Criminal History Sealing & Expungement

Sealing a criminal history record keeps it from being accessible by the public. Even though your record is no longer publicly available, it may not remove all traces of your arrest from the internet (see WHAT TO CONSIDER BEFORE TAKING ACTION? Below for more on this). Certain government entities may still be able to see your sealed record. The rules for sealing a criminal history record are defined by Florida Statute §943.059.

Expunging a criminal history record means that it can only be accessed by a court order. Not only is it unavailable to the public, but even government entities who are allowed access to sealed records still need a court order to see your expunged record. When checking your background, such entities would only see a notification letting them know that criminal history has been expunged. The rules for expunging a criminal history record are defined by Florida Statute §943.0584.

When your record is sealed or expunged, you are legally allowed to refuse to acknowledge the related arrests, or outright deny them — even under oath. This right does not apply if you are:

• A defendant in a criminal prosecution;
• Petitioning for another expungement or sealing;
• Seeking to become appointed as a guardian;
• A candidate for employment with a criminal justice agency;
• A candidate for employment with the Florida Bar;
• Seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
• Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
• Seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services;
• Attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law (this exception only applies to sealed records); or
• Seeking to be licensed by the Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm (this exception only applies to sealed records).

In any of the situations above, the related criminal justice agency or government entity will be able to access your sealed criminal history record. If your record was expunged, they will receive this notice: “Criminal History Record Expunged Pursuant to Florida Statutes 943.” They will still be unable to access information about that criminal history (arrest details, charges filed, or dispositions) without a court order.

The list of charges that cannot be sealed or expunged is extensive. It is important to look at your final charge when trying to figure out your eligibility. For instance, if you were arrested for armed robbery, but pled down and received withheld adjudication for grand theft, you would treat the charge as a grand theft charge.

The first step in sealing or expunging your records is qualifying for a Certificate of Eligibility. To get your certificate, the criminal history you wish to seal or expunge must not have involved a conviction for certain crimes. (In this case, “conviction” means your guilt was determined as the result of a trial, or as a plea of guilty or nolo contendere, even if adjudication was withheld.)

Crimes that are disqualified from a Certificate of Eligibility include:
(See Florida Statute §943.0584 for this list of crimes with links to their related statutes.)

• Sexual misconduct;
• Illegal use of explosives;
• Terrorism;
• Murder;
• Manslaughter or homicide;
• Assault or battery;
• Aggravated assault;
• Felony battery, domestic battery by strangulation, or aggravated battery;
• Stalking or aggravated stalking;
• Luring or enticing a child;
• Human trafficking;
• Kidnapping or false imprisonment;
• Sexual Battery;
• Procuring a person less than 18 years of age for prostitution;
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;
• Arson;
• Burglary of a dwelling;
• Voyeurism or video voyeurism;
• Robbery or robbery by sudden snatching;
• Carjacking;
• Home-invasion robbery;
• A violation of the Florida Communications Fraud Act;
• Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult;
• Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person;
• Child abuse or aggravated child abuse;
• Sexual performance by a child;
• Offenses by public officers or employees;
• Certain acts in connection with obscenity;
• Any offense defined in s. 847.0135 [Computer pornography; prohibited computer usage; traveling to meet minor];
• Selling or buying of minors;
• Aircraft piracy;
• Manufacturing a controlled substance;
• Drug trafficking; or
• Any violation specified as a predicate offense for registration as a sexual predator or sexual offender, without regard to whether that offense alone is sufficient to require such registration.

If you meet the requirement for a Certificate of Eligibility you will still need to petition the court to seal or expunge your record. In addition to the crimes prohibited from being sealed or expunged above, you must never have been adjudicated guilty of a crime as an adult.

You must also not have been adjudicated delinquent as a minor for committing a felony or any of the following misdemeanor offenses — unless the record of those charges has been expunged through the Juvenile Criminal History Expungement process:

(See Florida Statute §943.059 on sealing or §943.0584 on expungement for this list of crimes with links to their related statutes.)

