Florida law allows certain criminal history records to be sealed or expunged, but eligibility is limited and the process has several steps.
This article summarizes current Florida Department of Law Enforcement guidance and is not legal advice.
The first step is an FDLE Certificate of Eligibility
FDLE says a person seeking court-ordered sealing or expungement must first apply for a Certificate of Eligibility.
That certificate does not itself seal or expunge the record. It establishes statutory eligibility to ask a court for relief.
The application has documentation requirements
FDLE's current instructions require a completed application, fingerprints taken by an authorized criminal justice agency, and a nonrefundable $75 processing fee. Additional documentation may apply depending on the case.
A certificate is not a court order
FDLE states that receiving a Certificate of Eligibility does not guarantee that a court will grant sealing or expungement. The petition still has to be filed in the proper court.
Relief is limited
Eligibility depends on the record, the disposition, prior history, and the specific statutory rules. Some offenses and histories are not eligible.
Public information can remain elsewhere
FDLE also cautions that sealing or expungement does not necessarily remove information already collected by private websites or other entities.
For anyone considering the process, the safest starting point is the current FDLE guidance and, when needed, qualified legal counsel.
