How Much Does It Cost to Seal or Expunge a Record in Florida? Lawyer Fees vs. DIY
Mandatory state costs for sealing or expunging a Florida record include a $75 FDLE processing fee, fingerprinting costs of around $15 to $25, and local clerk filing fees typically between $42 and $85. Hiring an experienced attorney usually adds a flat fee of $750 to $1,500.
If you have an arrest record in Florida, sealing or expunging that record can be one of the best investments you make for your future. A clean background opens doors for better employment, housing, and financial opportunities. However, the legal process involves several state agencies and local courts, all of which charge mandatory administrative fees.
Many residents wonder if they should handle the paperwork themselves to save money or hire a legal professional. While the 'Do-It-Yourself' (DIY) route appears cheaper upfront, the complex nature of Florida's expungement statutes can lead to hidden costs. This guide breaks down the exact costs of clearing your record in Florida.
Mandatory State Costs and Filing Fees
Regardless of whether you hire a lawyer or file the paperwork yourself, you must pay out-of-pocket for state and county processing fees. These costs are non-refundable.
The FDLE Application Fee
Under Fla. Stat. § 943.0585, every person applying for a Certificate of Eligibility must pay a mandatory processing fee to the state. The fee is exactly $75 and must be submitted to the Florida Department of Law Enforcement, Tallahassee in the form of a personal check, cashier's check, or money order. Cash and temporary personal checks are not accepted.
Fingerprinting Costs
Your application requires an official fingerprint card to run a background check. You cannot take your own fingerprints; they must be done by an authorized law enforcement agency or approved vendor. Local police departments or sheriff's offices generally charge between $15 and $25 for this service.
Clerk of Court Filing Fees
Once you receive your Certificate of Eligibility from the FDLE, you must file a formal petition with the local circuit court where your case was heard. Filing fees vary slightly depending on the county. For instance, filing at the Hillsborough County Circuit Court, Tampa or the Miami-Dade County Circuit Court, Miami will cost between $42 and $85. This covers the clerk's administrative cost to process the judge's order and mail certified copies to the arresting agencies.
Hidden Costs of DIY Mistakes vs. Attorney Fees
Because the upfront mandatory fees only total around $150, many people attempt to complete the process themselves. However, the Florida expungement process is highly technical.
The Cost of Clerical Errors (Refiling)
If you make a mistake on Form FDLE 40-021, Florida, Florida Department of Law Enforcement, Application for Certification of Eligibility, the state will reject your application. Common mistakes include missing a signature, failing to attach a certified disposition, or applying for an expungement when you are only eligible for sealing. If denied, the FDLE does not refund your $75. You will have to pay the fee again and wait another 6 to 9 months for them to process your new application. Time lost is often the most significant hidden cost, especially if you miss out on a job opportunity due to a delayed background clearance.
Average Attorney Flat-Fee Retainers
To avoid delays and rejections, most applicants choose to hire a local lawyer. You can easily find one by browsing our USA Lawyer Directory. In Florida, attorneys generally charge a flat fee for expungement services, which ranges from $750 to $1,500. This fee typically covers:
- Obtaining all certified court dispositions.
- Drafting and filing the FDLE application.
- Drafting the final court petition and sworn affidavits.
- Handling any objections filed by the State Attorney.
- Attending the court hearing if the judge requires one.
Step-by-Step Process in Florida
Whether you are in Jacksonville, Orlando, or Miami, the process requires careful attention to detail:
- Step 1: Obtain a certified copy of the case disposition from the local clerk of court.
- Step 2: Get professionally fingerprinted on an official FDLE card.
- Step 3: Have the local State Attorney sign off on the application (if required for expungement).
- Step 4: Send the $75 fee, fingerprints, disposition, and application to the FDLE.
- Step 5: Receive the Certificate of Eligibility.
- Step 6: Pay the local clerk filing fee and submit the final petition to the judge.
How Long Does the Process Take?
Currently, the entire process takes about 7 to 12 months. The FDLE alone takes 6 to 9 months to issue the Certificate of Eligibility. Paying a lawyer does not expedite the state's processing time, but it does ensure the application is perfect on the first try, preventing your timeline from resetting.
Frequently Asked Questions (FAQ)
Will the court refund my filing fee if the judge denies my expungement?
No. Both the FDLE $75 application fee and the local clerk of court filing fees are strictly non-refundable, regardless of the final outcome of your petition.
Do I need to pay separate fees if I have multiple charges from the same arrest?
If multiple charges stem from one single arrest (one case number), you only pay one FDLE fee and one clerk filing fee. However, Florida generally only allows you to expunge one arrest episode in your lifetime.
Can I get a fee waiver for the FDLE application?
The FDLE does not typically offer fee waivers or payment plans for the $75 Certificate of Eligibility processing fee. It must be paid in full via personal check, cashier's check, or money order.
Are there any hidden costs after the judge signs the order?
Once the judge signs the final order, the clerk of the court distributes it to the agencies. You may only face minor costs (usually a few dollars) if you wish to purchase extra certified copies of the final expungement order for your personal records.
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