How to Seal or Expunge a Criminal Record in Florida
If an arrest shows up when someone searches your name, Florida law may let you seal or expunge the record — but the process is specific, slow, and easy to get wrong. Here is how it actually works, step by step.
Sealing and expunging are two different things
People use these words interchangeably, but Florida treats them as separate remedies with different outcomes.
The record still exists, but it is closed to public view. Certain government agencies — and a specific list of employers, such as those involving work with children, the elderly, or law enforcement — can still see it. The record is confidential, not gone.
The record is physically destroyed by the agencies that hold it. FDLE keeps one copy that can only be released by court order. Once expunged, even you cannot obtain a copy without a court order authorizing it.
Which one you qualify for depends mostly on what happened to the charge. As a general rule, if the charges were dropped, dismissed, or never filed, expungement is the path. If you received a withhold of adjudication (meaning you were not formally convicted), sealing is usually the path.
The one-in-a-lifetime rule
This is the part people most often do not know, and it matters more than almost anything else on this page.
Under Sections 943.0585 and 943.059 of the Florida Statutes, you are entitled to one court-ordered sealing or expungement in your lifetime. Not one per arrest — one, total. If you have ever previously sealed or expunged a record in Florida or any other jurisdiction, you are disqualified from doing it again under these statutes. Having an earlier order vacated does not reset the clock.
Because of this, if you have more than one arrest you would like cleared, it is worth talking to an attorney about which one to use your single opportunity on before you file anything.
Who cannot get a Certificate of Eligibility
FDLE will not issue a certificate if any of the following are true:
- You have ever been adjudicated guilty of a criminal offense or a comparable ordinance violation as an adult.
- You were adjudicated guilty of any charge stemming from the arrest you are trying to clear.
- You have previously secured a sealing or expungement, in Florida or elsewhere.
- You are currently under court supervision related to the case — including probation or community control.
Separately, certain offenses are excluded by statute from sealing even when the case ended favorably. Charges involving violence, sexual offenses, and trafficking are commonly in this category. An attorney or the Clerk of Court can tell you whether your specific charge is on the excluded list.
The process, in order
Get a copy of your criminal history
You need accurate information — exact arrest date, arresting agency, and the precise charges as they were filed — to complete the application. Guessing here causes rejections.
Apply to FDLE for a Certificate of Eligibility
This is the required first step. You cannot petition a court without it. The application (FDLE form 40-021) is available from the FDLE website, by emailing FDLE’s Seal and Expunge Section, or from the criminal division of your county courthouse. It requires fingerprints, a certified disposition of the case, and a processing fee.
Florida now requires fingerprints to be submitted through an FDLE-approved Live Scan vendor rather than ink cards. Confirm your vendor is approved before you schedule.
If you are seeking expungement, get the State Attorney’s sign-off
Expungement applications require a section of the form to be completed by the State Attorney’s Office in the circuit where the charge originated. This is an extra step that sealing applications do not require.
Wait
FDLE states that processing typically takes about 12 weeks from the date a complete packet is received. Packets are worked in the order received, and FDLE does not expedite. An incomplete packet is rejected rather than held, which restarts your wait — so accuracy at step 2 is worth the extra care.
Petition the court
The Certificate of Eligibility confirms only that you are statutorily eligible to ask. It is not the relief itself. You then file a petition with the court in the county of the arrest, and a judge decides whether to grant the order. Judges retain discretion to deny even an eligible petition.
Special situations with different rules
Florida carves out several categories where the standard eligibility requirements do not apply:
- Lawful self-defense (§ 943.0578). If the prosecutor certifies in writing that charges were not filed or were dismissed because you acted in lawful self-defense under Chapter 776, you may apply directly to FDLE without meeting the standard criteria.
- Human trafficking victims (§ 943.0583). A victim of human trafficking may petition to expunge records arising from offenses committed as part of the trafficking scheme, without meeting the standard § 943.0585 criteria.
- Juvenile diversion (§ 943.0582). Since July 2021, minors who successfully complete an authorized diversion program may apply to expunge the nonjudicial arrest record, with certain felony exclusions.
Northwest Florida county contacts
Applications and certified dispositions come from the county where the arrest occurred. Start with the Clerk of Court for that county:
FDLE’s Seal and Expunge Section can be reached at (850) 410-7870 or by email at SEinfo@fdle.state.fl.us. If you email about application status, FDLE asks that you include a copy of your government-issued photo ID.
What this means for a listing on this site
If your record is sealed or expunged, or if your case was dropped or dismissed, you can ask us to remove the listing. We do not charge for removal, and we never will. Send documentation through our Mugshot Removal Policy page and we will take the page down.
You do not need to wait for a full expungement to contact us. A certified disposition showing the charges were dropped or dismissed is enough.
Sources
Florida Department of Law Enforcement, Seal and Expunge Process; Sections 943.0578, 943.0582, 943.0583, 943.0585, and 943.059, Florida Statutes. Statutes and agency procedures change — verify current requirements with FDLE or the Clerk of Court before filing.
Last reviewed: September 2026