If you have a past criminal record holding you back from employment, housing, or educational opportunities, you aren’t alone. Thousands of people in Florida face the lingering effects of an arrest or charge every day. However, Florida law provides a pathway for a fresh start through the sealing and expungement of criminal records.
At Galanter Law, P.A., our Miami expungement lawyers help clients navigate the complex legal steps required to clear their names. If you want to know whether you qualify and what the process entails, this guide breaks down everything you need to know about expunging a record in Florida.
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Don’t let a past mistake define your future. Contact our Miami criminal defense firm today to find out if your record can be sealed or expunged.
Get a Free ConsultationWhat is an Expungement in Florida?
An expungement is a legal process that results in the destruction or complete removal of your criminal history record from public view. In the eyes of the law, it is treated as if the arrest or charge never occurred.
When a Florida court grants an expungement, the physical record of the case is destroyed by most criminal justice agencies, and it will no longer appear on standard background checks conducted by employers, landlords, or schools. With very few exceptions—such as applying for a job with law enforcement or seeking to purchase a firearm—you can legally deny the arrest or charge ever happened.
Sealing vs. Expunging a Record: What’s the Difference?
While both options restrict public access to your criminal history, they have distinct legal meanings and eligibility rules.
Record Sealing: When a record is sealed, it is hidden from the general public. However, the record still physically exists and remains accessible to certain government entities, such as law enforcement, the Department of Children and Families, and professional licensing boards. You can typically seal a record if you received a “withhold of adjudication” (meaning you were not formally convicted), provided the offense is not strictly prohibited from being sealed.
Expungement: Expungement goes a step further. The records are physically destroyed by the arresting agency and the court. Expungement is generally only available if the charges were dismissed, dropped (nolle prosequi), or if you were acquitted at trial.
Which One is Better?
Expungement offers more comprehensive protection, but if you do not meet the strict criteria for expungement, sealing your record still provides significant benefits by blocking standard background checks from employers.
Not Sure Which Option You Qualify For?
Florida’s eligibility rules are strict. Let an experienced expungement attorney review your case and determine the fastest path to clearing your name.
Review My EligibilityWhen Can You Expunge Your Records in Florida?
Florida law strictly dictates who is eligible. To qualify for a court-ordered expungement, you must generally meet the following criteria:
- No Prior Convictions: You must not have any prior criminal convictions (adjudications of guilt) on your record in Florida or any other jurisdiction.
- The Case Was Dropped: The specific charges you are seeking to expunge must have been dismissed by the judge, dropped by the prosecutor (nolle prosequi), or you must have been found not guilty.
- No Prior Expungements: You have never previously had a record sealed or expunged in Florida (with limited exceptions, such as juvenile diversion expungements).
- Not a Disqualified Offense: Certain serious offenses cannot be sealed or expunged, even if adjudication was withheld.
What Cannot Be Expunged in Florida?
Florida Statutes Section 943.0584 outlines specific criminal offenses that are entirely barred from sealing or expungement, regardless of the circumstances. These include, but are not limited to:
- Murder and manslaughter
- Sexual battery and offenses involving children
- Aggravated assault and aggravated battery
- Kidnapping, robbery, and carjacking
- Certain burglary offenses
- Child abuse or elder abuse
- Drug trafficking and acts of terrorism
- Any crime requiring sexual offender registration
- Domestic violence resulting in an adjudication of guilt
If your case involves one of these offenses, traditional expungement is not an option. However, if your record includes a lesser offense, or if you received a withhold of adjudication for an eligible charge, you might still qualify for sealing. The key is acting quickly and reviewing your specific disposition with a Miami criminal defense attorney.
The Expungement Process: Step by Step
Getting your criminal record expunged is not automatic. It requires a formal application process with the Florida Department of Law Enforcement (FDLE) and the court. Here is how our attorneys handle the process:
- Eligibility Review: We pull your full criminal history and court disposition to confirm you legally qualify.
- Application to FDLE: We prepare and submit your application, fingerprint card, and certified case disposition to the FDLE to obtain a Certificate of Eligibility.
- Filing the Petition: Once the FDLE issues the Certificate, we draft and file a formal Petition to Expunge (or Seal) with the court where your case was handled.
- Prosecutor Review and Court Hearing: The State Attorney’s Office is notified and may object. In some counties, a judge may require a hearing before granting the order.
- Final Order: If the judge signs the order, copies are sent to the arresting agency, the clerk of court, and the FDLE to physically destroy or seal the records.
The entire process can take anywhere from six to eight months due to processing times at the FDLE. Working with an experienced lawyer ensures your application isn’t rejected for administrative errors, which can cause significant delays.
Why Hire a Florida Expungement Attorney?
Beyond legal compliance, expungement opens doors to new opportunities. Employers, landlords, and educational institutions routinely perform background checks. Even dismissed charges can create unfair barriers, as people often assume the worst when they see an arrest record.
By clearing your record, you remove these obstacles, restoring your ability to pursue your career, housing, and educational goals without the shadow of your past.
Take Control of Your Future Today
Are you ready to move past an old arrest? Galanter Law, P.A. has decades of experience helping Floridians clear their records.
Contact Our Miami Expungement TeamCommentary by Miami Criminal Defense Lawyer Yale Galanter:
Yale Galanter has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. He is known for his dedicated representation and personal attention to every criminal matter.
