FLORIDA
How to Clear Your Criminal Record
in Florida
in Florida
A free, plain English guide to expungement and record sealing under Florida law — who qualifies, how to file, and what happens after.
LEGAL TERMS
Expungement / Sealing
FDLE APPLICATION FEE
$75
GOVERNING LAW
§ 943.0585 / § 943.059
What You Need to Know First
Florida's most important rule: You are only allowed one court-ordered sealing or expungement in your entire lifetime. Choose carefully — once you use it, it is gone regardless of how many other arrests you have.
Florida has three pathways to clear a criminal record. Understanding which applies to your situation is the first step.
Expungement
STRONGEST RELIEF
The court orders physical destruction of your record. All agencies must destroy their copies. FDLE retains only a confidential notation. Available for dismissed charges and arrests that never resulted in any conviction — even a withhold.
Court-Ordered Sealing
FOR WITHHELD ADJUDICATIONS
Removes the record from public access but does not destroy it. Available when adjudication was withheld — meaning you were not formally convicted. After 10 years sealed, the record may become eligible for expungement.
Automatic Sealing
NO ACTION REQUIRED
FDLE automatically seals records when charges are dismissed, nolle prosequi, or result in acquittal — for non-forcible felonies. No application needed. No limit on how many times this applies. Does not seal records at local level.
What Can — and Can't — Be Sealed or Expunged
ELIGIBLE
- Charges dismissed or nolle prosequi before trial
- Acquittal — not guilty verdict
- Adjudication withheld — never formally convicted (sealing)
- No charges filed after arrest
- Record previously sealed for 10+ years (expungement)
- Human trafficking victims — separate pathway
- Lawful self-defense cases — separate pathway
NOT ELIGIBLE
- Any adjudication of guilt — ever, for any offense
- Prior sealing or expungement already used
- Currently on probation, community control, or supervision
- Outstanding court costs, fines, or restitution
- Murder, sexual battery, robbery, arson, kidnapping
- Any offense requiring sex offender registration
- Domestic violence offenses under specific statutes
- Child abuse, elder abuse, aircraft piracy
Florida law is strict — even a withhold of adjudication on a disqualifying offense bars you from sealing or expunging any record, even for a completely different unrelated arrest. If you have ever been adjudicated guilty of anything, you are not eligible for court-ordered relief.
How to File — Step by Step
Florida requires a Certificate of Eligibility from FDLE before you can file with the court. This is the first step and takes 8 to 12 weeks. Plan your timeline accordingly.
1
Apply for a Certificate of Eligibility from FDLE
Download the application from fdle.state.fl.us. You will need to submit the completed application, a certified disposition of your case from the court clerk, a fingerprint card, and a $75 money order payable to FDLE. Mail everything to the FDLE Seal and Expunge Section.
2
Wait for Your Certificate
FDLE will review your application and criminal history. If eligible, they will issue a blue Certificate of Eligibility. This typically takes 8 to 12 weeks. If denied, you have the right to appeal the decision.
3
Complete Your Court Petition
Once you have your Certificate, complete the Petition to Expunge or Seal, the Affidavit, and the Judge's Order forms. You must sign the petition in the presence of a notary. Most judges will not accept handwritten forms — type them.
4
File with the Court
File your petition package with the clerk of the circuit court in the county where you were arrested. Make copies of everything before filing. There may be a court filing fee in addition to the FDLE fee.
5
Serve the State Attorney
You must serve a copy of your petition on the State Attorney's Office. They have the opportunity to object. Most eligible petitions are not objected to but the State Attorney can request a hearing.
6
Attend a Hearing if Required
If the State Attorney does not object, the judge may sign the order without a hearing. If there is an objection or the judge requires a hearing, you will need to appear in court.
7
After the Order Is Granted
The clerk sends certified copies of the order to FDLE, the arresting agency, and all agencies that received the criminal history information. For expungement, agencies must physically destroy their records. For sealing, records are made confidential. FDLE updates their database accordingly.
Official Forms
All Florida sealing and expungement forms are available from FDLE and your county court clerk.
FDLE Certificate of Eligibility Application
The required first step — apply here before filing with the court. Includes instructions and fingerprint card information.
