Can You Expunge a Criminal Record in Florida?

A criminal record in Florida has long-lasting consequences. It can limit employment opportunities, restrict housing options, complicate educational pursuits, and carry a social stigma that affects personal relationships. For many individuals, expungement or record sealing provides a pathway to relief. Florida law, however, imposes strict requirements, and the process can be complex.

At Longwell Lawyers, our Orlando criminal defense attorneys are committed to helping clients understand their rights and pursue relief when eligible. Call us today at (407) 537-5597 to schedule a confidential consultation.

The Impact of a Criminal Record

A criminal record may follow an individual long after a case is resolved. Even if charges were dismissed or resulted in acquittal, the record often remains accessible to the public. Employers conducting background checks may deny job offers, landlords may refuse lease applications, and professional boards may impose restrictions.

In a state such as Florida—where many careers require licensure or security clearance—these barriers can be particularly burdensome. Expungement or sealing limits public access to records and allows individuals to move forward with greater confidence.

Expungement and Sealing Under Florida Law

Florida law provides two distinct remedies to restrict access to criminal history information:

• Expungement (Fla. Stat. § 943.0585): Records are destroyed, and the incident is treated as if it never occurred.
• Sealing (Fla. Stat. § 943.059): Records remain but are rendered confidential. They are hidden from public view, though certain governmental agencies may still obtain access.

A sealed record may later be eligible for expungement after ten years, provided the individual continues to meet statutory criteria. Importantly, Florida generally allows a person only one opportunity to seal or expunge during their lifetime, subject to narrow exceptions.

Eligibility for Expungement

Eligibility for expungement is limited. An applicant must generally demonstrate that:

• The case concluded without a conviction (by dismissal, acquittal, or dropped charges).
• No prior convictions exist in Florida.
• No previous sealing or expungement has been granted, unless an exception applies.
• All court-ordered conditions—such as probation, community service, or fines—have been satisfied.
• The offense is not among those specifically excluded by statute, such as murder, sexual battery, arson, aggravated assault, or human trafficking.

Certain groups benefit from additional protections: juveniles often have records automatically sealed or expunged; victims of human trafficking may expunge offenses committed under coercion; and self-defense cases may qualify even if a prior record was sealed.

The Expungement Process in Florida

The process typically requires four to twelve months and involves multiple stages:

1. Certificate of Eligibility: The individual must first apply through the Florida Department of Law Enforcement (FDLE), submitting fingerprints, supporting documentation, and a $75 fee.
2. Petition to Expunge: The petition is filed in the circuit court of the county where the arrest occurred. It must include the FDLE certificate and a sworn affidavit.
3. Judicial Review: If uncontested, the court may grant the petition without a hearing. In other cases, a hearing will be scheduled.
4. Order of Expungement: Once granted, the court directs agencies to destroy the record. FDLE retains only minimal administrative data.

Additional expenses may include court filing fees (approximately $59–$75) and attorney’s fees. Many individuals choose to retain counsel to avoid mistakes, as incomplete filings or objections from the State Attorney often result in denials.

Sealing vs. Expungement: Distinctions

Although both remedies restrict access to records, the scope differs. Sealed records are confidential but remain available to law enforcement, the Florida Bar, and certain licensing authorities. Expungement, by contrast, eliminates the record entirely, with only limited notations retained by FDLE.

Timing also differs: a sealed record may become eligible for expungement after a ten-year period, assuming continued compliance with eligibility requirements.

Special Considerations

Several additional factors must be considered:

• Multiple Arrests: Courts may allow related incidents to be addressed together.
• Juvenile Records: Many juvenile records are sealed or expunged automatically, consistent with Florida’s rehabilitative goals.
• Mandatory Disclosure: Even after expungement, applicants for certain positions (such as law enforcement or legal professions) must disclose the record.
• Private Databases: Commercial background check companies may retain outdated records, requiring individuals to request removal separately.

Benefits and Limitations

The advantages of expungement are substantial: improved access to employment, housing, and education, as well as relief from the stigma of a public record.

Limitations remain equally significant. Eligibility is tightly restricted, relief is generally available only once in a lifetime, and disclosure obligations persist in certain professional contexts. Additionally, private databases may continue to display records unless individuals take further action to ensure removal.

Q&A: Florida Expungement

What types of cases qualify for expungement?

Generally, only arrests that did not result in a conviction qualify. Certain serious offenses, including violent felonies, are excluded by statute.

How long does the process take?

Most cases require four to twelve months, though some may be completed more quickly if uncontested.

What is the difference between sealing and expungement?

Sealing renders records confidential but still accessible to select agencies. Expungement destroys the records, leaving only minimal administrative notations.

Can someone expunge more than one record?

Ordinarily no. Florida law generally allows one expungement or sealing per lifetime, with limited exceptions.

Conclusion

Expungement in Florida is a demanding process that requires precision and a thorough understanding of statutory requirements. At Longwell Lawyers, our experienced criminal defense attorneys in Orlando provide the knowledge and advocacy necessary to navigate these complexities.

Call (407) 426-5757 today to arrange a confidential consultation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.