That one question on a job application—”Have you ever been arrested?”—can cause a wave of anxiety. For many people, a past charge creates a barrier to the opportunities they deserve, long after the case is over. It can feel unfair, especially when the incident doesn’t reflect who you are today. This is exactly why the state created a path forward. The process of Florida criminal record sealing is designed to remove that barrier, making your record confidential and hidden from public view. In this article, we’ll break down the requirements, the costs, and the steps you need to take.
Key Takeaways
- Your Case’s Outcome is the First Hurdle: To qualify for sealing, the judge must have “withheld adjudication of guilt” for the charge, and the offense cannot be on Florida’s list of serious, ineligible crimes.
- State Approval Comes Before Court Approval: You must successfully apply for and receive a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) before you can formally petition the court.
- You Only Get One Chance to Get It Right: Florida law generally allows you to seal only one criminal incident in your lifetime, so handling the complex legal process correctly from the start is essential for success.
What Does It Mean to Seal a Criminal Record in Florida?
When you seal a criminal record in Florida, you’re essentially making it confidential and removing it from public view. Think of it as putting your record in a locked file cabinet that most people can’t open. This means that when a potential employer, landlord, or even a nosy neighbor runs a standard background check, your past arrest or charge won’t show up. It’s a powerful tool that can give you a fresh start and open doors that may have been closed because of a past mistake.
It’s important to understand that sealing a record doesn’t mean it’s completely gone. The record still exists, but its access is heavily restricted. The main goal is to give you the ability to legally deny that the incident ever happened, with a few key exceptions. The Florida Department of Law Enforcement (FDLE) oversees this process, and meeting their strict eligibility requirements is the first step toward putting your past behind you. For many people, sealing a record is a life-changing move that restores their peace of mind and allows them to pursue career and personal goals without being held back.
Sealing vs. Expunging: What’s the Difference?
You’ll often hear the terms “sealing” and “expunging” used together, but they are two very different legal processes in Florida. Sealing a record makes it confidential and hidden from public access, but the record itself is not destroyed. Law enforcement and certain government agencies can still see it under specific circumstances.
Expunging, on the other hand, is the physical destruction of your record. It’s as if the arrest never occurred. Because it’s a more permanent solution, the eligibility requirements for expungement are much stricter. Generally, you can only expunge a record if the charges against you were dropped, dismissed, or you were acquitted at trial. Understanding this difference is key to figuring out which option is right for your situation.
Who Can Still See a Sealed Record?
While sealing your record shields it from the general public, it doesn’t make it invisible to everyone. A specific list of government and criminal justice agencies can still access a sealed record if they have a legitimate reason. According to Florida law, these entities include law enforcement agencies, the courts, state attorneys, and certain professional licensing boards (like the Florida Bar).
If you’re applying for a job that requires a high level of trust—such as working with children, the elderly, or in law enforcement—you will likely be required to disclose the sealed offense. For most other jobs, housing applications, and educational opportunities, however, your record will remain private.
Do You Qualify to Seal Your Record in Florida?
Figuring out if you can seal your record in Florida can feel overwhelming, but it starts with a straightforward eligibility check. The state has specific rules about who can and cannot pursue this option. The process is designed to give a second chance to those who qualify, but the requirements are strict. Before you get too far into the paperwork, it’s essential to see if you meet the basic criteria. This initial step is the most important one, as it determines whether you can even begin the formal application process with the Florida Department of Law Enforcement (FDLE).
Think of this as your starting point. We’ll walk through the main requirements and the types of charges that could prevent you from sealing your record. This will give you a clear idea of where you stand and what your next steps might be. The law makes a clear distinction between cases where a judge found someone guilty and cases where they didn’t, and it also has a list of serious crimes that are never eligible. Understanding these nuances is key. Remember, every case is unique, so speaking with a criminal defense attorney is the best way to get answers tailored to your situation.
The Basic Eligibility Checklist
To get your record sealed, you have to tick several boxes. According to Florida Statutes, the state has a clear set of conditions you must meet. The most important rule is that you cannot have been convicted of—or “adjudicated guilty” of—the crime you want to seal. This means the judge must have “withheld adjudication of guilt.”
Here’s a quick rundown of the other core requirements:
- You have never been convicted of a crime in Florida or any other state.
- You have never successfully sealed or expunged another record in Florida before.
