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Can You Clear Your Criminal Record in Florida?
A criminal record can affect nearly every aspect of your life. Even if criminal charges were dismissed or you were never convicted, an arrest may still appear on background checks performed by employers, landlords, licensing boards, colleges, and professional organizations.
Fortunately, Florida law allows many eligible individuals to seal or expunge their criminal records, preventing most members of the public from accessing them.
At Landsman Law, we help clients throughout Gainesville, Alachua County, and North Central Florida determine whether they qualify for record sealing or expungement and guide them through every step of the process.
If you want to move forward without the burden of a public criminal record, understanding your options is the first step.
What Is the Difference Between Record Sealing and Expungement?
Although the terms are often used interchangeably, they are not the same.
Record Sealing
When a criminal record is sealed:
- The record still exists.
- Most members of the public cannot view it.
- Many employers and landlords will not see it during routine background checks.
- Certain government agencies and licensing authorities may still access the record under Florida law.
For many people, sealing a record substantially reduces the long-term impact of an arrest or criminal charge.
Record Expungement
Expungement generally provides greater privacy.
When a record is expunged:
- The court orders the record removed from public access.
- Most agencies destroy the record, although confidential copies may be retained by certain government entities as authorized by law.
- The record is no longer available through standard public records searches.
Because expungement offers broader protection, it is often the preferred option when available.
Florida Laws Governing Record Sealing and Expungement
Florida’s record sealing and expungement process is governed primarily by Chapter 943, Florida Statutes, and administered by the Florida Department of Law Enforcement (FDLE).
Some of the most important statutes include:
- Section 943.0585, Florida Statutes – Court-Ordered Expunction of Criminal History Records
- Section 943.059, Florida Statutes – Court-Ordered Sealing of Criminal History Records
- Section 943.0584, Florida Statutes – Criminal offenses that are ineligible for court-ordered sealing.
- Section 943.0581, Florida Statutes – Administrative Expunction.
- Section 943.0515, Florida Statutes – Juvenile Expunction.
- Section 943.045, Florida Statutes – Definitions applicable to criminal history records.
- Section 943.053, Florida Statutes – Public access to criminal history information.
Because these statutes contain detailed eligibility requirements and numerous exceptions, eligibility should be evaluated based on the specific facts and disposition of each case.
Why Seal or Expunge a Criminal Record?
Even a single arrest can create obstacles years later.
A public criminal record may affect:
- Employment opportunities
- Professional licensing
- College and graduate school admissions
- Military service
- Housing applications
- Volunteer opportunities
- Financial aid
- Firearm rights in certain circumstances
- Personal reputation
Many clients seek record sealing or expungement after realizing that an old arrest continues to appear during routine background checks.
Who Qualifies for Record Sealing?
Eligibility depends on several factors, including:
- How the case was resolved
- Whether adjudication was withheld
- Your prior criminal history
- Whether you have previously received a sealing or expungement
Generally, a person may qualify for record sealing when:
- Adjudication was withheld on an eligible offense.
- The offense is not one of the crimes excluded by Florida law.
- The individual has not previously received a Florida sealing or expungement.
- The person otherwise meets the statutory eligibility requirements.
Eligibility is determined on a case-by-case basis.
Who Qualifies for Expungement?
Many individuals qualify for expungement when:
- Charges were dismissed.
- The State Attorney filed a No Information.
- A grand jury returned a No Bill.
- The defendant was acquitted at trial.
- Charges were dropped before prosecution.
- The individual obtained a Certificate of Eligibility and otherwise meets Florida’s statutory requirements.
Not every dismissed case automatically qualifies, making legal review important.
Automatic Sealing and Automatic Expungement in Florida
In addition to court-ordered sealing and expungement, Florida law provides several forms of automatic relief in limited circumstances. For example, section 943.0595, Florida Statutes, requires the Florida Department of Law Enforcement (FDLE) to automatically seal certain qualifying adult criminal history records when the clerk of court electronically reports an eligible disposition to FDLE. This automatic process applies only to records maintained by FDLE and does not automatically seal records maintained by local clerks of court, law enforcement agencies, or other governmental entities, which may require additional action.
