How to Expunge a Criminal Record in Florida: Step by Step

A criminal record — even one that never resulted in a conviction — can show up on background checks, affect housing applications, and limit job opportunities for years after the fact. Florida law provides two remedies: sealing and expungement. They're not the same thing, and which one applies to your situation depends on what actually happened in court.

This guide walks through the eligibility requirements, the FDLE application, the court petition, and the timeline you should expect. If you want to know whether your record qualifies, our West Palm Beach expungement attorneys can review your history and tell you exactly where you stand.

Expungement vs. Sealing in Florida: The Key Distinction

These terms are often used interchangeably, but they're legally different under Florida Statutes Chapter 943:

• Sealing: The record still exists but is removed from public view. Most private employers and landlords cannot access a sealed record, but certain government agencies and licensing boards can — and must be — disclosed to. A sealed record can later be expunged if you meet the additional requirements.
• Expungement: The record is physically destroyed or obliterated by the custodial agency. FDLE retains a confidential file, but the public record is gone. You can legally deny the arrest or charge in most contexts, with limited statutory exceptions.

Expungement requires that you have not been adjudicated guilty of, and have not been adjudicated delinquent for, a disqualifying offense at any point — ever. Sealing allows one prior sealing but no prior expungements. Both require that no other criminal proceeding is pending. The threshold question is always what the court disposition was, not just what you were charged with.

Step 1: Eligibility and the FDLE Certificate of Eligibility

Before you can petition a court to seal or expunge your record, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). FDLE determines whether your record is eligible as a threshold matter. The court petition comes after.

To be eligible, you generally must meet all of the following:

• You have never previously been adjudicated guilty of a criminal offense or a comparable juvenile offense in Florida or any other jurisdiction.
• You have never had a prior record sealed or expunged in Florida (one prior sealing is permitted for a subsequent expungement, subject to conditions).
• The charge you are seeking to expunge or seal is not among the offenses disqualified by statute — including most violent felonies, sex offenses, domestic violence crimes, and offenses against children.
• No other criminal proceeding is currently pending against you.

The FDLE application requires a certified disposition from the court, a processing fee, and a signed and notarized form. FDLE reviews the application against its records and either issues the Certificate of Eligibility or denies it with a stated reason. This step alone typically takes two to four months from submission to receipt.

Step 2: The Court Petition

Once you have the Certificate of Eligibility in hand, the next step is filing a petition in the circuit court that handled the original case. The petition must be served on the state attorney's office and, in some cases, the arresting law enforcement agency. Both have the right to object.

What the petition needs to include and how strongly it will be opposed depends on the facts:

• The court has discretion to deny a petition even when FDLE has issued a Certificate of Eligibility. A Certificate confirms statutory eligibility; it doesn't guarantee the judge will grant it.
• State attorneys' offices vary considerably in how aggressively they oppose expungement petitions. Some routinely object; others don't. Your attorney's familiarity with the local state attorney's office matters.
• A well-prepared petition documents not just the statutory eligibility but the reasons the court should exercise its discretion in your favor — employment consequences, time since the incident, and any other relevant circumstances.

In most Palm Beach County cases that aren't contested, a hearing is brief. When the state attorney objects, the hearing is more adversarial and the record you build beforehand becomes much more important. See our expungement and record sealing page for more on what we prepare for these petitions.

Step 3: Timeline and What Happens After Approval

From start to finish — FDLE application through signed court order — most eligible applicants should plan for six to twelve months. The breakdown is roughly:

Once the order is fully executed, you may lawfully deny the existence of the expunged record in most contexts — on job applications, rental applications, and similar inquiries — with certain statutory exceptions, including applications to work in law enforcement, education, or other licensed fields.

Common Reasons FDLE Applications and Court Petitions Get Denied

Most denials are avoidable with the right preparation. The most common reasons an application or petition fails:

• A disqualifying offense on the record that the applicant wasn't aware of — including old juvenile adjudications or out-of-state convictions.
• A prior sealing or expungement that was not disclosed on the application.
• An incomplete or incorrectly certified court disposition submitted to FDLE.
• A pending criminal charge at the time of application.
• A court finding adjudication on the charge being petitioned, even if the sentence was probation or a fine — adjudication withheld is eligible; adjudication imposed is not.
• An inadequate petition that doesn't address the state attorney's objections or the court's discretionary concerns.

An attorney who has handled expungement petitions in Palm Beach County can identify these issues before you submit the FDLE application, not after a denial. A denial from FDLE or a court doesn't necessarily end the process, but it complicates it — and some issues can be resolved upstream if caught early.

Frequently Asked Questions

Sources referenced: Florida Statutes Chapter 943 (Criminal Justice Information; FDLE); Florida Statutes § 943.059 (Court-ordered sealing of criminal history records); Florida Statutes § 943.0585 (Court-ordered expunction of criminal history records). This article is for general informational purposes and does not constitute legal advice.