Seal and Expunge a Criminal Record

As a Florida expungement attorney, I regularly encounter clients who are unsure about their ability to expunge a record. Under Florida law, there are very specific legal requirements that must be met in order expunge a record. In this section, we will specifically address those requirements and discuss instances where one may not qualify.

How do I expunge a criminal record in Florida?
The following sections will address each step required to expunge your record. Florida expungement attorneys will follow this process when handling your expunction case. As with most things in criminal law, paying attention to detail can make all the difference.

STEP 1: Obtain a Certificate of Eligibility

The first step in expunging a record in Florida is to obtain a “Certificate of Eligibility” from the Florida Department of Law Enforcement. Unless and until a certificate of eligibility is obtained, a petition for expunction cannot be filed. Any petition for expunction filed without first obtaining a certificate of eligibility will be denied by the court. Additionally, once a certificate of eligibility is obtained, a petition for expunction must be filed within one year of the date of issue on the certificate. This time limit exists because the certificate expires one year from its date of issue.

To obtain a certificate of eligibility, a person must qualify in one of two categories:

Category 1: Charges Dismissed, Dropped, or Not Filed

  • That an indictment, information, or other charging document was never filed or issued in the case in question.
  • If an indictment, information, or other charging document was filed or issued it was later dropped by the prosecutor or dismissed by the judge, and that none of the charges in question resulted in a trial.
  • That the criminal record at issue does not involve any of the enumerated offenses which are ineligible for expunction (such as arson, robbery, or sexual battery).

As one can see, the charges at issue must have either been dropped by the prosecutor, dismissed by the judge, or never filed in the first place in order to qualify in the first category. If your charges do not fit in this category, you must qualify in category #2 before a petition to expunge a record can be filed.

Category 2: Case Sealed for 10 Years

  • Adjudication was withheld on the charges in question.
  • The petitioner previously sealed the record in question.
  • At least 10 years have passed since the record was sealed.

Thus, to qualify in the second category, a person must not have been convicted and must have already sealed their record for a minimum of 10 years. If you were convicted (meaning you received an adjudication versus a withhold adjudication), you would not be able to expunge the record in question. Additionally, if you haven’t already sealed your record and allowed 10 years to elapse, you would also not qualify for expungement.

However, even if you do not qualify for expunction,
it may still be possible to seal the record.
Assuming a person fits in on of the above categories, the following additional criteria must also be met before a certificate of eligibility can be issued:

  • $75 application fee must be paid
  • Must submit certified copy of case disposition
  • Must never have been adjudicated guilty or delinquent of a criminal offense
  • Must not have been adjudicated guilty or delinquent of an offense stemming from the arrest or criminal activity at issue
  • Must have never sealed or expunged a record before
  • Is no longer on court supervision for the case at issue

In the coming section, we will discuss Step 2 of the process, which entails the filing of a petition for expunction.