Sealing vs. Expungement in Florida: Eligibility, Differences, and FDLE Rules

A criminal record can make it difficult to find a job, secure housing, or get a professional license. In Florida, the law provides a second chance for certain individuals through record sealing and expungement. While people often use these terms interchangeably, they are two completely different legal processes with different eligibility requirements.

Understanding the difference between sealing and expunging your record is the first step toward clearing your name. Whether you live in Miami, Orlando, or Tampa, the rules set by the state apply to everyone uniformly. This guide explains the core differences, eligibility rules, and how the state handles these petitions.

Sealing vs. Expungement: The Core Differences

Florida law treats the sealing and expungement of criminal history records as two distinct remedies. Depending on how your criminal case ended, you may only be eligible for one of these options.

What is Record Sealing?

Under Fla. Stat. § 943.059, sealing a criminal record means the public cannot access it. If an employer runs a standard background check, the sealed record will not appear. However, the record continues to exist. It remains accessible to certain government entities, such as law enforcement agencies, the court system, and specific state departments like the Department of Education or the Department of Children and Families. You are generally allowed to legally deny the arrest occurred, with a few statutory exceptions.

What is Record Expungement?

Expungement is more powerful. Governed by Fla. Stat. § 943.0585, an expunction order requires the arresting agency and the clerk of the court to physically destroy the record. The only copy retained is a confidential, single file kept by the Florida Department of Law Enforcement, Tallahassee. Like a sealed record, an expunged record will not show up on a public background check, but the list of government agencies that have access to the confidential FDLE file is even smaller.

Withhold of Adjudication vs. Nolle Prosequi

Your eligibility for either process depends heavily on the final disposition of your case. The most critical rule in Florida is this: if you were adjudicated guilty (convicted) of a criminal offense in this state, you can never seal or expunge your record in Florida. Under Florida law, out-of-state convictions do not disqualify you from sealing or expunging a Florida criminal record.

Nolle Prosequi (Expungement Eligibility)

A Nolle Prosequi (often called a 'Nolle Pros') means the prosecutor dropped the charges against you before trial, or the judge dismissed the case. Because you were never convicted and no plea resulted in a sentence, these cases are generally eligible for immediate expungement. When charges are completely dismissed, the law recognizes that you should not carry the burden of a criminal record.

Withhold of Adjudication (Sealing Eligibility)

A 'Withhold of Adjudication' means the judge ordered probation or fines but specifically withheld a formal conviction. If you received a withhold of adjudication for an eligible offense, you cannot expunge the record immediately. Instead, you are only eligible to seal the record. However, Florida has a 10-year transition rule. If you successfully seal your record and maintain a clean criminal history for 10 consecutive years, you may then apply to have that sealed record fully expunged.

Step-by-Step Process in Florida

Whether you are filing in Jacksonville, Fort Lauderdale, or Tampa, the procedure generally follows the same strict timeline and requires exact documentation.

Step 1: Obtain a Certified Disposition

First, you must get a certified copy of your case's final disposition from the clerk of the court where your case was handled, such as the Miami-Dade County Circuit Court, Miami or the Hillsborough County Circuit Court, Tampa. This document proves how your case ended.

Step 2: Fingerprinting

You must be fingerprinted by an authorized law enforcement agency. Local sheriff's offices or local police departments can provide this service on an official fingerprint card. The state requires this to verify your identity and review your Florida criminal history, as out-of-state convictions do not disqualify applicants under Florida law.

Step 3: Apply for the Certificate of Eligibility

You must fill out Form FDLE 40-021, Florida, Florida Department of Law Enforcement, Application for Certification of Eligibility. This application is sent directly to the FDLE. If they determine you meet the statutory requirements, they will mail you the Certificate. This is a mandatory prerequisite before speaking to a judge.

Step 4: File the Court Petition

Once you have the FDLE Certificate, you file a formal Petition to Seal or Expunge with the local Circuit Court. You must also serve copies to the State Attorney's Office and the arresting agency. A judge will review the petition. While the certificate proves you are eligible, the judge has the final discretion to grant or deny the request, a principle established in cases like State v. D.H.W., 686 So. 2d 1331 (FL Supreme Court 1996), which balancing the public's right to know against the individual's right to privacy.

How Much Does it Cost in Florida?

The state sets standard fees for this process:

• FDLE Fee: A mandatory $75 processing fee for the Certificate of Eligibility application.
• Fingerprinting: Local agencies usually charge between $15 and $25.
• Clerk Fees: Filing the final petition at the courthouse typically costs between $42 and $85, depending on the county.
• Lawyer Fees: While you can apply on your own, a simple mistake can result in a denial. Most applicants browse our USA Lawyer Directory to hire an attorney, who generally charges a flat fee of $750 to $1,500.

How Long Does the Process Take?

The entire sealing or expungement timeline typically takes between 7 and 12 months. The longest wait is during the FDLE Certificate of Eligibility phase, which alone can take 6 to 9 months due to agency backlogs. Once the petition is filed in court, the judge's review and signature usually take an additional 1 to 3 months.

Frequently Asked Questions (FAQ)