Can You Get an Expungement in Florida? Your Options Explained
Yes, you can seek expungement or sealing of a Florida criminal record, but you cannot walk into a courthouse and file for it directly. Florida requires you to apply to the Florida Department of Law Enforcement (FDLE) first for a Certificate of Eligibility (COE) before any judge will even look at your petition. That single requirement, built into Florida Statutes § 943.0585 and § 943.059, trips up more applicants than any other part of the process.
Here’s the caveat that matters most: getting a COE doesn’t guarantee a court will grant your petition. Judges retain discretion, and certain offenses and prior adjudications will stop you cold before you ever reach a courtroom.
- First step, always: Apply to FDLE for your Certificate of Eligibility.
- Common quick blockers: A prior adjudication of guilt on the charge, or an offense on Florida’s excluded list (sexual offenses, homicide, and similar serious charges among them).
Quick fact: FDLE charges a $75 fee just to process your Certificate of Eligibility application, before court costs even enter the picture.
Key Takeaways
Florida’s expungement process requires an FDLE Certificate of Eligibility before any court will consider sealing or destroying a criminal record.
| Point | Details |
|---|---|
| FDLE application comes first | You must obtain a Certificate of Eligibility from FDLE before petitioning the court. |
| COE expires in 12 months | File your court petition promptly or you’ll need to reapply and pay the $75 fee again. |
| Clear fines before applying | Outstanding court costs and unpaid fines are among the most common reasons petitions stall. |
| Sealing and expungement differ | Expungement generally destroys records; sealing restricts access but keeps them on file. |
| Hire counsel for contested cases | Oldham Law PLLC’s Tampa Bay attorneys, including former prosecutors, help when the State Attorney objects or records span multiple charges. |
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
Who Qualifies for Expungement in Florida?
Florida’s eligibility rules hinge on two things: how your case ended and whether you’ve used this relief before. If you were adjudicated guilty on the charge you’re trying to clear, you’re not eligible for expungement of that charge, full stop. Withheld adjudication opens more doors, but not every disposition qualifies for every remedy, so it pays to check your certified case history before applying.
You also only get one bite at the apple. Florida allows one court-ordered expunction in your lifetime, and you can’t have a prior record sealed or expunged under § 943.0585 or § 943.059 and expect to qualify again for a different case.
Qualifying dispositions generally include:
- Charges that were dismissed or resulted in a nolle prosequi (the state dropped the case).
- A not guilty verdict at trial.
- Withheld adjudication on eligible, non-excluded offenses.
One more detail catches people off guard: your Certificate of Eligibility is only valid for 12 months from the date FDLE issues it. If you sit on it too long while gathering other paperwork, you’ll have to start the FDLE application over, fee and all.
Sealing vs. Expungement in Florida: What’s the Real Difference?
Sealing restricts access to your record, meaning it disappears from public view but still exists for certain government and licensing purposes. Expungement goes further. Most agencies holding your record are required to physically destroy it, though FDLE retains a confidential copy and can release it in narrow circumstances defined under § 943.0585.
Neither remedy is absolute. Law enforcement, the Florida Bar, and certain licensing boards can still access sealed or expunged records when statute allows it. If you’re applying for a job that requires a state license, a background check may surface information a private employer would never see.
Pro Tip: If you have a choice between the two and you qualify for expungement, take it. Expungement offers stronger protection than sealing, and since you generally only get one shot at either remedy in your lifetime, it’s worth pursuing the more protective option when your case allows it.
Florida Expungement Process: Step-by-Step
Getting through Florida’s record sealing process means clearing three distinct stages, each with its own paperwork and its own point of possible delay.
- Get certified dispositions. Visit the Clerk of Court in the county where your case was filed and request certified copies of the disposition for every charge you want addressed. FDLE won’t process your application without them.
- Apply to FDLE for your Certificate of Eligibility. You’ll need fingerprints (most law enforcement agencies can take these for a small fee), the certified dispositions, and a $75 payment to FDLE. If you’re seeking expunction rather than sealing, you also need a written certified statement from the State Attorney’s office confirming your case qualifies.
- File your petition with the court. Once FDLE issues your COE, prepare a Petition to Seal or Expunge in the county where the case originated. Attach the COE and a sworn statement affirming you meet the statutory requirements, then serve copies on the State Attorney and the arresting agency.
A hearing isn’t guaranteed in every county, but it becomes far more likely if the State Attorney’s office objects to your petition. When that happens, a judge weighs the objection against your statutory eligibility and has final say on whether to grant the order.
- Keep copies of every document you submit, including the COE and sworn statement.
- Confirm your county’s Clerk accepts the payment method you plan to use. Many won’t take personal checks for filing fees.
- Follow your county’s e-filing rules if you or your attorney file electronically.
How Long Does It Take and What Will It Cost?
