Expungement and Record Sealing in Florida

Sealing and Expungement Are Different

A sealed record is generally removed from public access but remains available to specified governmental and related entities. An expunged record receives different treatment, and most qualifying entities are told that a record was expunged rather than receiving the record without further authority.

Neither remedy erases every trace in every system, guarantees removal from private databases, or permits denial in every circumstance. The statutory exceptions should be understood before filing.

Eligibility Depends on the Entire Record

Eligibility can turn on whether a charging document was filed, how the case ended, whether adjudication was withheld or imposed, the offense involved, prior convictions or delinquency findings, earlier sealing or expungement, and whether supervision is complete.

Some offenses are statutorily ineligible even when adjudication was withheld. Other types of relief, including automatic sealing, juvenile processes, administrative expungement, and specialized expungements, have different rules.

The FDLE Certificate Process

For standard court-ordered sealing or expungement, an applicant generally must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. The application requires accurate case information, fingerprints, certified dispositions, and other supporting material.

A certificate confirms statutory eligibility to petition. It does not itself seal or expunge the record and does not require the court to grant relief. The petition, affidavit, certificate, and proposed order must still be filed in the proper court.

What the Court Reviews

The court may review statutory eligibility, the accuracy of the petition, the prosecutor’s position, and any factual or legal issue raised in the case. Local filing procedures and certified documents matter.

If the court enters an order, certified copies must reach the agencies responsible for compliance. Applicants should keep their own complete record before access becomes restricted.

Practical Limits and Disclosure Questions

Even after relief, Florida law lists circumstances in which a person must disclose or acknowledge the record. Applications involving criminal justice agencies, certain professional or educational roles, licensing, firearm eligibility, or other specified entities may require special care.

A sealing or expungement issue can also intersect with a prior appeal or collateral challenge. The appeals and post-conviction page provides related procedural context.

How We Approach Record Relief

Audit the full history. We review Florida and out-of-state records, dispositions, adjudications, supervision, and prior relief.

Match the correct remedy. We distinguish standard sealing, expungement, automatic sealing, juvenile relief, and specialized statutes.

Build a complete application. We organize certified records, fingerprints, prosecutor certification when required, and FDLE submissions.

Finish the court process. We prepare the petition and supporting documents and track the order through the responsible agencies.

Frequently Asked Questions

Does a dismissed case disappear automatically?

No. Arrest and court records may remain public unless they qualify for automatic sealing or a court or agency grants applicable relief.

What is an FDLE Certificate of Eligibility?

It is the certificate generally required before petitioning for standard court-ordered sealing or expungement. It confirms eligibility to ask the court, not entitlement to relief.

Can every withheld adjudication be sealed?

No. Eligibility depends on the entire record and statutory exclusions. Some offenses remain ineligible even when adjudication was withheld.

Can more than one arrest be sealed or expunged?

Florida generally limits court-ordered relief, with a narrow possibility for directly related arrests in one proceeding. The full history must be reviewed.

Will private background-check sites update?

A court order directs official agencies, but private databases may not update automatically. Copies of the order may be needed to request corrections.