Clear Your Record in Florida
Understand Sealing vs. Expungement | How We Can Help
Get a Free ConsultationA Fresh Start: Sealing or Expunging Your Florida Record
In Florida, a criminal record, even for minor offenses or arrests that didn't lead to a conviction, can create significant barriers in life. It can affect your ability to find employment, secure housing, obtain professional licenses, or even volunteer. Fortunately, Florida law provides mechanisms for individuals to limit public access to their criminal history records through sealing or expungement.
Sealing a record means it is removed from public view, though certain governmental agencies may still access it under specific circumstances. Expungement typically means the physical destruction or obliteration of a record, offering a more complete form of removal.
Understanding the differences, eligibility requirements, and the process is crucial. This guide provides an overview, but due to the complexity of the law, consulting with an experienced attorney is highly recommended.
Understanding Record Sealing in Florida
What Does it Mean to Seal a Record?
When a criminal history record is sealed in Florida, it means that the record is no longer accessible to the general public. This includes potential employers, landlords, and educational institutions conducting background checks. While the record is hidden from public view, it is not destroyed. Certain governmental and law enforcement agencies, as specified by Florida Statutes, retain the ability to access sealed records under limited circumstances (e.g., if you are applying for a sensitive government position, a job in law enforcement, or if you are subsequently arrested).
Generally, to be eligible for sealing, the charge in question must have resulted in a "withhold of adjudication" (meaning you were not formally convicted) and you must meet all other statutory requirements. Once your record is sealed, you can legally deny the arrest and the case ever occurred, except in certain specific situations outlined by Florida law.
Who Qualifies to Seal a Record in Florida?
General Eligibility Requirements for Sealing:
- The criminal charge you wish to seal must have resulted in a withhold of adjudication. If you were adjudicated guilty (convicted), you are generally not eligible to seal that record, though expungement might be an option if the conviction was later overturned or pardoned (a very rare scenario for this purpose).
- You must not have been adjudicated guilty of any criminal offense in Florida (or a similar offense in another jurisdiction).
- You must not have previously had a record sealed or expunged in Florida or under the law of any other state (with very limited exceptions). This is generally a "one-time" benefit.
- The specific offense you wish to seal must not be on the list of offenses ineligible for sealing under Florida Statute 943.059. (See "Ineligible Offenses" section below).
- You must not have a pending petition to seal or expunge another record.
- You are not currently under any form of court supervision (probation, community control, etc.) for any criminal case.
- All court-ordered sanctions (fines, costs, restitution) for the case you wish to seal must be completed.
Note: This is a general list. Specific circumstances can affect eligibility. It is essential to consult with an attorney.
Understanding Record Expungement in Florida
What Does it Mean to Expunge a Record?
Expungement is a more thorough process than sealing. When a criminal history record is expunged in Florida, it generally means the record is physically destroyed or obliterated by the criminal justice agencies that hold it (e.g., law enforcement, clerk of court, state attorney).
To be eligible for expungement, the arrest or criminal charge must typically have been dismissed, nolle prosequi (not prosecuted), or resulted in an acquittal (not guilty verdict). You generally cannot expunge a record where you pled guilty or no contest, even if adjudication was withheld (those are typically eligible for sealing). Similar to sealing, once your record is expunged, you can legally deny the arrest and case ever occurred, except in specific situations outlined by Florida law. The Florida Department of Law Enforcement (FDLE) may retain a copy for limited purposes.
Who Qualifies to Expunge a Record in Florida?
General Eligibility Requirements for Expungement:
- The criminal charge you wish to expunge must not have resulted in a conviction (adjudication of guilt).
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Typically, the case must have been resolved in your favor, such as:
- Dismissal by the court.
- Nolle Prosequi (charges dropped by the State Attorney).
- Acquittal (found not guilty after a trial).
- No information filed by the State Attorney.
- You must not have been adjudicated guilty of any criminal offense in Florida (or a similar offense in another jurisdiction).
- You must not have previously had a record sealed or expunged in Florida or under the law of any other state (with very limited exceptions). This is generally a "one-time" benefit.
- The specific offense you wish to expunge must not be on the list of offenses ineligible for expungement under Florida Statute 943.0585. (See "Ineligible Offenses" section below). Note that if adjudication was withheld for an offense that is otherwise eligible for sealing but not expungement, you cannot later expunge it if you sealed it first (unless the sealing was erroneous).
- You must not have a pending petition to seal or expunge another record.
- You are not currently under any form of court supervision (probation, community control, etc.) for any criminal case.
Note: Expungement rules are strict. Always consult an attorney to determine your eligibility.
Offenses That CANNOT Be Sealed or Expunged in Florida
Important Exclusions
Florida law explicitly prohibits the sealing or expungement of certain criminal offenses, regardless of the case's outcome (even if adjudication was withheld or charges were dropped for some of these). This list is extensive and subject to change by the legislature.
Some common examples of offenses that are generally ineligible for sealing or expungement include (but are not limited to):
- Sexual Misconduct offenses (e.g., Sexual Battery, Lewd or Lascivious offenses)
- Child Abuse or Neglect related offenses
- Kidnapping or False Imprisonment
- Homicide or Manslaughter
- Aggravated Assault or Aggravated Battery
- Domestic Violence (if adjudicated guilty, and often even with a withhold for sealing purposes)
- Stalking (Aggravated Stalking)
- Arson
- Burglary of a Dwelling
- Robbery
- Acts of Terrorism
- Certain drug trafficking offenses
- Driving Under the Influence (DUI) - cannot be sealed or expunged if you were found guilty or plead to it.
