Sanchez Vaughn, Trial Lawyers

Criminal Defense · Tampa Bay

Tampa Expungement & Record Sealing Lawyers

A closed case can still leave a criminal record. Nicole N. Sanchez and Tyler K. Vaughn help Tampa Bay clients assess Florida sealing and expungement eligibility, prepare the required applications, and seek appropriate court relief. The starting point is the actual outcome of each charge and the person's record.

Request a consultation · Call 813.582.5188 · Text 813.401.9918

Sealing and expungement: what changes?

Both can restrict public access to an eligible record, but they affect records differently. Neither should be treated as a promise that every trace of a case will disappear.

Record sealing

A court-ordered sealing makes the covered criminal history record confidential rather than destroying it. The person, the person's lawyer, criminal justice agencies, and specified other recipients may still have access under Florida law. Florida Statutes § 943.059(6).

Record expungement

Court-ordered expungement generally requires criminal justice agencies to destroy the covered record, with statutory exceptions. FDLE retains a confidential copy, and an agency may retain a notation of compliance. Expungement has its own eligibility and disclosure rules. Florida Statutes § 943.0585(6).

Eligibility starts with the disposition

A dismissal, a not-guilty outcome, and a plea with adjudication withheld are different dispositions. A withhold does not automatically make a record sealable, and a dismissed case is not automatically eligible for court-ordered expungement.

We review the disposition of every charge, any adjudication of guilt or delinquency, whether supervision has ended, prior sealing or expungement, and other statutory restrictions. Tell counsel about your full Florida and out-of-state history, including juvenile matters and previous record-relief orders. Sealing eligibility · Expungement eligibility.

Certain offenses are disqualifying when the record meets the statute's definition of a conviction, which includes specified pleas or findings of guilt even when adjudication is withheld. The charge name alone does not answer every eligibility question; the disposition matters. Florida Statutes § 943.0584.

What to gather before the review

Start with the records you already have. We can identify what else is needed after reviewing the case information.

  • Case and arrest information: County, case number, arrest date, and the charges involved.
  • Court dispositions: The final outcome of each charge, preferably certified copies from the clerk.
  • Completion records: Probation termination paperwork or a PTI/diversion completion letter, if applicable.
  • Earlier record relief: Any previous sealing or expungement orders, applications, or FDLE correspondence.
  • The practical concern: A background report, application question, or employment or licensing deadline that prompted the inquiry.
  • A complete history: Other adult or juvenile matters that may affect the analysis, including cases outside Florida.

Keep copies before records become harder to obtain. Ask our team how to provide sensitive documents securely. FDLE's application checklist is separate from this consultation checklist. FDLE application instructions.

From eligibility review to a court order

The ordinary court-ordered process has separate administrative and court stages. A certificate from FDLE is not an order sealing or expunging a record.

  1. Review the record and choose the applicable process

    We compare the dispositions and history with the eligibility rules. Juvenile relief, automatic sealing, and other statutory procedures can differ from an ordinary court-ordered petition. The paperwork should match the relief being sought.

  2. Apply for the FDLE certificate

    The application generally includes a signed, notarized application, fingerprints, certified disposition records, and the required processing fee. Expungement also requires the prosecutor's certified statement. Missing disposition or completion records can require follow-up. FDLE application instructions.

  3. Petition the court

    The petition requires a valid certificate and a sworn statement. The prosecutor and arresting agency receive the petition and may respond. The court decides whether to grant relief; eligibility does not guarantee an order. Florida Statutes § 943.059(3)–(5) · § 943.0585(3)–(5).

  4. Follow through after the order

    If relief is granted, the order must reach the appropriate agencies through the statutory distribution process. Keep a copy of the order and ask counsel how to check the records it covers. A court order and an updated private background report are separate matters. Florida Statutes § 943.059(5) · § 943.0585(5).

Dismissals, PTI, and automatic sealing

After PTI or another diversion program, confirm both completion and the actual disposition of every charge. Completion paperwork can be relevant to the application, but it does not establish that every record has been removed. For the earlier diversion stage, read our Pinellas and Pasco PTI guide or Hillsborough PTI guide. FDLE application instructions.

Florida also provides automatic sealing for qualifying dispositions under a separate statute. That process includes FDLE sealing and confidentiality of related court records after notification; it does not require every other criminal justice agency to seal its records. Confirm what happened to the specific records before assuming no further review is needed. Florida Statutes § 943.0595.

Disclosure and background-check questions

Read the actual application question

Florida law permits a person to deny or omit certain covered arrests, subject to exceptions. Criminal justice employment, Florida Bar admission, and specified licensing or care-related screening are among the settings requiring closer review. Do not use a general webpage to decide how to answer a particular application. Sealed-record exceptions · Expunged-record exceptions.

Check private reports separately

An order does not necessarily remove information previously collected by private websites or background-reporting companies. If a record still appears, keep the report and the order so counsel can assess the source, accuracy, and appropriate correction request. FDLE explains that it cannot require private companies to delete their information. FDLE frequently asked questions, question 24.

Your criminal defense attorneys

Nicole N. Sanchez and Tyler K. Vaughn represent clients in criminal defense matters across Tampa Bay and assist with record-relief questions arising from those cases.

Nicole N. Sanchez

Nicole is Board Certified in Criminal Trial Law by The Florida Bar and is a former lead felony prosecutor. She also assists clients in Spanish.

Nicole's background and credentials →

Tyler K. Vaughn

Tyler represents clients in criminal defense matters and works with clients to assess the record, identify the applicable process, and address the legal and practical questions involved in seeking relief.

Tyler's background and practice →

Questions about Florida record relief

Does a withhold of adjudication guarantee sealing?

No. The charge, disposition, history, supervision status, and other statutory requirements still matter. Some disqualifying convictions include pleas even when adjudication is withheld. Florida Statutes §§ 943.059 and 943.0584.

Does an FDLE certificate expire?

Yes. A certificate for ordinary court-ordered sealing or expungement is valid for 12 months from its stamped issue date. After that, a new application is required, and eligibility is evaluated under the applicant's circumstances and the law then in effect. Florida Statutes § 943.059(2)(b) · § 943.0585(2)(b).

Can one petition cover several arrests?

The ordinary court-ordered statutes generally address one arrest or incident. Directly related additional arrests may be included when the court's order specifically provides for them. Separate incidents and prior relief require individual review. Florida Statutes § 943.059(4)(c) · § 943.0585(4)(c).

Discuss your record and the next step

Tell us the county, the case outcome, and what prompted your inquiry. Nicole N. Sanchez and Tyler K. Vaughn can review whether a Florida record-relief process may apply and what documents are needed to evaluate it.

Request a consultation · Call 813.582.5188 · Text 813.401.9918

General information only. Eligibility and the appropriate response to a disclosure question depend on the particular record and circumstances. Do not send confidential records until our team provides instructions.