• Assault;
• Battery;
• Assault on a law enforcement officer, a firefighter, or other specified officers;
• Carrying a concealed weapon;
• Open carrying of a weapon;
• Unlawful possession or discharge of a weapon or firearm at a school-sponsored event or on school property;
• Unlawful use of destructive devices or bombs;
• Unlawful possession of a firearm by a minor;
• Exposure of sexual organs;
• Arson;
• Petit theft;
• Neglect of a child; or
• Cruelty to animals.

You must not have been adjudicated guilty of or delinquent for any criminal offense that stems from the same arrest you are attempting to seal or expunge.

You must not currently be under any form of court supervision to qualify for sealing or expungement.

Florida law only allows for one arrest record to be sealed or expunged per court proceeding, unless the court decides that multiple arrests were related and orders them to be sealed or expunged.

Floridians are only entitled to a maximum of one court-ordered criminal history sealing or expungement in their lifetime. Because of this, applicants must swear that they have not had previous criminal histories sealed or expunged and are not currently seeking the sealing or expungement for other arrest records. This rule only applies to court-ordered sealing and expungement — it is not affected by administrative expungement, automatic expungement, juvenile diversion expungement, early juvenile expungement, lawful self-defense expungement, or human trafficking expungement.

Floridians are only entitled to a maximum of one court-ordered criminal history sealing or expungement in their lifetime.

Because of this, applicants must swear that they have not had previous criminal histories sealed or expunged and are not currently seeking the sealing or expungement for other arrest records. This rule only applies to court-ordered sealing and expungement — it is not affected by administrative expungement, automatic expungement, juvenile diversion expungement, early juvenile expungement, lawful self-defense expungement, or human trafficking expungement.

In addition to satisfying the general eligibility requirements listed above, to seal a record one of the following situations must have occurred:

• You were found not guilty by a jury or judge;
• Your charges were dismissed by a judge during or after trial; or
• You pled guilty or no contest, but received a withheld adjudication.

In addition to satisfying the general eligibility requirements listed above, to expunge a record one of the following must have occurred:

• There was no indictment, information or other charging document filed or issued in the case;
• Your charges were dismissed or dropped by the prosecutor (this includes pre-trial diversion programs); or
• Your charges were dismissed by the judge before the trial.

Your record may also be eligible for expungement if you don’t meet those qualifications but it has been sealed by court order for 10 years or more.

There are also exceptions based on special circumstances, such as those made for victims of human trafficking.

Make and store copies of all documents related to your criminal history. This includes documents about arrests, charges, or convictions and documents you submit or receive through the expungement process.

You may request a personal review of your criminal history from the Florida Department of Law Enforcement here: https://www.fdle.state.fl.us/Criminal-History-Records/Personal-Review.aspx

If you are unsure about whether you qualify for a sealing or expungement, you can ask for a Certificate of Eligibility.

The Certificate will certify that your record is eligible for sealing or expungement.
It does not mean that your criminal history record will be ordered sealed or expunged by the court.

You will still need to file 1.) a Petition to Seal or Expunge with the 2.) Certificate of Eligibility and the 3.) required affidavit.

Fill out the application for a Certificate of Eligibility:

• You can download it from the Florida Department of Law Enforcement’s website at https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se.
• You can request a blank form by emailing the FDLE at [email protected].

Make sure to get a copy of the Written Certified Statement page of your application signed by the appropriate state attorney or statewide prosecutor (for expungement applicants only).

You must also include a certified disposition (sentence and judgement) for each criminal charge that you are applying to have expunged:

• You can get a certified disposition from the clerk of court in the county where the charge originated.
•  If you were placed on probation for any charges, include documents to prove that your probation has ended.
• If you finished pre-trial intervention or other diversion programs for any charges, documents proving that you completed the program (such as a pretrial completion certificate or a letter of successful completion) can be substituted for the certified disposition.