This is NOT an exhaustive list. The specific statutes (Florida Statutes 943.0584, 943.0585, and 943.059) must be consulted. If the offense you were arrested for is on this prohibited list, you generally cannot seal or expunge that record, even if all other eligibility criteria are met.
It is absolutely critical to verify the eligibility of your specific charge with an attorney.
Sealing vs. Expungement: Key Differences
| Feature | Sealing | Expungement |
|---|---|---|
| Typical Case Outcome | Adjudication Withheld | Dismissed, Nolle Prossed, Acquitted, No Information Filed |
| Record Status | Hidden from public view; still exists for certain agencies. | Physically destroyed or obliterated by most agencies; FDLE may retain a copy. |
| Prior Convictions | Generally, no prior adjudications of guilt for any offense. | Generally, no prior adjudications of guilt for any offense. |
| "One Time" Benefit | Yes, with very limited exceptions. | Yes, with very limited exceptions. Cannot expunge if previously sealed (unless sealing was erroneous). |
| Ineligible Offenses | Specific list per F.S. 943.059 applies. | Specific list per F.S. 943.0585 applies (often stricter). |
| Effect on Future Disclosure | Can legally deny arrest/case except in specific statutory instances. | Can legally deny arrest/case except in specific statutory instances (often fewer than sealing). |
The Florida Sealing & Expungement Process: An Overview
Step 1: Application for Certificate of Eligibility
The first step is to apply to the Florida Department of Law Enforcement (FDLE) for a Certificate of Eligibility. This involves completing an application, providing fingerprints, and paying a fee. FDLE reviews your criminal history to determine if you meet the basic statutory criteria.
Step 2: Filing a Petition with the Court
If FDLE issues a Certificate of Eligibility, the next step is to file a Petition to Seal or Expunge (along with the Certificate and other required documents) in the court where the original charge was handled. This petition asks the judge to formally order the record sealed or expunged.
Step 3: State Attorney Review and Court Hearing
The State Attorney's Office will review the petition and may object if they believe you are not eligible or if there are policy reasons against it. A hearing may be required where the judge makes the final decision. Having an attorney represent you at this stage is highly beneficial.
Step 4: Order and Compliance
If the judge grants the petition, they will sign an Order to Seal or Expunge. This order is then sent to various state and local agencies, instructing them to comply by sealing or destroying the record as applicable. It can take several months for all agencies to fully comply.
Benefits of Sealing or Expunging Your Record
Clearing your criminal record through sealing or expungement can have a profound positive impact on various aspects of your life:
- Improved Employment Prospects: Many employers conduct background checks. A sealed or expunged record means you can legally deny the arrest/case in most job applications, opening doors to more opportunities.
- Better Housing Options: Landlords often screen tenants. Clearing your record can make it easier to find and secure rental housing.
- Educational Opportunities: Some educational programs or financial aid applications may inquire about criminal history. Sealing/expungement can remove this barrier.
- Professional Licensing: Depending on the profession and licensing board, a sealed or expunged record may make it easier to obtain or maintain professional licenses.
- Personal Peace of Mind: Knowing that a past mistake is no longer publicly accessible can provide significant emotional relief and a true sense of a fresh start.
- Ability to Own a Firearm: Depending on the original charge and other factors, sealing or expunging certain records might help restore firearm rights (this is complex and needs specific legal advice).
- Volunteer Opportunities: Many organizations require background checks for volunteers, especially those working with vulnerable populations.
While sealing or expungement offers significant benefits, it's important to remember that there are specific instances where disclosure may still be required by law. An attorney can explain these exceptions.
Why Lotter Law for Your Sealing or Expungement Case?
The process of sealing or expunging a record in Florida is detailed and rule-intensive. A mistake in the application or petition can lead to denial and significant delays. Choosing an experienced attorney is crucial.
Knowledge of Florida Statutes
Jeff Lotter and his team have a thorough understanding of Florida's sealing and expungement laws (Statutes 943.0585, 943.059, etc.). We stay updated on any legislative changes that could affect your eligibility.
Meticulous Process Management
We guide you through each step, from accurately completing the FDLE application to preparing and filing the court petition, and representing you at any necessary hearings. Our attention to detail minimizes the risk of errors.
At Lotter Law, we understand the importance of a clean record. We are committed to helping eligible individuals navigate this complex legal process to achieve a fresh start and move forward with their lives.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Frequently Asked Questions
Sealing hides your record from the public but still allows access by certain government agencies. Expunging deletes or destroys the record from most systems—government agencies will only be told that your record was expunged, not shown the details.
Florida creates a criminal record the moment you’re arrested and fingerprinted—even if your charges were later dropped or dismissed. That record remains unless you take action to seal or expunge it.
We chage $1500 to sealing or egpungme your record. We offer a discounted rate if we were the attorney of record in your case.
You must not have been convicted (adjudicated guilty) of any crime and must not have sealed or expunged a record before. The record you want sealed or expunged must also meet specific legal requirements.
Crimes like domestic violence, arson, sexual battery, and drug trafficking are not eligible for sealing or expungement—even if you received a withhold of adjudication. A full list is found in Florida Statutes.
Usually, you can only seal or expunge one record in your lifetime. However, multiple charges may be considered "related" and handled together in one petition if they stem from the same incident.
You can legally deny the arrest in most situations—like job or housing applications. It helps protect your reputation and can open new opportunities in employment and education.
Sealing or expungement doesn’t force private websites or background check companies to erase your data. You may need to contact them individually or pursue separate legal remedies.
FDLE confirms whether you’re legally eligible. If so, you take that certificate to court. The judge then decides whether to grant your request to seal or expunge the record.
No, but the process can be confusing. Many people find it helpful to hire an attorney to ensure the documents are correct and to avoid delays or denials.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801