Most applicants should expect the full Florida expungement process to take several months from the day they request certified dispositions to the day a judge signs an order. FDLE’s review alone can take weeks, and court dockets add more time on top of that. Because your Certificate of Eligibility expires 12 months after issue, dragging your feet on the court filing risks having to reapply and pay the FDLE fee again.
| Cost Item | Typical Range or Amount |
|---|---|
| FDLE Certificate of Eligibility fee | $75 |
| Fingerprint processing | Varies by agency, usually a modest per-card fee |
| Certified disposition copies | Set per-page or per-document fee at the Clerk’s office |
| Clerk filing/ESU processing fee | Varies by county |
Quick fact: Outstanding court costs, unpaid fines, and active probation are among the most common reasons a Clerk’s office won’t move a petition forward, according to Hillsborough County Clerk guidance. Clear those obligations before you file anything.
What Disqualifies You, and Why FDLE Denies Applications
Florida law excludes certain offenses from expungement and sealing entirely, regardless of how your case ended. The list includes sexual offenses, homicide, arson, and other violent or trafficking related charges, among the categories FDLE outlines. If your charge falls into one of these categories, no amount of paperwork will change the outcome.
Beyond disqualifying charges, FDLE and the courts deny a substantial number of applications for reasons that have nothing to do with the underlying offense:
- A prior adjudication of guilt on the case you’re trying to clear.
- A previous sealing or expungement under § 943.0585 or § 943.059 for a different case.
- Incomplete or inaccurate application documentation.
- Unpaid court fines, fees, or restitution tied to the case.
If FDLE denies your application, you generally have the option to correct and resubmit, wait until you meet eligibility (for example, once probation ends), or consult an attorney about whether the denial itself was in error.
Pro Tip: Read the denial letter carefully. FDLE will tell you exactly which requirement you didn’t meet, and often the fix is as simple as paying an outstanding fee or submitting a missing certified document.
Life After the Order: Confirming It Actually Worked
Once a judge signs your sealing or expungement order, the legal effect kicks in immediately, but the practical cleanup takes a bit more effort on your part. Expunged records are physically destroyed by most agencies, though FDLE keeps a confidential copy accessible only under narrow statutory exceptions. Sealed records stay on file but out of public view, with licensing boards and criminal justice agencies retaining limited access.
Most private employers can lawfully treat your sealed or expunged case as if it never happened, and you’re generally not required to disclose it on standard job applications.
- Request a certified copy of your final order and keep it somewhere safe.
- Follow up with both the Clerk’s office and FDLE to confirm the record was updated on their end.
- Search your name on common background-check and people-search sites. If mugshots or case details still appear, you may need to contact those third-party vendors directly and request removal, since a court order doesn’t automatically purge private databases.
Pro Tip: Certain licensing applications, including some in law enforcement, healthcare, and education, legally require you to disclose sealed or expunged history. Read the application language carefully before assuming your record is invisible.
Fixing a Mistake on Your Certificate of Eligibility
Errors on a Certificate of Eligibility happen more often than people expect, usually from a mismatched name, an incorrect case number, or a disposition that wasn’t reported accurately by the Clerk’s office. If FDLE issues a COE with wrong information, don’t file it with the court as is. Courts cross-reference the COE against your certified dispositions, and a discrepancy can trigger an outright denial or a demand for corrected paperwork that stalls your case for weeks.
Start by contacting FDLE’s Seal and Expunge Section directly to flag the error. In many cases, the mistake traces back to how the Clerk of Court reported your disposition, which means you may need a corrected certified copy from that county before FDLE will issue an amended certificate. Keep a paper trail of every communication, since you may need to show a judge that you addressed the error promptly rather than ignoring it.
If FDLE denies your application outright because of what you believe is a factual mistake, on your record rather than a genuine disqualifier, you generally have the right to request clarification or reconsideration. This is one of the few points in the process where hiring an attorney pays for itself quickly. A lawyer familiar with the reasons FDLE lists for denial can often spot whether a denial stems from a fixable clerical issue or a genuine statutory bar, and can push the correction through faster than navigating the bureaucracy alone.
When the State Attorney Objects: Motions and Hearings
Not every petition sails through uncontested. State Attorney’s offices can and do object to sealing or expunction petitions, particularly in cases involving multiple charges, a lengthy record, or facts they consider aggravating even though the case itself was dismissed or resulted in withheld adjudication.
When an objection comes in, the case usually moves toward a hearing rather than a rubber stamp. At that hearing, a judge weighs the statutory eligibility against the State Attorney’s stated concerns and decides whether to grant, deny, or narrow the relief. Experienced attorneys frequently negotiate partial resolutions in these situations. Sometimes that means sealing certain charges while excluding others from the same case, or reaching an agreement with the State Attorney before the hearing ever happens.
Other common friction points include:
- A judge questioning whether the underlying facts, even absent a conviction, warrant discretionary denial.
- Multi-county cases where records exist in more than one jurisdiction, requiring coordination between separate Clerk’s offices.
- Missing or improperly served notice to the arresting agency, which can result in a continuance rather than a ruling.
If your petition draws an objection or gets denied at a hearing, you can typically request reconsideration or, in some circumstances, appeal the ruling. Neither path is quick, and both benefit from someone who has stood in front of that judge before.
