Eligibility, FDLE certification, court petitions, and the limits of clearing a Florida record
A criminal history record can affect employment, housing, education, professional licensing, and other opportunities. Florida law provides procedures that may allow an eligible person to seal or expunge a qualifying record. However, these remedies are limited, and neither process should be described as automatically erasing every trace of an arrest from every government system.
Anyone seeking to expunge a criminal record in Florida should begin by identifying the exact disposition of the case and reviewing the current statutory eligibility requirements.
What Is the Difference Between Sealing and Expunction?
When a record is sealed under section 943.059 of the Florida Statutes, the record is generally removed from ordinary public access, but specified criminal-justice agencies and other authorized entities may retain access. Court-ordered expunction under section 943.0585 generally requires agencies to destroy or remove qualifying records as directed by the order, subject to the limited retention and access provisions established by law.
That distinction matters. An expunged record is not accurately described as disappearing from every database or becoming unavailable to every government agency. Florida law also identifies circumstances in which a person must disclose a sealed or expunged record.
Who May Be Eligible?
Eligibility depends on several factors, including how the case ended, whether adjudication was entered, the person’s criminal history, prior sealing or expunction relief, and whether the offense is excluded by law. Section 943.0584 lists offenses that can make a record ineligible for court-ordered sealing or expunction.
A dismissed charge or first arrest does not automatically qualify. Conversely, some cases that did not result in a conviction may still require careful review of the charging documents, disposition, and complete criminal history. The current statutes—not a general online checklist—control the analysis.
The FDLE Certificate of Eligibility
For many court-ordered sealing and expunction petitions, the applicant must first obtain a Certificate of Eligibility from the Florida Department of Law Enforcement. The application process may require certified case records, fingerprints, a state-attorney certification in applicable cases, and the required fee.
A Certificate of Eligibility does not itself seal or expunge the record. It confirms that FDLE has determined the applicant meets specified statutory criteria for seeking relief. The person must then file the appropriate petition and supporting documents in the court with jurisdiction over the case.
Does the Judge Have to Grant the Petition?
No. Meeting the statutory requirements allows an eligible person to petition the court, but it does not guarantee that the judge will grant relief. The court reviews the petition, required documentation, applicable law, and any legally permitted response from the prosecution or other parties.
An attorney may assist by obtaining and reviewing the case disposition, evaluating statutory eligibility, preparing the FDLE application, drafting the petition and affidavit, and addressing legal issues that arise. Representation does not guarantee that a record will be sealed or expunged.
Employment and Continuing Disclosure Duties
Sealing or expunction can limit ordinary public access to a qualifying record, which may reduce its appearance in some routine searches. It does not guarantee employment, licensing, housing, or any other result. Private databases may also contain outdated information that requires separate correction.
Florida law permits or requires disclosure in specified situations, including certain applications involving criminal-justice agencies, The Florida Bar, child-care or health-care licensing, public office, and other positions identified by statute. A person should obtain advice about the disclosure rules applicable to a particular application.
Speak With a Florida Criminal Defense Attorney
If you want to determine whether you may qualify to expunge a criminal record in Florida or seal a qualifying record, begin with a review of the complete case history. Roy J. Kahn, P.A. can evaluate the available records and explain the applicable process.
Roy J. Kahn, P.A.
Coral Gables, Florida
Phone: 305-358-7400
Email: rjk@roykahnlaw.com
Legal Disclaimer
This article provides general educational information and is not legal advice. Eligibility to seal or expunge a record depends on the current statutes, the disposition, the applicant’s history, and other facts. Reading this article does not create an attorney-client relationship. Consult a qualified attorney about a specific matter.
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