Florida law also provides for automatic juvenile expunction under section 943.0515, Florida Statutes. In general, criminal history records maintained by FDLE for qualifying juveniles are automatically expunged by operation of law when the individual reaches the applicable statutory age, provided certain disqualifying events—such as later adult forcible felony charges or convictions—have not occurred. The statute also authorizes an Early Juvenile Expunction process for certain eligible individuals between the ages of 18 and 21.
Because automatic sealing and automatic expunction are available only for specific categories of cases and do not apply to every criminal record, many individuals must instead pursue a court-ordered sealing under section 943.059 or a court-ordered expunction under section 943.0585, Florida Statutes. An experienced attorney can determine whether your record qualifies for an automatic process or whether a petition must be filed with the court.
What Crimes Cannot Be Sealed?
Florida law excludes certain offenses from record sealing.
Examples include some offenses involving:
- Sexual battery
- Child abuse
- Child pornography
- Homicide
- Kidnapping
- Human trafficking
- Aircraft piracy
- Terrorism-related offenses
- Certain violent crimes
- Certain offenses requiring sex offender registration
Whether an offense is eligible depends on the applicable statutes and the disposition of the case.
What Is a Certificate of Eligibility?
Before a court can seal or expunge many criminal records, the Florida Department of Law Enforcement (FDLE) generally must issue a Certificate of Eligibility.
The process typically involves:
- Completing the application.
- Obtaining fingerprints.
- Providing certified court records when required.
- Submitting the application and required fee to FDLE.
- Receiving the Certificate of Eligibility.
- Filing a petition with the appropriate court.
Receiving the certificate does not automatically seal or expunge the record. The court must still approve the request.
FDLE Certificate of Eligibility
For most court-ordered sealing and expungement petitions, the first step is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). The Certificate of Eligibility confirms that an applicant is statutorily eligible to petition the court, but it does not automatically seal or expunge the record. A judge must still review the petition and enter an order granting the requested relief.
Applicants generally must submit:
- A completed FDLE application
- Fingerprints taken by an authorized law enforcement or criminal justice agency
- Certified court dispositions (or approved diversion documentation, when applicable)
- A notarized application
- The required FDLE processing fee
- Additional documentation required for certain types of expunctions, such as a certified statement from the prosecuting authority for many expunction applications
Official FDLE Resources
For the most current forms, eligibility requirements, and application instructions, visit the official Florida Department of Law Enforcement resources:
- FDLE Seal and Expunge Home
- FDLE Certificate of Eligibility Instructions
- FDLE Seal and Expunge Frequently Asked Questions
These pages include current application forms, processing information, eligibility guidance, and answers to frequently asked questions.
How Long Does the Process Take?
Every case is different, but record sealing and expungement often take several months.
The timeline depends on:
- FDLE processing times
- Court scheduling
- Completeness of the application
- Whether additional documentation is required
An attorney can help ensure that paperwork is accurate and complete, reducing unnecessary delays.
Can I Seal or Expunge a DUI?
Generally, convictions for DUI are not eligible for sealing or expungement.
However, if DUI charges were dismissed or prosecution did not proceed, eligibility may exist depending on the facts of the case and applicable law.
Because DUI cases present unique issues, legal review is important.
Can Juvenile Records Be Sealed?
Certain juvenile records may qualify for sealing or expungement under Florida law.
The rules governing juvenile records differ from those applicable to adult criminal records.
If your arrest occurred while you were under 18, an attorney can determine what options may be available.
Can Employers Still See My Record?
After a record is sealed or expunged, most private employers conducting routine background checks will no longer have access to the public record.
However, Florida law permits certain government agencies, criminal justice agencies, and licensing boards to access sealed or expunged records under specific circumstances.