Expungement and Your Career: Licensing, Teaching, and Healthcare Fields
A sealed or expunged record restores a meaningful degree of privacy, but it doesn’t erase every consequence tied to sensitive professions. Florida law allows certain licensing boards, including those overseeing teaching credentials, nursing, and other healthcare certifications, to access sealed and even expunged records when evaluating an applicant’s fitness for licensure.
That distinction trips up a lot of people who assume expungement means a totally clean slate everywhere. If you’re pursuing a teaching certificate through the Florida Department of Education or a healthcare license through the Department of Health, expect background screening that may still surface information the general public can no longer see. The application itself may also legally require disclosure, and lying on a licensing application creates a separate problem entirely, independent of whatever happened with the original charge.
For most other civil rights and employment situations, though, the protection runs deep. Once your record is sealed or expunged, most private employers cannot lawfully ask about it, and you’re generally allowed to answer “no” if asked whether you’ve been arrested or convicted, on a standard job application. Voting rights, jury service eligibility, and other civil rights questions are typically governed separately from expungement itself, often tied instead to whether you were adjudicated guilty of a felony in the first place. If your case ended in a dismissal or withheld adjudication, most civil rights were never affected to begin with.
Expunging Juvenile Records in Florida
Juvenile records follow a related but distinct process from adult expungement, and Florida law treats them somewhat differently depending on how the case was handled. Some juvenile diversion programs and civil citation dispositions come with automatic eligibility for expungement once certain conditions are met, without requiring the same FDLE Certificate of Eligibility pathway used for adult records.
Other juvenile cases, particularly those that proceeded further into the court system or involved more serious charges, follow the standard COE application process just like an adult case would. The key difference is that a person’s age at the time of the offense and the type of juvenile disposition often determine which pathway applies, so it’s worth pulling your juvenile case history before assuming either process fits automatically.
Because juvenile records can affect college admissions, military enlistment, and early career opportunities, families frequently pursue this relief as soon as a young person becomes eligible. Waiting doesn’t help. If your juvenile record is sitting out there and eligible for automatic expungement or a straightforward court petition, addressing it early prevents it from resurfacing later during a background check for school, a job, or a professional license.
What the Process Actually Rewards, and What It Punishes
Most articles about clearing a Florida record spend their energy on the statute itself. That’s necessary, but it misses where cases actually fall apart. In our experience reviewing how these petitions move through Pinellas County and the greater Tampa Bay courts, the difference between a smooth expungement and a six-month headache almost always comes down to paperwork discipline, not legal complexity.
The conventional advice tells you to “check your eligibility” and stops there. What it should tell you is to pull your certified dispositions and confirm every court cost is paid before you spend a dollar on the FDLE fee. That single habit prevents the majority of denials we see.
If you take one thing from this guide, prioritize sequencing. Get your dispositions first, clear your financial obligations second, and only then submit to FDLE. Rushing the FDLE application before your paperwork is airtight burns your $75 fee and your 12-month clock for nothing.
Get Help With Your Sealing or Expungement Petition in Tampa Bay
You can file the FDLE application and the court petition on your own, and plenty of Floridians do. But when a State Attorney objects, your record spans more than one county, or a prior adjudication complicates your eligibility, having a former prosecutor on your side changes the conversation with the court. Oldham Law PLLC brings that exact background: our criminal defense attorneys have sat on the other side of the table as prosecutors in Pinellas County, and we know what makes a judge grant a petition versus send it to a contested hearing.
Hiring counsel makes the most sense when your case involves a prosecutor’s objection, a mixed record across multiple charges, or any prior adjudication that muddies straightforward eligibility. Bring your certified dispositions, any FDLE correspondence, and a list of every charge you’re hoping to address to your consultation. From there, we’ll map out whether sealing or expungement fits your situation and handle the filing so you’re not learning county-specific quirks under deadline pressure. Visit our criminal defense practice page to schedule a consultation and get a clear read on your options.
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FAQ
What Qualifies for Expungement in Florida?
You generally qualify if your charge was dismissed, resulted in a nolle prosequi, ended in a not guilty verdict, or received withheld adjudication on an eligible offense, and you haven’t used your one lifetime expunction already.
What Cases Cannot Be Expunged in Florida?
Florida excludes certain serious offenses from expungement entirely, including sexual offenses, homicide, and arson, along with cases where you were adjudicated guilty or have already used your prior sealing or expungement.
How Long Does Expungement Take in Florida?
Most applicants should expect the full process, from requesting certified dispositions through a final court order, to take several months, partly because your Certificate of Eligibility remains valid for only 12 months.
How Much Does It Cost to Have Your Record Expunged in Florida?
FDLE charges a $75 fee for the Certificate of Eligibility, and you’ll also pay for fingerprints, certified disposition copies, and your county Clerk’s filing or processing fees, which vary by jurisdiction.
Do I Need a Lawyer to Expunge My Record in Florida?
You’re not required to hire an attorney, but professional help becomes valuable if the State Attorney objects to your petition, your record involves multiple charges, or you’re unsure whether a prior adjudication affects your eligibility.
