A criminal record can follow you long after an arrest, affecting employment, housing, education, and even personal relationships. Even if charges were dropped or you were never convicted, the record may still appear in background checks.

Florida law offers two main paths to relief—record sealing and expungement—giving individuals the opportunity for a fresh start.

At ADL Law, P.A., we know how important it is to move forward without unnecessary barriers. Our team helps clients across Florida pursue sealing or expungement and regain control of their future. Call us today at (772) 277-7764 to learn how we can help clear your record.

Why Clearing Your Record Matters

Background checks have become a routine part of daily life. Employers, landlords, schools, and even volunteer organizations often screen applicants. Unfortunately, a criminal record—no matter how minor—can create barriers.

When your record is sealed or expunged:

  • You may legally deny or fail to acknowledge the arrest or charge in most everyday situations.
  • Your record becomes hidden from the public, allowing you a fairer chance at jobs, housing, and financial opportunities.
  • You gain greater privacy and peace of mind, knowing your past does not define your future.

That said, there are still specific situations where disclosure may be required, such as when applying for government positions, law enforcement jobs, or professional licenses.

Sealing vs. Expungement: What’s the Difference?

Florida law offers two primary ways to clear your criminal record: sealing and expungement. Although they serve similar purposes, there are important distinctions.

Sealing a Record

When a record is sealed, it is no longer accessible to the public. Background check companies, landlords, and most employers will not see it. However, the record still exists and remains accessible to certain government and licensing agencies.

Expungement of a Record

Expungement goes further. Once granted, the record is physically destroyed, leaving only a confidential copy maintained by the Florida Department of Law Enforcement (FDLE). For most purposes, it is as if the record never existed.

In short:

  • Sealed record = hidden but not destroyed.
  • Expunged record = destroyed, with very limited access.

Who Is Eligible for Record Sealing or Expungement in Florida?

Not everyone qualifies. Eligibility is set out under Florida Statutes §§ 943.0585 and 943.059.

To be eligible, you must generally meet the following criteria:

  • You were not convicted (adjudicated guilty) of the offense.
  • You have never had a record sealed or expunged before in Florida.
  • You are not currently under court supervision, such as probation or house arrest.
  • Your offense is not one of the excluded crimes, such as sexual misconduct, violent crimes, or certain fraud-related offenses.

Even if your charges were dropped or dismissed, you must still apply to have your record sealed or expunged. Otherwise, the arrest may remain visible on background checks.

Other Types of Expungement in Florida

Florida law recognizes several types of expungement beyond the standard process:

  • Administrative Expungement: For arrests made unlawfully or by mistake.
  • Juvenile Diversion Expungement: Available for minors who complete a diversion program.
  • Self-Defense Expungement: For cases where the offense resulted from a lawful act of self-defense.
  • Human Trafficking Victim Expungement: Designed to protect victims forced into criminal conduct.
  • Automatic Juvenile Expungement: In most cases, juvenile records are expunged automatically when the person turns 21 (or 26 if committed to a juvenile facility).

These special pathways highlight Florida’s recognition that wrongful arrests or exceptional circumstances should not follow someone for life.

Step-by-Step Process to Clear Your Record

Clearing a criminal record involves several detailed steps. Here’s how the process works:

1. Confirm Your Eligibility

The first step is to review your criminal history. You can request a personal review from FDLE to ensure your record is accurate. From there, eligibility is determined based on Florida law.

2. Apply for a Certificate of Eligibility

Before you can file in court, you must obtain a Certificate of Eligibility from FDLE. The application requires:

  • A completed FDLE form.
  • A set of fingerprints.
  • A certified copy of your case disposition.
  • The required processing fee.

Processing typically takes about 12 weeks, with no option for expedited review.

3. File a Petition with the Court

Once you receive the certificate, you can file a petition in the court where your case originated. This petition must include:

  • The Certificate of Eligibility.
  • A sworn affidavit confirming your eligibility.
  • A proposed order for the judge.

4. Court Hearing

Some petitions are granted without a hearing, but in many cases, a judge will schedule one. At this stage, a prosecutor may object, and the judge has discretion to review the circumstances before making a decision.

5. Court Ruling

Even with FDLE approval, sealing or expungement is not guaranteed. Judges retain the authority to deny petitions based on the facts presented.

6. Final Implementation

If approved, the order is sent to FDLE and other relevant agencies. At that point, your record is either sealed or destroyed according to the court’s ruling.

How Long Does the Process Take?

From start to finish, the process can take several months. FDLE alone requires around three months to issue a Certificate of Eligibility. Once the petition is filed, the timeline depends on the court’s schedule and whether a hearing is necessary. In most cases, the process takes between six months to a year.

Benefits and Limitations

Benefits

  • Removes public access to your record.
  • Helps with job applications, housing opportunities, and financial aid.
  • Restores personal privacy and peace of mind.

Limitations

  • Some serious offenses are never eligible.
  • Certain government and licensing agencies may still have access.
  • The process is time-consuming and requires strict compliance with procedures.

Why Work with a Criminal Defense Attorney?

While it is possible to attempt sealing or expungement on your own, the process is often complex. Any errors in paperwork or missed deadlines can result in delays—or even outright denial.

A skilled criminal defense attorney can:

  • Determine whether you are eligible.
  • Guide you through the FDLE application process.
  • Prepare and file the court petition.
  • Represent you at hearings and address objections from prosecutors.

At ADL Law, P.A., we handle these details on behalf of our clients, helping them maximize their chances of success.

Take the First Step Toward a Clean Slate

Clearing your criminal record in Florida can make a profound difference in your future. Whether through sealing or expungement, many people find relief knowing that their past no longer limits their opportunities.

At ADL Law, P.A., we take pride in guiding our clients through this important process. If you are considering clearing your record, let us help you take the right steps. You can reach us by visiting our contact page or by calling (772) 277-7764 today.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.