Record Sealing and Expungement in Florida

Clearing Your Criminal Record in Tallahassee and Throughout Florida

A criminal record can follow you long after your case is resolved—affecting your ability to find employment, secure housing, obtain professional licenses, and move forward with your life. If you were arrested but not convicted, had charges dropped or dismissed, or successfully completed a diversion program, you may be eligible to have your record sealed or expunged under Florida law.

If you are looking for a record sealing and expungement attorney in Tallahassee or North Florida, The Law Offices of Anabelle Dias, P.A. handles the entire process—from eligibility analysis through the FDLE application, petition filing, and post-order processing to ensure your record is actually removed from public view.

Sealing vs. Expungement: What’s the Difference?

Florida law provides two distinct forms of record relief, and the difference matters:

Record Sealing (§ 943.059)

When a record is sealed, it is removed from public view. The general public, most employers, and landlords will not be able to see it through a standard background check. However, a sealed record is not destroyed—it still exists and may be accessed by certain government agencies, law enforcement, the Florida Bar, and other entities specified by statute. If you are asked on a job application whether you have been arrested or charged with a crime, you may generally deny it if the record has been sealed, except in certain limited circumstances (such as applications for law enforcement positions, positions involving children, or professional licensing).

Record Expungement (§ 943.0585)

Expungement goes a step further. When a record is expunged, the physical records are either destroyed or returned to the court, and the criminal justice agencies that hold the record are directed to respond to inquiries as if the record does not exist. Expungement provides a higher level of relief than sealing, and in most situations, you may lawfully deny that the arrest or charge ever occurred.

In general, expungement is available when charges were dropped, dismissed, resulted in an acquittal, or were never formally filed. Sealing is typically the appropriate remedy when the case was resolved through a withhold of adjudication or a diversion program.

Who Is Eligible?

Eligibility for sealing or expungement depends on several factors, including the outcome of your case, the nature of the charge, and your criminal history. The general requirements include:

• No prior sealing or expungement: Under current Florida law, you may generally only seal or expunge one arrest record in your lifetime. There are limited exceptions for certain arrests that occurred within the same criminal episode or for cases resolved through a lawful pretrial diversion program under § 943.0585(5).
• No adjudication of guilt: If you were found guilty (adjudicated) of the offense, you are generally not eligible for sealing. Sealing typically requires that adjudication was withheld. Expungement may be available when charges were dropped, dismissed, or resulted in a not-guilty verdict.
• Not a disqualifying offense: Certain offenses cannot be sealed or expunged regardless of the case outcome. These include, but are not limited to, sexual battery, kidnapping, arson, aggravated assault, aggravated battery, certain drug trafficking offenses, and other serious felonies listed in § 943.0584.
• No pending criminal cases: You generally cannot have any pending criminal charges at the time of your application.
• Probation or court supervision completed: All terms of supervision, including probation, must be completed before you may apply.

How the Sealing and Expungement Process Works

Step 1: Eligibility Analysis

We review your complete criminal history, the disposition of your case, and the specific charges involved to determine whether you qualify for sealing, expungement, or both. This includes pulling your Florida criminal history from FDLE and reviewing the court records.

Step 2: FDLE Certificate of Eligibility Application

Before you can petition the court to seal or expunge a record, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. This requires submitting a completed application along with a certified disposition of the case, a set of fingerprints, and the current application fee (typically $75 for sealing or expungement). FDLE reviews the application to confirm that you meet the statutory requirements.

Step 3: Filing the Petition

Once the Certificate of Eligibility is issued, we prepare and file a Petition to Seal or Petition to Expunge with the court. The petition is served on the State Attorney’s Office, which has the opportunity to object.

Step 4: State Attorney Review and Hearing

The State Attorney may consent, take no position, or object to the petition. If there is no objection, the court may grant the petition without a hearing. If the State objects, the court will schedule a hearing, and we will present your case and address any concerns.

Step 5: Court Order and Post-Order Processing

If the court grants the petition, an order is entered directing the sealing or expungement of your record. This order is distributed to all criminal justice agencies that hold the record, including FDLE, the Clerk of Court, the arresting agency, the State Attorney’s Office, and any other agencies involved in the case. We follow up to confirm that all agencies have processed the order and that your record has been removed from public databases.

Mugshot Removal and Online Record Cleanup

Even after a record is sealed or expunged, mugshots and arrest information may still appear on third-party websites, Google search results, and commercial background check databases. Florida Statute § 901.43 provides a mechanism for requiring certain websites to remove your mugshot and arrest information after your record has been sealed or expunged. We assist clients with the post-order cleanup process, including sending takedown notices and ensuring that your sealed or expunged record does not continue to appear in online searches.

Common Questions About Sealing and Expungement

Will my record still show up on background checks?

After a record is sealed, it should not appear on most standard commercial background checks. After expungement, the record should not appear at all. However, some background check companies may retain outdated information, and a sealed or expunged record may still be accessible to certain government agencies and licensing boards as specified by statute.

Can I seal or expunge a felony?

Yes, in many cases. If adjudication was withheld on a felony charge and the offense is not on the list of disqualifying offenses, you may be eligible to seal the record. If the felony charge was dismissed or resulted in a not-guilty verdict, you may be eligible for expungement.

How long does the process take?

The timeline varies depending on FDLE processing times and the court’s calendar. The FDLE Certificate of Eligibility typically takes several weeks to several months to process. Once the certificate is issued and the petition is filed, the court may rule within a few weeks to a few months depending on whether a hearing is required.

Can I seal or expunge a juvenile record?

Yes. Juvenile records may be expunged under Chapter 943 or under the automatic expunction provisions for minors who successfully complete a diversion program. The rules and procedures for juvenile records differ somewhat from adult records, and we can advise you on the best approach for your situation.

What to Do Next

If you have a criminal record in Florida that you believe may be eligible for sealing or expungement, the first step is a thorough eligibility review. Many people qualify and do not realize it—and others assume they are disqualified when they may not be.

Contact The Law Offices of Anabelle Dias, P.A. for a confidential consultation. We will review your criminal history, determine your eligibility, and handle every step of the process—from the FDLE application through the court petition and post-order cleanup.

Disclaimer: The information on this page is provided for general informational purposes only and is not legal advice. You should not act or refrain from acting based on anything you read here without first consulting with a licensed attorney about your specific facts and circumstances. Viewing this website, using the contact forms, sending a text message, calling our office, or communicating with The Law Offices of Anabelle Dias, P.A. through this site does not create an attorney–client relationship. An attorney–client relationship is only formed after you speak directly with an attorney at our office and we both sign a written engagement agreement. Any references to past results, testimonials, or case outcomes are provided for informational purposes only and are not a guarantee, prediction, or promise of any particular result. Every case is different and must be evaluated on its own facts, evidence, and applicable law.