Complete the fingerprint card included with your application:

• You must be fingerprinted by an authorized member of law enforcement or other criminal justice agency.
• The form must include your name, date of birth, signature, and date.
• The form must include the signature of the official taking your fingerprints and the agency’s ORI/stamp.

You must also pay a nonrefundable $75 processing fee by including a check or money order made payable to the Florida Department of Law Enforcement with your application.

Include a letter of representation on the attorney letterhead (with mailing address) if you are being represented by an attorney and want them to receive correspondence from FDLE.

Mail your completed application and all other necessary documents to:

The Florida Department of Law Enforcement

Attn: Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

It may take FDLE over 90 days to process and respond to your application.

You may ask the court to reconsider your request for a Certificate of Eligibility if you believe your denial was made in error because of incorrect information in your criminal history record or if you believe the information was correct but the law was not properly applied.

If you want to appeal a denial of your Certificate of Eligibility application, contact CLS for legal advice.

Your Certificate of Eligibility is necessary to petition for court-ordered sealing or expungement. It is only valid for 12 months, so you must file your petition to seal or expunge within 1 year of receiving your Certificate of Eligibility or you will need to apply for another one.

You must file your petition to seal or expunge with the Clerk of Courts which has jurisdiction over your arrest. Lying on a petition is a 3rd degree felony.

To apply for sealing or expungement, you will need:

• A valid Certificate of Eligibility;
• A petition to seal or expunge, which you may download or print out at https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se;
• A sworn statement affirming that a) you have satisfied all of the eligibility requirements for sealing or expunging and b) you are eligible for sealing to the best your knowledge and do not have any other petition to seal or expunge a criminal history record pending before any court; and
• Any additional documents or filing fees required by the Clerk of Court.

The applicable Clerk of Courts will have more information about how long the decision-making process generally takes for sealing or expungement petitions. While the court will only seal or expunge one arrest per court order, they do have the authority to seal or expunge multiple arrests in circumstances where the arrests are directly related.

If you were arrested by mistake or your arrest was done contrary to law, you can apply to the Florida Department of Law Enforcement for an administrative expungement of the arrest. FDLE will not consider an application on your word alone — you must have the endorsement of the arresting agency or state attorney of the judicial circuit where the arrest took place.

The arresting agency may file on your behalf or you may file on your own, but your application must include the following:

• The date and time of the arrest;
• The name of the person arrested;
• The offender-based tracking system (OBTS) number; and
• The crime or crimes charged.

The application must be on the arresting agency’s letterhead and must be signed by the head of the arresting agency or their designee.

If you were arrested for a crime but were later determined to be acting in lawful self defense, you may apply to the Florida Department of Law Enforcement to have that arrest expunged.

This request requires that no information, indictment or other charging document was filed, or if it was filed, was dismissed by the prosecuting attorney or by the court, based on a finding that you acted in lawful self-defense with justifiable use of force.

Your application must be submitted with a valid Certificate of Eligibility and a sworn statement affirming that a) you have satisfied all of the eligibility requirements for sealing or expunging and b) you are eligible for sealing to the best your knowledge and do not have any other petition to seal or expunge a criminal history record pending before any court.

Fill out the application for early lawful self-defense expungement — Section A must be signed by the applicant in front of a Notary Public or Deputy Clerk of Court. There are 2 ways to get the application:

• You can download it from the Florida Department of Law Enforcement’s website at https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se.
• You can request a blank form by emailing the FDLE at [email protected].

Make sure to get a copy of the Written Certified Statement page of your application signed by the appropriate state attorney or statewide prosecutor.

You must also include a certified disposition (sentence and judgement) for each criminal charge that you are applying to have expunged:

• You can get a certified disposition from the clerk of court in the county where the charge originated.
•  If you were placed on probation for any charges, include documents to prove that your probation has ended.
• If you finished pre-trial intervention or other diversion programs for any charges, documents proving that you completed the program (such as a pretrial completion certificate or a letter of successful completion) can be substituted for the certified disposition.

