Does Florida Allow Criminal Records to Be Expunged?

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A criminal record can follow you long after your case ends. It can affect your job, your housing, your education, and even your peace of mind. But under Florida law, some people may be eligible to seal or expunge a record, giving them a path to a cleaner future. Whether you were arrested but not convicted or your charges were dismissed, it’s worth understanding how the process works and what it can and cannot do.

What is the difference between sealing and expungement?

A sealed record is hidden from most public view. Government agencies and certain employers may still access it, but the general public cannot. An expunged record, however, is physically destroyed by the criminal justice agency that holds it. That means even most government officials cannot view it without a court order.

In both cases, once your record is sealed or expunged, you can lawfully deny the arrest or criminal history on most job or housing applications. But there are exceptions, especially for sensitive positions, private or parochial school jobs, and licensing agencies.

Who is eligible to have a criminal record sealed or expunged?

Florida law sets strict eligibility requirements. You must have no prior sealing or expungement. You cannot have been adjudicated guilty in the case you are trying to seal or expunge. If you were adjudicated guilty, even for a related offense, you may not qualify.

You also cannot have any prior criminal convictions on your criminal history record. The offense must have been dismissed, dropped, or resulted in a withheld adjudication with no other disqualifying factors. Expunging criminal records in Florida starts with understanding if your case meets the eligibility criteria.

How the expungement process works in Florida

The expungement process begins with a completed application to the Florida Department of Law Enforcement. You’ll need a certified copy of the final disposition from the clerk of court. The department then reviews the request to determine if the record meets the criteria for sealing or expungement.

If approved, a petition is filed in the court where the offense occurred. The judge then decides whether to grant the order to seal or expunge. Once ordered expunged, the criminal history is no longer part of the public record, and access is restricted under state law.

What records cannot be expunged in Florida?

Not all criminal records are eligible. Felony offenses, adjudicated guilty outcomes, and some violent crimes are excluded. If you served probation, court supervision, or house arrest, it may affect eligibility. Each case must be reviewed individually.

Juvenile justice records may be eligible for administrative expungement in certain situations. But adult records tied to serious offenses or multiple charges often do not qualify. A criminal defense attorney can review your record and determine if your case can move forward.

Why people seek sealing or expungement

Many people pursue a sealed or expunged record to move forward from a past mistake. A public criminal history can limit access to employment, education, and vocational rehabilitation. Having a clean slate helps restore privacy and rebuild confidence.

Even a dismissed case can appear on background checks unless formally sealed or expunged. People often seek expungement after a wrongful arrest or when charges were dropped but the record remains.

Call Hersem Law if you want to seal or expunge your record

If you’re looking to seal or expunge a criminal record in Florida, Hersem Law can help you understand your options, eligibility, and the steps required. Our criminal defense attorney can guide you through the petition process and help you regain control over your future. Start with a free consultation to find out if your record qualifies under current Florida law.

Frequently Asked Questions

Does Florida allow expungement of criminal records?

Yes. Under specific conditions, Florida law allows certain criminal history records to be sealed or expunged if the person meets all eligibility requirements.

What is the difference between sealing and expungement?

A sealed record is hidden from public access but still exists. An expunged record is physically destroyed by the criminal justice agency and can only be accessed by court order.

Can I expunge my record if I was adjudicated guilty?

No. Florida does not allow sealing or expungement of records where the person was adjudicated guilty, even for a minor offense.

How long does the expungement process take?

The process involves applications to the Florida Department of Law Enforcement and the court system. It can take several months from start to finish, depending on your case and the paperwork involved.

What happens to my record once it is expunged?

Once your record is expunged, it is removed from public view and physically destroyed by the agency. Most employers and organizations will not be able to see it.

Do I need a lawyer to expunge my record?

While not required, working with a criminal defense attorney can help avoid mistakes, ensure eligibility, and move through the process more efficiently.