Florida Has a Law That Can Wipe Your Criminal Record Clean, and Almost Nobody Knows About It
You applied for a job you were more than qualified for. No callback. You applied for an apartment you could easily afford. Denied. You went for a professional license and got flagged. Same reason every time: a background check turned up an arrest or charge from years ago.
Maybe it was a mistake. Maybe you were young and made a bad call. Maybe you were never even convicted. Doesn’t matter. In Florida, a criminal record follows you into almost every part of your life.
Here’s what most people never hear: Florida law gives a lot of people the right to have that record wiped out. Not hidden. Removed from public view for good. Most people who qualify never even try, because nobody ever tells them it’s an option.
Expungement vs. Sealing: What’s Actually the Difference?
Expungement is the stronger of the two. Once a court orders it, the police and prosecuting agencies that handled your case have to destroy their copies of the record. The state keeps one confidential file, but it’s locked down. Nobody can see it without a judge’s order, not employers, not landlords, not most background check companies. For almost every real-world purpose, the record is gone.
Sealing works a little differently. A sealed record still exists, but it’s hidden from public view. Certain government and law enforcement agencies can still pull it up. Sealing kicks in when expungement isn’t available, and for most everyday situations, job applications, housing, it does almost the same job.
Both routes require a court petition, a Certificate of Eligibility from the Florida Department of Law Enforcement, and sometimes a hearing. Neither happens automatically. This isn’t a form you fill out online in ten minutes, which is exactly why so many people either give up or get it wrong the first time.
Who Actually Qualifies?
Eligibility rules come straight from Florida Statute 943.0585 (expungement) and 943.059 (sealing). You may be eligible if any of these fit your situation:
- Your case was dismissed by the prosecutor or the court
- You were acquitted at trial
- You completed Pretrial Intervention (PTI) or a similar diversion program and your charges were dropped as a result
- You have no prior criminal convictions in Florida or anywhere else
- You’ve never had a record sealed or expunged in Florida before
- The charge itself is one Florida law allows to be expunged or sealed
That last one trips people up. You only get one shot at this in your lifetime. If you’ve already had a record sealed or expunged once, you can’t do it again for a different case. So it’s worth getting it right the first time, ideally with a legal review before you file anything.
What Can Never Be Expunged or Sealed?
Florida law draws a hard line around certain charges. DUI convictions are one of them. Florida requires a formal adjudication of guilt on every DUI conviction, and that permanently rules out sealing or expungement, no matter how well you handled probation.
Beyond DUI, Florida Statute 943.0584 lists specific offenses that can’t be sealed or expunged, even when adjudication was withheld. FDLE keeps its own plain-language version of this list if you want to check a specific charge yourself. The most common ones people ask about:
- Sexual battery and most other sex offenses
- Any offense against a child, including lewd or lascivious acts and child abuse
- Domestic violence, including domestic battery
- Aggravated assault or aggravated battery
- Robbery, carjacking, and home invasion robbery
- Kidnapping or false imprisonment
- Human trafficking
- Arson and burglary of a dwelling
- Murder and manslaughter
- Drug trafficking
This list isn’t complete. If your charge falls anywhere close to one of these categories, get a legal review before you spend time or money applying. And even when neither expungement nor sealing is on the table, there are other options worth asking about, like a pardon or civil rights restoration, that can soften the impact of an old record.
How Long Does This Actually Take?
Longer than people hope, but it’s a straight path if you follow it in order.
Step one is applying to FDLE for a Certificate of Eligibility. There’s a $75 processing fee. FDLE’s own site lists the typical turnaround as about 12 weeks from the date they receive a complete application, though it can run longer when their office is backed up. Once issued, the certificate is good for 12 months.
Step two is filing a petition with the circuit court and serving it on the State Attorney’s Office. If the state contests it, you’ll need a hearing. If they don’t, it usually moves faster.
Step three is making sure the court’s order actually reaches every agency that’s supposed to update their records.
Most people are realistically looking at three to six months from the day they apply to FDLE to the day it’s finished. It’s not quick. But for something that follows you permanently otherwise, it’s worth the wait.
What Actually Changes Once It’s Done
Once your record is sealed or expunged, you can legally answer “no” on most job applications, housing applications, and license applications that ask about arrests or convictions. There are a handful of exceptions where you still have to disclose it: applying to a criminal justice agency, applying to the Florida Bar, certain jobs working directly with children, the elderly, or people with disabilities, and if you’re ever a defendant in a new criminal case.
One thing to be straight about if you’re not a U.S. citizen: expungement does not automatically fix immigration consequences. Federal immigration law runs on its own rules, and agencies like USCIS and ICE generally don’t have to honor a state’s expungement or sealing order. If your case could affect your immigration status, get both your criminal case and your immigration situation reviewed together before you assume expungement solves the problem. That’s exactly the kind of case where criminal defense and immigration counsel need to work side by side.
Frequently Asked Questions
What’s the difference between expungement and sealing in Florida?
Expungement removes your record from public access almost entirely, with agencies destroying their copies and FDLE keeping one confidential file accessible only by court order. Sealing hides the record from the public but keeps it accessible to certain government and law enforcement agencies.
Can I get my record expunged if I completed a diversion program like PTI?
Yes, if your charges were dropped as a result of completing Pretrial Intervention or a similar diversion program, and you meet the other eligibility requirements, you may qualify for expungement.
Can a DUI be expunged in Florida?
No. Florida law requires a formal adjudication of guilt on every DUI conviction, which permanently disqualifies it from sealing or expungement.
How much does it cost to apply for a Certificate of Eligibility?
FDLE charges a $75 processing fee for the Certificate of Eligibility application. That’s separate from any attorney fees for the petition itself.
How long does the whole process take?
The Certificate of Eligibility alone typically takes about 12 weeks. Add court filing and processing time, and most people are looking at three to six months total.
Does expungement clear immigration consequences for non-citizens?
Not automatically. Federal immigration law doesn’t have to recognize a state expungement or sealing order. Non-citizens should have their case reviewed by both criminal and immigration counsel before assuming it resolves immigration exposure.
Find Out If Your Record Qualifies
You only get one shot at this. Get it reviewed by someone who does this regularly before you file anything.
Call (305) 644-1800 for a free consultation. Albert Quirantes, Esq. has handled more than 8,000 cases across Miami-Dade, Broward, Palm Beach, and Monroe County over 35+ years, and can tell you honestly whether your record qualifies before you spend a dollar on the process.
Visit Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers to learn more.
Albert Quirantes, Esq. has practiced criminal defense in Miami-Dade courts for more than 35 years and has handled more than 8,000 cases. Licensed by the Florida Bar, Bar No. 750270.
Sources
This article draws directly from Florida law and the Florida Department of Law Enforcement. You’re welcome to read the originals yourself:
- Florida Statute 943.0585 — court-ordered expunction, eligibility rules, Certificate of Eligibility, $75 fee, one-per-lifetime rule
- Florida Statute 943.059 — court-ordered sealing, eligibility rules
- Florida Statute 943.0584 — offenses that can’t be sealed or expunged
- Florida Statute 316.656 — mandatory adjudication for DUI
- FDLE: Reasons for Denial — the state’s own plain-language list of disqualifying offenses
- FDLE: Seal and Expunge Process — current processing times and general overview
- FDLE: Certificate of Eligibility Instructions — how to apply
This article serves as general information and should not be considered legal advice. Each case is unique. Consult with an attorney regarding your particular circumstances before proceeding.
