLE.
In practice: expungement is usually better if you qualify, but many people must seal first (or can only seal).
🛠️ Step 1: Confirm you’re eligible before you spend time and money
Florida eligibility rules are strict. In general, you may qualify if:
You have no prior criminal convictions (even out of state can matter)
You do not have a prior Florida sealing/expungement (with limited exceptions)
Your case ended in one of the typical eligible outcomes:
Dismissal / nolle prosequi / no filed / dropped
Not guilty
Withhold of adjudication (often sealable; expungement depends on the statute and posture)
Some offenses are categorically ineligible, even if your case ended favorably. If your situation involves sensitive allegations (including certain domestic violence or sex-related charges), eligibility needs a careful review.
Related reading:
🛠️ Step 2: Gather the documents FDLE and the court will require
Most delays happen here.
You generally need:
A copy of the final disposition (certified is often required)
The charging document (information/indictment/citation) if applicable
A properly completed FDLE application packet
A fingerprint card completed by an authorized agency
Required fees (FDLE fee + fingerprinting fees)
Tip: The most common problem is a mismatch between what FDLE sees and what the clerk’s record reflects (wrong statute, missing disposition, or an open/pending status that shouldn’t be pending). Fixing that early prevents months of delay.
🛠️ Step 3: Apply to FDLE for a Certificate of Eligibility
For most adult sealing/expungement cases, you start with FDLE.
The FDLE application typically includes:
The completed application form(s)
Fingerprints
Certified court documents and disposition
Payment of the FDLE fee
FDLE reviews your eligibility and issues a Certificate of Eligibility if you qualify.
How long does FDLE take?
It varies with backlog, but it often takes several months. If you’re on a deadline for a job or licensing application, you want to start early.
🛠️ Step 4: File your petition to seal/expunge in the correct court
Once FDLE issues the Certificate of Eligibility, the next step is filing a petition in the court where the case was handled.
A typical court filing packet includes:
Petition to Seal/Expunge
Sworn affidavit
Proposed order
FDLE Certificate of Eligibility
Supporting documents and case paperwork
After filing, the State Attorney may:
Agree,
Object, or
Take no position, depending on the case facts and posture.
🛠️ Step 5: Hearing (sometimes) and the judge’s order
Many judges sign orders without a hearing if the petition is clean and uncontested.
Some judges set a short hearing, especially if:
the State objects,
the case is unusual,
the disposition paperwork is unclear, or
the court wants clarification on eligibility.
If granted, the judge signs an order directing relevant agencies to seal or expunge.
🛠️ Step 6: After the order — what happens next (and what to watch for)
Once the court grants relief, the record isn’t always “gone overnight.”
Here’s what typically happens:
The clerk updates the court file status
Law enforcement and other agencies process the order internally
Background check databases update on their own timelines (sometimes slowly)
If a background check still shows the case:
It may be a lag, or a private database that hasn’t updated. In those situations, you can usually provide proof of the order and request correction, and your attorney can follow up with agencies if necessary.
⚠️ Who can still see it (and when you must disclose)
Even after sealing or expungement, disclosure exceptions can apply. Certain agencies and situations may still allow access, and some applications can still require disclosure (especially for certain government positions or professional licensing).
If your future involves licensing, education programs, or sensitive employment, this is one of the most important parts of your strategy.
🚫 Common mistakes that cause denials or long delays
Applying when you have a prior conviction that disqualifies you
Filing with an incorrect or missing final disposition
Fingerprints rejected or improperly completed
Attempting to seal/expunge the wrong case number (or wrong county)
Trying to “rush” without confirming eligibility first
Having a pending charge anywhere (often pauses or defeats the process)
📣 Ready to clear your record?
If your case ended in a dismissal, no action, not guilty, or a withhold — you may be eligible to seal or expunge your Florida record. We can review your eligibility and map the fastest route to relief.
👉 Schedule a Free Consultation
❓ Florida Sealing & Expungement FAQs: Eligibility, Process & Timeline
Who qualifies for sealing or expungement in Florida?
Generally, people who have no prior convictions and whose case ended in dismissal, not guilty, or (for sealing) a withhold of adjudication may qualify. Eligibility is highly fact-specific and offense-based.
How long does the sealing or expungement process take?
Many cases take 6–12 months from starting the FDLE process through a signed court order, depending on backlogs and whether a hearing is required.
Does sealing or expungement erase my record completely?
Expungement destroys the record held by most agencies (with a limited confidential retention by FDLE). Sealing hides the record from public view but doesn’t destroy it.
Can employers still see a sealed or expunged record?
Most private employers cannot. Certain government agencies and licensing entities may still have access in limited circumstances.
Can juvenile records be expunged in Florida?
Yes, sometimes, and juvenile record-clearing rules can be different than adult cases. See: Juvenile Record Expungement in Florida.