Record Sealing & Expungement Attorney, Florida

Sealing vs. Expungement, The Difference Matters

Florida law provides two forms of relief from a criminal record. Sealing under § 943.059 means the record still exists but is not available to the general public, most employers, landlords, and licensing boards cannot see it. Expungement under § 943.0585 is stronger: the record is physically destroyed by the arresting agency, and you can legally deny the arrest ever occurred in most circumstances.

Which option is available to you depends on what happened in your case. If your charge was dismissed, adjudication was withheld, or you completed a diversion program, you may qualify for sealing or expungement. If you were adjudicated guilty (convicted), you generally cannot seal or expunge that record, which is one reason fighting the original charge is so important.

Eligibility Requirements

Florida's eligibility rules have several key requirements. You must have no prior sealing or expungement in Florida. You must not have been adjudicated guilty of, or had adjudication withheld for, certain disqualifying offenses (listed in § 943.0584), which include domestic violence, sexual offenses, and many violent crimes. You must have completed any sentence, probation, and fines related to the charge you want sealed or expunged.

Florida also limits record sealing: each person is generally entitled to one sealing and one expungement over their lifetime. Planning which record to address first, especially if you have multiple prior arrests, is an important strategic decision. Robert reviews your complete criminal history before advising you.

The Process

Obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) is the first step. This requires submitting an application, fingerprints, and applicable fees to FDLE. Robert's office handles this paperwork and follows up with FDLE throughout the process. Once the certificate is received, Robert files a petition with the circuit court in the county where the charges originated. A hearing may be required. The judge has discretion to grant or deny the petition.

The full process typically takes four to eight months from start to finish. After the order is granted, all agencies that have records of the arrest, the arresting agency, clerk of courts, state attorney's office, FDLE, must comply with the court order.

What Sealing Does for Your Life

Most private employers conducting background checks will not see a sealed record. Many landlords will not. Professional licensing boards vary, some are authorized to inquire about sealed records in specific industries (law enforcement, teaching, healthcare). Robert explains exactly which licensing boards have access before you proceed, so you know what to expect.

Frequently Asked Questions