Florida Record Sealing and Expungement: How Clearing a Criminal Record Can Restore Opportunity

A criminal record does not always reflect guilt, and it certainly does not reflect a person’s entire life. In Florida, many arrests and criminal cases never result in a conviction, yet the existence of a record can continue to appear on background checks long after the matter is resolved. That record can affect employment, housing, professional licensing, education, and even financial stability.

Florida law recognizes this reality and provides legal mechanisms for record sealing and expungement. When available, these remedies can dramatically reduce the long-term consequences of a criminal case and allow individuals to move forward without being defined by a single event.

This article explains how record sealing and expungement work in Florida, who may qualify, and why these remedies are often best understood as a form of consumer and opportunity protection.

Why Criminal Records Continue to Cause Problems

Many people assume that if charges were dismissed or never filed, the matter simply disappears. In practice, that is not how criminal records work. Arrests and case information are often retained by multiple agencies and can surface during routine background checks.

Even without a conviction, this information can raise questions for employers, landlords, and licensing boards. In effect, the record becomes a barrier, not because of wrongdoing, but because of access to incomplete or misunderstood information.

For this reason, record sealing and expungement are not about rewriting history. They are about controlling access to information that no longer serves a legitimate public purpose.

Sealing vs. Expungement: What Is the Difference?

Although often discussed together, record sealing and record expungement are legally distinct.

Record sealing makes a criminal record confidential. Once sealed, the record is no longer accessible to the general public and will not appear in most background searches. Certain government agencies and licensing bodies may still be able to confirm the existence of a sealed record, but they generally cannot access the underlying details.

Record expungement goes further. In an expungement, most agencies physically destroy their copies of the record. One confidential copy is retained by the Florida Department of Law Enforcement for law enforcement purposes only. For most individuals, expungement provides the highest level of relief available under Florida law.

In both situations, Florida law allows individuals, in most circumstances, to lawfully deny or fail to acknowledge the sealed or expunged matter.

Who May Be Eligible Under Florida Law

Eligibility for sealing or expungement depends on several factors, including how the case ended and a person’s criminal history.

Generally speaking, an individual may be eligible if:

• Charges were never filed
• Charges were dismissed
• Adjudication of guilt was withheld

Florida law also limits these remedies to one lifetime use, with narrow exceptions. In addition, certain offenses are permanently disqualified from sealing or expungement, even if adjudication was withheld.

Because eligibility is strictly statutory, small details in case dispositions can determine whether relief is available. This is why careful review of court records is essential before beginning the process.

The Two-Step Legal Process

Record sealing and expungement follow a structured, two-step process.

The first step is obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement. This requires fingerprinting, certified court dispositions, and submission of required forms. FDLE reviews the application to determine whether statutory criteria are met.

If a certificate is issued, the second step is filing a formal petition with the court that handled the case. The court reviews the petition and supporting materials and has discretion to grant or deny relief.

Time frames vary. Some applications move efficiently, while others take longer depending on agency processing and court schedules.

Important Limitations and Disclosure Requirements

Even after sealing or expungement, Florida law requires disclosure in limited circumstances, such as applications involving criminal justice agencies or certain sensitive employment or licensing positions.

Understanding these exceptions is critical. Record relief is powerful, but it must be used correctly to avoid unintended consequences.

Why This Matters Beyond Criminal Law

Record sealing and expungement are often thought of as criminal law remedies. In reality, they function much more like consumer protection tools.

A criminal record can limit earning potential, restrict housing options, and interfere with financial recovery in the same way that damaged credit can. Removing that barrier can restore access to opportunity and stability.

For many people, sealing or expungement is not just about peace of mind. It is about reclaiming control over their future.

Moving Forward

Florida’s sealing and expungement laws exist because the legal system recognizes that not every interaction with the criminal justice system should follow a person for life.

If a prior criminal matter is affecting employment, housing, or financial opportunity, record sealing or expungement may offer a path forward. The key is understanding eligibility, acting carefully, and following the process correctly.

This article is provided for general informational purposes only, and if you would like to discuss how these issues may apply to your circumstances, you may contact The Tancredo Law Firm, P.A. to schedule a consultation.

Christopher A. Tancredo, Esq.
Attorney at Law
The Tancredo Law Firm, P.A.