- You are not currently under any court supervision, like probation or community control, for the charge you want to seal.
- The charge you want to seal is not on the list of offenses that are ineligible for sealing (more on that below).
Convictions That Can Disqualify You
Even if the court withheld adjudication for your case, some offenses are simply not eligible to be sealed in Florida. The law explicitly bars certain serious crimes from this process to protect public safety. If the charge you’re dealing with falls into this category, you won’t be able to seal the record, regardless of the case’s outcome.
This list includes many violent crimes, sexual offenses, and crimes against children. Some examples of charges that cannot be sealed include:
- Aggravated assault or battery
- Domestic violence (in certain circumstances)
- Drug trafficking
- Human trafficking
- Child abuse
- Sexual battery
- Any offense that requires you to register as a sexual offender
Understanding these disqualifiers from the start can save you a lot of time and frustration. It’s a critical step in determining if sealing your record is a viable path for you.
Which Crimes Can (and Can’t) Be Sealed in Florida?
Figuring out the rules for sealing a criminal record can feel complicated, but it really comes down to two main things: the outcome of your case and the nature of the charge itself. Florida law is specific about which offenses qualify for sealing and which are permanently excluded, regardless of whether you were convicted. Understanding where your charge falls is the first step toward clearing your record and moving forward with your life.
It’s important to remember that even if your charge is eligible, you still have to meet all the other requirements, like not having any prior convictions. Because the list of exceptions is long and the legal language can be dense, getting advice tailored to your specific situation is always a smart move. An experienced attorney can review your case and give you a clear answer on whether sealing is an option for you.
A Look at Eligible Offenses
Generally, you can seal a criminal record in Florida if you were charged with a crime but were not found guilty. This means the court withheld adjudication of guilt, or the charges were dropped or dismissed. Essentially, if your case didn’t end in a conviction, you may be in the clear to pursue sealing. This process is a powerful tool that allows you to legally state on most applications that the incident never happened. It’s a way to ensure a past mistake doesn’t create a roadblock for your future career or housing opportunities. Getting a criminal defense attorney to review your record is the best way to confirm your eligibility.
Offenses That Are Not Eligible for Sealing
Even if you weren’t convicted, Florida law prohibits certain offenses from ever being sealed. There’s a specific list of charges that are disqualified, and it includes many serious crimes. If the original charge was for an offense on this list, you won’t be able to seal the record for it.
Some of the most common ineligible offenses include:
- Aggravated assault and battery
- Child abuse or neglect
- Drug trafficking
- Human trafficking
- Sexual battery
- Any crime that requires you to register as a sexual offender
This isn’t a complete list, and the laws can be complex. The team at Galanter Law can help you understand if your specific charge is one of the exceptions.
How to Get Your Certificate of Eligibility from the FDLE
Before you can formally ask a court to seal your criminal record, you need to get a green light from the Florida Department of Law Enforcement (FDLE). This official approval comes in the form of a Certificate of Eligibility. Think of it as your ticket to the next step in the process. It’s the FDLE’s way of confirming that, based on their records, your case meets the basic requirements set by Florida law. Getting this certificate is a non-negotiable first step, and it involves a bit of paperwork and a review process.
The good news is that it’s a straightforward application. Once you have this certificate in hand, you’re one step closer to putting a past mistake behind you. It’s valid for one year, which gives you a generous window to file your petition with the court. A skilled defense attorney can handle this entire process for you, ensuring every form is filled out correctly and submitted on time.
Submitting Your Application and Fee
To kick things off, you’ll need to complete the official application for the Certificate of Eligibility. Along with the application, you must include a certified copy of the final disposition of the case you want to seal. This document shows how the court case ended. You’ll also need to submit a $75 processing fee to the FDLE.
It’s crucial to follow the instructions perfectly to avoid delays. Once the FDLE issues your certificate, the clock starts ticking—you have exactly 12 months to file your petition with the court. If you miss that deadline, you’ll have to start over and reapply for a new certificate. According to Florida Statutes, this is a firm requirement for moving forward.
The State Attorney’s Review and What to Expect
After you submit your application and the FDLE approves it, your petition to seal your record goes to the State Attorney’s Office for review. This is a standard part of the procedure. The prosecutor will look over your case and decide whether to object to your request.