Complete the fingerprint card included with your application:

• You must be fingerprinted by an authorized member of law enforcement or other criminal justice agency.
• The form must include your name, date of birth, signature, and date.
• The form must include the signature of the official taking your fingerprints and the agency’s ORI/stamp.

You must also pay a nonrefundable $75 processing fee by including a check or money order made payable to the Florida Department of Law Enforcement with your application.

Include a letter of representation on the attorney letterhead (with mailing address) if you are being represented by an attorney and want them to receive correspondence from FDLE.

Mail your completed application and all other necessary documents to:

The Florida Department of Law Enforcement

Attn: Expunge Section

Post Office Box 1489

Tallahassee, Florida 32302-1489

Under Florida law, any victim of human trafficking has the right to petition for the expunction of criminal history for any convictions, arrests, or charges which occurred while they were a victim of human trafficking or as part of a human trafficking scheme.

Victims do not need to apply for a Certificate of Eligibility to petition for this expungement. Contact the Clerk of Court, the State Attorney or Statewide Prosecutor in the county of jurisdiction to start the process.

If you are, or have been, the victim of human trafficking and are seeking to expunge your criminal history,  contact CLS for legal advice.

Once the relevant court approves the sealing of your criminal history, they will send all of the law enforcement agencies involved in your expunged cases a court order to seal your arrest record. This means that all relevant agencies will treat your record as sealed and it will no longer be available to the public.

You are legally allowed to refuse to acknowledge the related arrests or outright deny them — even under oath —after your criminal history has been sealed. This right does not apply if you are:

• A defendant in a criminal prosecution;
• Petitioning for another expungement or sealing;
• Seeking to become appointed as a guardian;
• A candidate for employment with a criminal justice agency;
• A candidate for employment with the Florida Bar;
• Seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
• Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities;
• Seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services;
• Attempting to purchase a firearm from a licensed importer, licensed manufacturer, or licensed dealer and is subject to a criminal history check under state or federal law; or
• Seeking to be licensed by the Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm.

Once the relevant court approves your criminal history expungement, it will send all of the law enforcement agencies involved in your expunged cases a court order to expungement your arrest record. This means that any law enforcement agency other than FDLE must physically destroy their copy of your record. FDLE will be the only agency with your criminal history, which can only be accessed with a court order.

Your criminal history will generally be unavailable to anyone without a court order, including you. If any person or agency, law enforcement or otherwise, tries to access your criminal history without a court order, they will only see “Criminal History Record Expunged Pursuant to Florida Statutes 943.”

You are legally allowed to refuse to acknowledge the related arrests or outright deny them — even under oath —after your criminal history has been expunged. This right does not apply if you are:

• A defendant in a criminal prosecution;
• Petitioning for another expungement or sealing;
• Seeking to become appointed as a guardian;
• A candidate for employment with a criminal justice agency;
• A candidate for employment with the Florida Bar;
• Seeking to be employed or licensed by or to contract with the Department of Children and Family Services, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, or the Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
• Seeking to be employed or licensed by the Department of Education, any district school board, any university laboratory school, any charter school, any private or parochial school, or any local governmental entity that licenses child care facilities; or
• Seeking to be licensed by the Division of Insurance Agent and Agency Services within the Department of Financial Services.

The organizations listed above will only see your demographic information and a notice that you have criminal history which has been expunged. They will still be unable to access information about that criminal history (arrest details, charges filed, or dispositions) without a court order.

A sealing or expungement may not erase your criminal history from the internet.

There are a large number of websites which have no connection to the criminal justice system that might post your mugshot or other information about your arrest online. Since these are private companies, the Florida Department of Law Enforcement does not have the authority to make them remove that content.

You may see advertisements or be contacted by companies that promise to erase your criminal history from the internet for a fee. Be careful when considering such services, as some of them are connected to the same websites that posted your information in the first place, and you could end up paying large amounts to only have your criminal details removed from a fraction of the websites they appear on.

Sealing or expungement will not affect previously written online content, such as newspaper articles or social media posts.