Expungements and Sealing
Florida seal and expunge process: what happens first
In many Florida sealing and expungement matters, submitting an application for a Certificate of Eligibility is the first major step. A record does not receive relief simply because an application is mailed in. Relief is not completed until a certified court order is issued by the court of proper jurisdiction and received by FDLE.
FDLE indicates that eligibility review typically takes about 12 weeks from the date a completed application packet is received. Application packets are reviewed in the order received, and FDLE generally does not expedite them. That makes it important to submit a complete, accurate packet and understand which type of relief you may be pursuing.
Types of sealing and expungement relief in Florida
Florida law provides several different statutory pathways for sealing or expunging criminal history records. The right path depends on the facts, the type of arrest or charge, age at the time of the matter, and other legal conditions.
An adult or juvenile arrest made contrary to law or by mistake may, in some circumstances, be expunged through an FDLE administrative process authorized by statute and rule.
A person may apply to FDLE for a Certificate of Eligibility, which is commonly the required first step before petitioning the court to seal or expunge a Florida criminal history record.
A person who completed an authorized juvenile diversion program for a misdemeanor may be able to apply for a juvenile diversion expungement as defined by law.
A person may seek a Lawful Self-Defense Certificate of Eligibility if the proper prosecuting authority certifies that the conduct was lawful self-defense and charges were not filed or were dismissed.
A person who is a victim of human trafficking may petition to expunge a criminal history record resulting from an arrest or charges connected to conduct committed as part of the trafficking.
Under certain conditions, an FDLE-maintained juvenile criminal history record may be automatically expunged by operation of law at age 21, or age 26 in certain commitment-related cases.
A person between ages 18 and 21 may, under certain conditions, apply to expunge a juvenile criminal history record if qualifying requirements are met, including a clean recent history.
An FDLE-maintained criminal history record may be automatically sealed by operation of law when the Clerk of Court submits a qualifying certified disposition electronically to FDLE.
Why eligibility analysis matters
Expungement and sealing are not one-size-fits-all procedures. Eligibility can depend on the exact disposition, prior record history, whether relief was previously granted, the type of offense involved, and whether a specialized statutory process applies. A detailed review at the beginning can help avoid delays, denials, or filing under the wrong procedure.
What to do before starting a Florida sealing or expungement matter
Gather the arrest information, case number, disposition paperwork, and anything else showing how the case ended. Keep copies of all application documents and court records. If you are unsure which path applies, do not guess. The right procedure depends on the exact legal history, and small details can change the analysis in a big way.
The definitions and process descriptions summarized on this page are based on Florida Department of Law Enforcement guidance. They are provided here as a general informational overview and are not represented as the original work product of Attorney Alexander J. Smith-Johnson, Esq.
For a more detailed review of the seal and expunge process or your record, call Smith-Johnson Law PLLC at 407-717-8557. This page is a general educational overview only. It is not legal advice, is not a guarantee of outcome, and does not create an attorney-client relationship.
