1. SEALING & EXPUNGING

2. What is Sealing and Expunging?
Under Florida law, you may seal or expunge a single criminal history and/or arrest record if you qualify.
Criminal history and arrest records are public records.
Even if a person was not formally charged with a crime, the records are still public unless sealed or expunged.

3. SEALING
SEALING places a criminal and/or arrest record under highly restricted access that cannot be accessed without a court order.

4. EXPUNGING
EXPUNGING removes and destroys the criminal and/or arrest record from the public record entirely.

5. What is contained in a criminal history record?
Arrest records reported to the Florida Department of Law Enforcement (FDLE).
Case files held by the Clerk of Court for the county in which the arrest was made.
Records maintained by the arresting agency or agencies.
Records maintained by the State Attorney or Statewide Prosecutor.

6. Why should I seal or expunge my criminal history record?
Criminal history and arrest records are public records.
A criminal record can follow a person for a lifetime, affecting the ability to get a job, continue education, apply for professional licenses, or even sign a lease.
Sealing/Expunging allows the individual, subject to certain exceptions, to legally deny or fail to acknowledge the arrests.

7. What are the Exceptions?
You CANNOT deny or fail to acknowledge the arrests in the following situations:
Employment with a criminal justice agency;
Defendant in a criminal case;
Application for change in immigration status;
Employment or access to a seaport;
Admission to the Florida Bar;
Petition to seal/expunge;
When seeking employment/licensing with:
DCF, DJJ, DOE, district school boards, university lab schools, charter/private/parochial schools, entities that license child care facilities, and positions having direct contact with children, developmentally disabled, the aged/elderly.

8. IMPORTANT NOTE
Sealing or Expunging has no effect on private company or federal databases.
Employers may still have access to the records through private databases.
Florida judges have online access to sealed records.

9. Generally speaking, who qualifies for Sealing or Expunging?
A person who has never been convicted of a criminal offense.
A person who has never previously sealed or expunged.

10. DO I QUALIFY? EXPUNGED if: The arrest did not result in a conviction;
Charges were dismissed;
No charges were filed;
Charges were dropped after an information was filed, or
After sealed for 10 years.

11. DO I QUALIFY? SEALED if: The judge granted a withhold of adjudication.
Meaning: the Court did not convict you of the crime.

12. DISQUALIFIED IF:
Adjudicated guilty (convicted) as an adult of a criminal offense, including:
Criminal traffic (e.g. DUI, DWLS);
Criminal ordinance violation;
Misdemeanor; or
Felony.

13. DISQUALIFIED IF
Statutory based on the offense charged.

15. DISQUALIFIED IF:
Status and results of current and prior criminal cases including:
Unsatisfied probation;
Unsatisfied pre-trial diversion;
Community control; or
Court-ordered financial obligations or restitution.

16. DISQUALIFIED IF:
Prior Sealing or Expunction

17. HOW DO I FILE?
Obtain a Florida Department of Law Enforcement (FDLE) application packet.
Download packet from:

18. FDLE APPLICATION PROCESS
Obtain a CERTIFIED copy of the case disposition from the Clerk of Court in the county in which the arrest was made or charges were filed.
Note: disposition = the court’s final decision or order from the judge including any sentencing.

19. FDLE APPLICATION PROCESS
Complete the FDLE application according to the instructions, including:
Section A – ALL applicants – NOTARIZED
Section B – Expungement only – completed and signed by the State Attorney’s office.
Check/Money Order $75.00 (nonrefundable)
Fingerprint card
Fingerprints Seminole County Sheriff’s Office
Thursdays from 9 am – 4 pm
No appointment needed
Cost is $5.35 – cash only

20. FDLE APPLICATION PROCESS
Obtain Certificate of Eligibility
Response typically takes 3-6 months.
Once issued, Certificate of Eligibility is only valid for 12 months.
Note: Certificate of Eligibility does not grant relief – must petition the court.

21. PETITION THE COURT
Draft an Affidavit, Petition to Seal or Expunge, and Order to Seal or Expunge.
Forms are available on The Florida Bar website
Rules of Criminal Procedure
Read: Rule Petition to Seal or Expunge
Forms: Rule Affidavit, Petition, and Order to Expunge or Seal

22. PETITION THE COURT
File the Affidavit, Petition to Seal or Expunge, Certificate of Eligibility, and Order to Seal or Expunge with the Clerk of Court; AND
Pay the associated court filing fees; AND
Serve (by mail or hand delivery or E-file) a copy of the Affidavit, Petition to Seal or Expunge, and Certificate of Eligibility on:
The State Attorney’s Office (or Statewide Prosecutor),
The Arresting Agency (or agencies), and
The Florida Department of Law Enforcement.

23. PETITION THE COURT
Ask the Clerk for the case number and which Judge the case is assigned.
Contact the Judge’s Judicial Assistant to find out if a formal hearing is necessary.
If a hearing is required, attend the hearing.
If the Judge grants the petition and signs the order:
The Clerk of Court will forward the order to all law enforcement agencies who have a record of the case.
The agencies will seal or destroy the records.