Expunged records

A criminal history record that has been ordered expunged by a court must be physically destroyed by any criminal justice agency having custody of such record. This includes the Clerk of Court, Florida Department of Law Enforcement, sheriff’s office, and local police departments. Once a record has been expunged, basic case information (such as charges, date of arrest, etc.) is retained by the Florida Department of Law Enforcement. That information is confidential and can only be accessed by a judicial order.

Sealed records

A criminal history record that has been ordered sealed by a court is confidential and eliminates the public access to that record. Once the record is sealed, the information will only be available to certain governmental entities.

You may only seal or expunge one case or arrest in your entire lifetime. An arrest may include a number of cases and a case may have a several arrests.

It is important to have an attorney evaluate this so you can seal or expunge as many incidents as possible.

The entire process is dependent on a number of factors including the time it takes for the client to complete tasks and the wait for government agencies.

We find the entire process takes between 4 and 12 months, with an average of 6 months.

Florida Justice Center processes all paperwork within 3 business days of receipt.

If you have ever had a case end with adjudication withheld (that was not an enumerated disqualifying offense), you will qualify for sealing, and not expungement.

However, ten (10) years after your case has been successfully sealed, you can apply to have that same case expunged.

Florida law requires that you have never been adjudicated guilty or had adjudication withheld on a disqualifying offense on any case in order to qualify for sealing or expungement.

This means that every case matters. Any disqualifying case, even unrelated to the one you wish to have sealed or expunged, is important.

Hiding information from Florida Justice Center only serves to expend unnecessary time and money. The outcome will be the same.

Once a record is sealed or expunged, you may lawfully deny or fail to acknowledge the arrest(s) covered by the sealed or expunged record only. However, you must disclose your sealed record if you fall under any of the following classifications or conditions:

1. Applying for employment with a criminal justice agency
2. A defendant in a criminal prosecution
3. Concurrently or subsequently petitioning for relief
4. Seeking admission to The Florida Bar
5. Attempting to purchase a firearm from a licensed importer, manufacturer, or dealer and is subject to a criminal history check under state or federal law (applies to sealing only)
6. Seeking to be appointed as a guardian pursuant to Florida Statute 3125
7. Seeking employment, licensing, or contracting with any of the following agencies:
   1. Department of Children and Families
   2. Division of Vocational Rehabilitation within the Department of Education
   3. Agency for Health Care Administration
   4. Agency for Persons with Disabilities
   5. Department of Health
   6. Department of Elderly Affairs
   7. Department of Juvenile Justice or to be employed or used by such contractor or licensee in a sensitive position having direct contact with children, the disabled, or the elderly;
   8. Department of Education, district school board, a university laboratory school, a charter school, a private or parochial school, or a local governmental entity that licenses childcare facilities;
   9. Division of Insurance Agent and Agency Services within the Department of Financial Services;
   10. Bureau of License Issuance of the Division of Licensing within the Department of Agriculture and Consumer Services to carry a concealed weapon or concealed firearm.

This service is free to those making less than 125% of the federal poverty guidelines. There may be government fees and actual costs (such as postage, for example) that must be paid by you.

For a list of common costs and more details about sliding scale fees for those making 125% of the federal poverty guidelines and above, please visit our Sliding Scale Fees page.

Florida Justice Center will not pay any outstanding obligations such as fines, fees, court costs, or restitution.