Applicants should always answer employment or licensing questions truthfully based on the language of the application.
Can I Legally Deny the Arrest?
Whether you may lawfully deny or fail to disclose an arrest depends on the circumstances and the specific question being asked.
Florida law provides protections for many individuals with sealed or expunged records, but there are important exceptions involving certain employment, licensing, and governmental applications.
Understanding these exceptions is critical before completing any application.
Why Hire an Attorney?
Although the process appears straightforward, many petitions are delayed because of:
- Incomplete paperwork
- Incorrect eligibility determinations
- Missing court documents
- Fingerprint issues
- Procedural mistakes
An experienced attorney can:
- Determine eligibility
- Obtain required records
- Prepare FDLE applications
- File court petitions
- Attend hearings if necessary
- Respond to objections
- Help protect your future
Frequently Asked Questions
How much does record sealing cost?
Costs vary depending on court filing fees, FDLE fees, fingerprinting, and attorney representation.
Can I seal more than one case?
Florida law limits many individuals to one court-ordered sealing or expungement during their lifetime, although there are limited exceptions.
Will Google remove my arrest?
Sealing or expungement affects official criminal records but does not automatically remove news articles or third-party websites.
Does sealing restore firearm rights?
Not necessarily. Firearm rights depend on the nature of the offense, the disposition of the case, and applicable federal and state law.
Can I file without an attorney?
Yes. However, because eligibility rules can be complex and procedural requirements are strict, many people choose to work with an attorney.
Why Choose Landsman Law?
Attorney Matt Landsman is a Board Certified Criminal Trial Lawyer with more than 20 years of criminal law experience. He has represented thousands of clients throughout Gainesville, Alachua County, and North Central Florida and understands how a criminal record can affect employment, education, housing, and professional opportunities.
Whether you are seeking to seal an eligible record or pursue expungement after charges were dismissed, Landsman Law provides experienced guidance through every step of the process.
If you are unsure whether your criminal record qualifies, we can evaluate your case and explain your legal options.
Contact Landsman Law today for a free consultation.
Related Criminal Defense Resources
Continue learning about the Florida criminal justice process:
How Long Does a Criminal Case Take in Florida?
The Florida Criminal Justice Process: A Step-by-Step Guide
What Happens After an Arrest in Alachua County?
What Happens at First Appearance in Alachua County?
What Happens at Arraignment in Florida?
Can Criminal Charges Be Dropped Before My First Court Date?
What Happens If a UF Student Is Arrested?
How Bond Is Set in Florida Criminal Cases
What Is a Nebbia Hold in Florida?
DUI Defense (generally DUI convictions cannot be sealed)
Helping Clients Seal and Expunge Criminal Records Throughout North Central Florida
Although Landsman Law is based in Gainesville, we regularly assist clients seeking Florida record sealing and expungement throughout Alachua County, Bradford County, Levy County, Gilchrist County, Marion County, Putnam County, and the surrounding communities of North Central Florida.
Whether your arrest occurred in Gainesville, Ocala, Palatka, Starke, Bronson, Chiefland, Williston, Trenton, Newberry, Keystone Heights, Interlachen, Hawthorne, High Springs, Archer, Alachua, or another Florida community, a public criminal record can continue to affect employment opportunities, housing applications, professional licensing, education, and background checks long after your case has ended. Florida’s sealing and expungement laws apply statewide, but the petition process requires filing in the court where the case originated and complying with the statutory requirements administered through the Florida Department of Law Enforcement (FDLE).
Attorney Matt Landsman represents individuals throughout the Eighth Judicial Circuit, including Alachua, Bradford, Gilchrist, Levy, and Union Counties, as well as clients in neighboring Marion County and Putnam County. Whether your case involved a misdemeanor, felony, dismissed charge, diversion program, or withheld adjudication, Landsman Law can evaluate your eligibility for record sealing or expungement and guide you through the process from the FDLE Certificate of Eligibility to the final court order.