Expunging Your Criminal Record in Florida: A Step-by-Step Guide

A criminal record can follow you for years, impacting job opportunities, housing, education, and even personal relationships. In Florida, however, you may be eligible to have your record expunged, a process that can give you a fresh start by removing many of the barriers caused by past arrests. If not eligible for expungement, you may still be able to have your records sealed, a process where the record is not eliminated but is hidden from public view.

An experienced criminal defense attorney can help you determine if you are eligible to have your records sealed or expunged, and will make things easier by handling the process for you.  The following is a guide to the process and the steps to take in order to expunge your criminal record in Florida.

What Does Expungement Mean?

Expungement is a legal process that physically removes your criminal record from public access. In most cases, government agencies will destroy their copies of your record, and it will not appear in background checks conducted by the public. While certain law enforcement agencies can still access it under limited circumstances, expungement gives you the legal right to deny the record’s existence in most situations, with limited exceptions for certain government roles. While most records are destroyed, the Florida Department of Law Enforcement (FDLE) retains a confidential copy for limited official use.

Section 943.045(16), Florida Statutes, defines expungement as “the court-ordered physical destruction or obliteration of a record or portion of a record by any criminal justice agency having custody thereof.” § 943.045(16), Fla. Stat. (2022). The term ‘physically destroyed’ means the complete removal of records from the databases that would typically contain such information. Florida law distinguishes between:

• Expungement – The record is destroyed, and only the Florida Department of Law Enforcement (FDLE) keeps a confidential copy.
• Sealing – The record still exists but is hidden from public view.

What Offenses Are Eligible for Expungement in Florida?

Not every criminal record can be expunged. Florida law sets strict eligibility requirements. You may be eligible if:

• You have never been convicted (adjudicated guilty) of a crime.
• The charges were dropped, dismissed, or you were acquitted.
• You have not had any other criminal record sealed or expunged in Florida.
• You are not currently under court supervision (probation, community control, etc.).

Many nonviolent misdemeanors, such as petty theft, disorderly conduct, and trespassing are eligible for expungement. Certain third-degree felonies, especially first-time drug possession are also eligible if the case didn’t result in conviction and program requirements were completed. However, there are offenses that are generally not eligible for expungement even if you received a withhold of adjudication. These include, but are not limited to:

• Murder or manslaughter
• Sexual battery or other sex crimes
• Robbery or carjacking
• Aggravated assault or battery
• Child abuse or kidnapping

Expungement is usually not available if you’ve ever previously had a record sealed or expunged in Florida or elsewhere.

Steps to Get Your Criminal Record Expunged in Florida

The process of getting records expunged can be time-consuming and requires strict compliance with Florida statutes. The first thing you should do is check to see if you may be eligible. To do so you should gather your case details and confirm you meet all requirements regarding qualified offenses and no prior adjudication or previous expungements. The expungement process is enumerated in section 943.0585, Florida Statutes. Review the statute or consult with a criminal defense attorney to ensure your case qualifies for expungement.

If eligible you should take the following steps:

1. Apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). You will need to:
   • Complete the FDLE application form. Download and fill out the Application for Certificate of Eligibility from the FDLE website.
   • Obtain a fingerprint card from a law enforcement agency.
   • Expungement applications (not sealing) require an extra step: Submit your paperwork to the State Attorney’s Office for verification and Section B completion before sending to FDLE. Get a certified statement from the State Attorney’s Office confirming that your case was dismissed or dropped.
   • Mail your notarized application, fingerprints, certified case disposition, required Section B (expungement only), and $75 application fee to the FDLE.
2. File a Petition for Expungement with the Court
   If FDLE approves, you’ll receive a Certificate of Eligibility. Once you receive your Certificate of Eligibility (valid for 12 months), you must file a formal petition to expunge with the court that handled your case, including the certificate, an affidavit, and a proposed order. Serve copies of the petition on the State Attorney and the law enforcement agency involved in your arrest. Include:
   • The petition for expungement.
   • An affidavit confirming your eligibility.
   • A proposed order for the judge to sign.
3. Attend a Hearing (If Required)
   Some judges grant expungements without a hearing, while others may require you to appear. Be prepared to explain why you deserve the expungement.
4. Wait for the Order
   If the judge approves your request, the court will issue an order for expungement to relevant agencies, including the arresting agency, the clerk of court, and the FDLE, to destroy or seal your records.

 

How Can an Attorney Help?

Expungement in Florida is not automatic, and a small mistake in paperwork can delay or even prevent your record from being cleared. It can help to have a skilled criminal defense attorney working with you to handle the process. Your attorney can:

• Evaluate your eligibility and improve your chances of success by catching potential problems early. Attorneys can ensure compliance with all steps and strict requirements, preventing costly errors and delays.
• Handle all paperwork and deadlines. Attorneys will assemble documentation, complete forms, and manage communications with agencies prosecutors and law enforcement.
• Represent you in court if a hearing is required, advocating for your case before the judge.
• Ensure all agencies properly remove your record.
• Advise on next steps if your application is denied or if your record is best suited for sealing instead.

Having professional legal guidance can take the burdens off you, make the process smoother, and increase your chances of success.

Get Help from a Florida Criminal Defense Attorney

If you qualify for expungement, it’s one of the most effective ways to move forward without the weight of a past arrest holding you back. The process may seem complex, but with the right legal help, expungement can be the key to taking meaningful steps toward a clean slate in Florida.

At Taracks & Associates, founding criminal defense attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. Whether your charges are misdemeanors or felonies, our firm provides the support and guidance you need, and we will help you avoid making mistakes, answer your questions, and keep you informed all through the process. Our goal is to analyze your situation, determine the best way defend you against criminal charges, and aggressively fight for your rights and your freedom.