A Florida criminal record can follow you for years — surfacing in background checks for jobs, housing, and licensing — even when the charge was dropped or you were never convicted. Florida offers two forms of relief: expungement and sealing. They sound similar but work differently and have different eligibility rules. This guide explains the difference, who qualifies, and how the process works.

This is general legal information, not legal advice. Eligibility rules and disqualifying-offense lists change, and your specific record controls. A Florida lawyer can tell you whether your record qualifies.

Sealing vs. expunging: what is the difference?

Sealing (Fla. Stat. § 943.059) makes a criminal record confidential and hidden from public view, though certain government agencies can still access it under court order. Sealing typically applies where you completed the case without a formal conviction — most often after a withhold of adjudication.

Expungement (Fla. Stat. § 943.0585) goes further: the physical record is destroyed by the agencies holding it, and only a confidential copy is retained by the Florida Department of Law Enforcement (FDLE). Expungement generally applies where the charge was dismissed, dropped (a “no information” or nolle prosequi), or ended in acquittal — in other words, where there was no finding of guilt. A record that was first sealed for the required period can sometimes later be expunged.

The certificate of eligibility from FDLE

Both remedies start with a certificate of eligibility from FDLE. You apply with fingerprints, a certified copy of the disposition, a processing fee, and (for sealing or certain expungements) a statement from the State Attorney. FDLE reviews your entire criminal history to confirm you qualify. The certificate is necessary but not sufficient — even with it, the court has discretion whether to grant the petition.

The once-in-a-lifetime rule

Florida generally allows a person to seal or expunge only one time in their life (with limited exceptions, such as related arrests treated as a single incident, or the newer automatic and juvenile pathways). Because the relief is so limited, it is worth using it thoughtfully — sealing or expunging the right record at the right time.

Disqualifying offenses

Even if a charge was dismissed, you cannot seal or expunge it if you were ever adjudicated guilty of any crime (or, as a juvenile, of certain offenses). And a long list of serious offenses is statutorily ineligible regardless of outcome — including, among others, sexual battery, child abuse, many crimes requiring sex-offender registration, aggravated battery, arson, robbery, kidnapping, homicide, aircraft piracy, and acts of domestic violence. The full disqualifying list appears in Fla. Stat. § 943.0584 and is cross-referenced in §§ 943.059 and 943.0585. Because the list is detailed and changes, confirm against the current statute.

The basic process

  1. Confirm eligibility — review your full record and the disqualifying-offense list.
  2. Apply to FDLE for the certificate of eligibility (fingerprints, disposition, fee, State Attorney statement where required).
  3. File a petition in the court where the case was handled, with a sworn statement and the certificate.
  4. Court review — the judge decides whether to grant the sealing or expungement; the State may object.
  5. Order distributed to FDLE and the agencies holding the record to seal or destroy it.

Timelines vary, but the FDLE certificate step alone often takes several months.

What relief does — and does not — do

Once a record is sealed or expunged, Florida law generally lets you lawfully deny the arrest in most situations, including on many job applications. There are important exceptions — for example, applying to certain government or law-enforcement jobs, professional licensing, or where the matter relates to a later criminal case — in which the record can still be considered. Sealing and expungement reach Florida records; they do not control private databases that may have already copied public information, which is one reason to act sooner rather than later.

Automatic and special pathways

Beyond the standard petition route, Florida has added narrower pathways. There is an automatic sealing provision for some cases that ended without a conviction (Fla. Stat. § 943.0595), which seals certain non-judicial records without a separate petition — though it does not always reach court records, and many people still file the traditional petition for full relief. Florida also provides distinct relief for juvenile records, for records arising from human-trafficking victimization (Fla. Stat. § 943.0583), and for cases resolved through certain diversion programs. These specialized routes have their own rules and do not always count against the once-in-a-lifetime limit, so it is worth checking which path fits your situation.

Why timing and sequencing matter

Because the relief is generally a one-time opportunity, the order in which you handle multiple records can matter. Florida treats certain related arrests from a single episode as one event for eligibility purposes, but separate incidents are separate. If you have more than one record, sealing or expunging the wrong one first can use up your single opportunity and leave a more damaging record untouched. There is also no automatic expiration: a dismissed charge from years ago still appears on background checks until you affirmatively clear it. Acting earlier limits how widely private background-check companies copy and circulate the public record before it is sealed or destroyed.

How this fits the bigger picture

Whether you qualify depends heavily on how your case ended and whether it was a misdemeanor or felony. For background, see our guide on misdemeanors vs. felonies in Florida and the hero guide on criminal defense in Florida, which explains withholds of adjudication and how cases resolve.

Frequently asked questions

Can I seal a record if I pleaded guilty?

Possibly, if the judge withheld adjudication rather than convicting you, and the offense is not on the disqualifying list. If you were adjudicated guilty of any crime, you generally cannot seal or expunge under Fla. Stat. §§ 943.059 and 943.0585.

How many times can I do this?

Generally once in your lifetime, with narrow exceptions. Choose the record carefully, since the relief is limited.

How long does it take?

It varies, but obtaining the FDLE certificate of eligibility typically takes several months, and the court petition adds more time.

Will the police still see a sealed record?

Some government and law-enforcement agencies can access a sealed record under court order, and it can resurface in certain licensing and criminal contexts. An expunged record is destroyed, with only a confidential FDLE copy retained.

Find a Florida criminal defense attorney

Because the eligibility rules are technical and the relief is usually a one-time opportunity, it pays to get it right. A Florida attorney who handles record sealing and expungement can review your history, secure the FDLE certificate, and file the petition. Consider speaking with a licensed Florida lawyer.