A criminal record can impede an individual’s access to employment, education, housing, civic engagement, and public assistance. To resolve this issue, Florida enacted laws allowing for the sealing and expunging of criminal history records to prevent widespread public access to criminal records and give individuals the option of non-disclosure.

The process to seal or expunge one’s record in Florida typically takes 9 – 12 months and may require a court hearing after receiving a certificate of eligibility from the Florida Department of Law Enforcement.

Sealing and Expunging – What’s the Difference?

Expunging and sealing are very similar in purpose – to prevent the public from gaining access to other people’s criminal records. However, there are some notable differences:

• Expungement means to delete and destroy all records. However, the Florida Department of Law Enforcement (FDLE) will retain a confidential record for minimal purposes.
• Sealing does not delete or destroy the information but instead places it under government protection. While there is no public disclosure of the record, the Florida courts and criminal justice system will still have access to the records.

Some criminal charges are not eligible for sealing and expungement in Florida. A case can only be expunged if it was dismissed, there was no related indictment, information, or charging document, or it has been sealed for 10 years. Individuals seeking a “sealing” of their record must have had their adjudication withheld and have completed all probation or community control requirements (including court supervision) before becoming eligible.

Florida Procedure for Record Sealing and Expungement

Several types of sealing or expungement processes are available in Florida, such as:

• Administrative Expungement – An adult or juvenile arrest made by mistake or contrary to the law can be expunged by applying to the FDLE.
  • To obtain a court order to seal or expunge a criminal history record, you must first request a Certificate of Eligibility for Court-Ordered Sealing or Expungement.
  • A juvenile who has completed an authorized diversion program for a misdemeanor may apply for a juvenile diversion expungement.
  • A person can request a Lawful Self-Defense Certificate of Eligibility if the state attorney or prosecutor verifies that the individual acted in lawful self-defense, and the charges were dismissed or never filed.
  • Human trafficking victims can petition for the expungement of a criminal history record resulting from an arrest committed as part of the trafficking.

• Automatic Juvenile Expungement – the criminal record of a minor is expunged at the age of 21, or 26 if the minor was committed to a juvenile correctional facility or prison, as long as a forcible felony was not committed. A juvenile between the ages of 18 and 21 may apply for an early juvenile expungement if they were not charged with any criminal offense (including the one they want to be expunged) in the prior five years.
• Automatic Sealing – The FDLE will automatically seal the criminal record in question when the Clerk of the Court submits a qualifying certified disposition electronically.