Apply at fdle.state.fl.us →
Petition to Expunge or Seal
Court petition forms available from your county circuit court clerk — forms vary slightly by county
Find your county court →
FDLE Seal and Expunge FAQ
Official answers to common questions about the Florida sealing and expungement process
Read at fdle.state.fl.us →
Check Your Criminal History
Request a copy of your Florida criminal history from FDLE before applying
Request at fdle.state.fl.us →
Helpful Resources
FREE LEGAL HELP
Florida Legal Services
Free civil legal assistance for low-income Floridians — including criminal record relief
floridalegal.org →
FREE LEGAL HELP
Bay Area Legal Services
Free legal help including expungement assistance in the Tampa Bay area and beyond
bals.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
YOUR CRIMINAL HISTORY
FDLE Personal Record Review
Request and review your own Florida criminal history before filing your application
fdle.state.fl.us →
Frequently Asked Questions
What is the difference between sealing and expungement in Florida?
Sealing removes the record from public access but does not destroy it — law enforcement and certain government agencies can still see it. Expungement goes further and requires all agencies to physically destroy their copies of the record. FDLE retains only a confidential notation. After expungement you can lawfully deny the arrest ever occurred in most circumstances.
Can I seal or expunge my record if I was found guilty?
No. If you were ever adjudicated guilty of any criminal offense in Florida — or any comparable offense in another state — you are not eligible for court-ordered sealing or expungement. This applies even if the guilty finding was for a completely different offense than the one you want to seal. A withhold of adjudication is not a conviction and does preserve eligibility, as long as the offense is not on the disqualifying list.
How long does the Florida process take?
The FDLE Certificate of Eligibility takes 8 to 12 weeks. After you receive the certificate and file with the court, the petition process typically takes an additional 2 to 4 months depending on your county and whether a hearing is required. The entire process from start to finish is commonly 6 to 9 months.
What is automatic sealing and do I qualify?
Florida automatically seals FDLE records — without any action from you — when charges are dismissed, nolle prosequi, or result in a not guilty verdict, as long as the charge is not a forcible felony or sex offense requiring registration. This only applies to records after October 1, 2019 and does not seal records at the local level. Even if your record was automatically sealed, you may still want to pursue a full court-ordered expungement for more complete relief.
Can I legally say my arrest never happened after expungement?
Yes — after expungement, Florida law allows you to lawfully deny or fail to acknowledge the arrest in most circumstances. Exceptions apply when applying for law enforcement employment, admission to the Florida Bar, certain professional licenses, purchasing a firearm, or applying for a concealed weapons permit. After sealing, the same general rule applies but the record still exists and can be accessed by authorized agencies.
Do I need an attorney?
You are not required to hire an attorney. However Florida's process is more involved than many states — it requires a notarized petition, a certified court disposition, fingerprints, and an FDLE application before you can even file with the court. Florida Legal Services offers free help for those who qualify. Given the one-lifetime limit on sealing or expungement in Florida, getting it right the first time matters.
After Your Record Is Cleared
After expungement in Florida, you can lawfully deny the arrest ever occurred on most job and housing applications. After sealing, the same applies for most private employers — sealed records do not appear on standard background checks.
✓
Employment
Most private employers will not see your sealed or expunged record. Florida law allows you to deny the arrest on most job applications. Government positions, law enforcement jobs, and positions involving work with children or the elderly are exceptions — those employers retain access.
✓
Gun Rights
Sealing or expunging a record in Florida does not restore firearm rights lost due to a felony conviction. Additionally, Florida law specifically requires you to disclose sealed or expunged records when purchasing a firearm or applying for a concealed weapons permit. If you have a felony conviction, consult an attorney before attempting to purchase a firearm.
✓
Professional Licensing
Some Florida licensing boards retain access to sealed and expunged records. If you are pursuing a license in healthcare, law, education, childcare, or other regulated fields, check with the specific licensing board about their disclosure requirements before applying.
✓
Background Check Databases
Third-party background check companies may take time to update their databases. Keep a certified copy of your sealing or expungement order. If an old record appears, you have the right to dispute it by providing the order to the reporting agency.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.