A past arrest can follow you long after your case ends. If you completed your sentence or had charges dismissed, you may qualify to limit who can see your criminal record in Florida. State law offers a path to sealing certain records, but you must meet specific rules and eligibility standards.
Understanding how the process works can help you decide what steps may make sense for your situation.
Understand who may qualify for record sealing
Under Florida Statute 943.059, you may qualify to seal a record if you meet several requirements. In general, eligibility often includes:
- No prior convictions: You generally must not have received an adjudication of guilt for any criminal offense in Florida
- One time opportunity: Florida law generally allows you to seal or expunge a record only once in your lifetime
- Favorable case outcome: You may qualify if the court withheld adjudication or dismissed the charges
In addition, you must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This certificate serves as preliminary confirmation that you appear to meet the statutory requirements before you file your petition in court.
Know the difference between sealing and expunging
People often use the terms sealing and expunging as if they mean the same thing. However, Florida law treats them differently. When a court seals a record, the public generally cannot access it. Still, certain agencies such as law enforcement, courts and some government employers may see that the record exists.
Expungement typically provides a higher level of privacy. In many cases involving dismissed charges or cases where prosecutors never filed charges, expungement may offer broader relief. The FDLE destroys certain records related to the case, although some limited information may remain with government agencies. The right option often depends on how your case ended and whether you meet the legal criteria.
Review limits and disqualifying offenses
Not every offense qualifies for sealing. Florida law lists several disqualifying offenses that courts cannot seal, even if the judge withheld adjudication. These often include serious or violent felonies such as aggravated assault, robbery and certain high level drug offenses. Many sex related crimes also remain ineligible.
Driving under the influence (DUI) cases present another common issue. Florida law generally does not allow judges to withhold adjudication for DUI offenses. As a result, a DUI conviction usually stays on your record and does not qualify for sealing under current law.
Because the list of excluded offenses can change, reviewing the specific statute and your court records may help clarify your options.
Follow the process in Leon County
If your arrest occurred in Tallahassee or elsewhere in Leon County, you will file your petition with the clerk of court in that county. The process often includes:
- Applying for a Certificate of Eligibility from the FDLE
- Filing a petition with the Leon County Clerk of Court
- Waiting for review by the State Attorney’s Office and the judge
If the State Attorney does not object, the judge may sign the order without a hearing. In some situations, the court may schedule a hearing to address questions about eligibility.
Small paperwork errors can slow the process. Careful preparation may reduce delays and help your petition move forward more smoothly.
Consider what sealing may mean for you
Sealing a criminal record may improve access to employment, housing and professional licensing opportunities. Although sealing does not erase every trace of your past, it can significantly reduce public visibility and give you a stronger foundation for moving forward.
If you would like a clearer understanding of your eligibility and the steps involved, you may consider reaching out to Jansen & Davis, P.A. for an eligibility review and assistance with preparing your sealing petition. Careful review and thoughtful preparation may help you approach the process with greater confidence and clarity.