If they don’t object, the judge will likely sign the order to seal your record within a few weeks, and you’ll receive a copy in the mail. If the State Attorney does object, don’t panic. It just means a court hearing will be scheduled where you or your attorney can argue why your record should be sealed. The Clerk of the Court will notify you of the hearing date, giving you time to prepare.
Petitioning the Court: A Step-by-Step Guide
Once you have your Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), you’re ready for the final steps in the legal process. This is where you formally ask the court to seal your record. It involves filing a legal petition and, in some cases, attending a court hearing where a judge will make the final decision. Think of it as the home stretch where all your preparation comes together.
Gathering Your Documents and Filing the Petition
With your certificate in hand, the next move is to prepare and file a “Petition to Seal” with the court that originally handled your case. This petition is a formal legal document where you officially request the sealing of your criminal record. According to Florida law, you must attach your original Certificate of Eligibility to this petition. You’ll also need to include a sworn statement confirming that you meet all the legal requirements. Filing these documents correctly is critical, as any errors could cause delays or even lead to a denial of your request.
Your Court Hearing and the Final Order
After you file your petition, the State Attorney’s Office gets a chance to review it. If they don’t object, the judge may sign the order without needing a hearing. However, if the prosecutor objects, the court will schedule a hearing. You’ll be notified of the date and time, giving you an opportunity to present your case. It’s important to know that even if you meet all the technical requirements, a judge has the final say. If the judge approves your request, they will sign a final order. This order is then sent to the FDLE, which will officially seal your record in accordance with applicable state law.
What Are the Benefits of Sealing Your Record?
Going through the process of sealing your criminal record is about more than just paperwork; it’s about creating a fresh start. A past mistake shouldn’t define your entire future. Once your record is sealed, you can legally deny that the arrest ever happened on most applications, which opens up a world of possibilities that may have felt closed off.
This single action can have a ripple effect, improving your career prospects, housing options, and overall peace of mind. Let’s look at two of the most significant ways sealing your record can positively impact your life. When you’re ready to move forward, a skilled criminal defense attorney can guide you through each step.
Opening Doors to Better Job and Housing Opportunities
Think about the last time you filled out a job or apartment application. That little box asking about prior arrests can cause a lot of anxiety. A criminal record, even for a minor offense, can be an automatic disqualifier for many employers and landlords who run background checks. Sealing your record removes this barrier. It keeps your past private, allowing you to present yourself based on your qualifications and character, not on a single incident. This gives you a fair shot at securing the job you want and the safe, stable housing you need for yourself and your family.
Securing or Protecting Your Professional License
For many careers, a professional license is non-negotiable. Fields like nursing, education, real estate, and cosmetology all require state licensing, and a criminal record can put that license in jeopardy. It can prevent you from getting a license in the first place or lead to suspension or revocation of an existing one. By sealing your record, you protect your livelihood and the career you’ve worked hard to build. It demonstrates that the past is behind you and allows licensing boards to evaluate your application without the prejudice of a past offense. The legal team at Galanter Law has extensive experience helping professionals protect their careers.
How Much Does It Cost to Seal Your Record in Florida?
Thinking about the cost of sealing your record is a practical and important step. It’s helpful to view this as an investment in your future, clearing the path for new opportunities. The total expense can be broken down into two main categories: the fixed fees required by the state and courts, and the variable costs of hiring a lawyer to guide you through the process. Understanding both will give you a clear picture of what to expect financially as you move forward.
A Breakdown of State and Court Fees
The good news is that the official government fees for sealing a record are quite modest. In Florida, you can generally expect to pay a standard court cost of $42.00 to file your petition. This fee is consistent across different parts of the state. For example, the Clay County Clerk of Court confirms that applicants are responsible for this $42.00 fee, along with any costs for certified copies. Similarly, the Orange County Clerk of Court lists the same $42.00 fee, noting that additional processing fees may apply. While these small, extra charges can vary slightly, the primary court filing fee is straightforward and affordable.
Understanding Attorney Costs
This is where the cost can differ more significantly from person to person. The fees an attorney charges to handle your record sealing will depend on the complexity of your case and their level of experience in criminal defense. Some lawyers offer a flat fee for the entire process, which gives you a clear, upfront cost. Others may charge by the hour. Because every situation is unique, it’s wise to consult with an attorney to get a precise estimate. For those concerned about affordability, it’s worth noting that some organizations, like the Florida Justice Center, offer free assistance to help people seal their records, ensuring that financial hardship doesn’t have to be a barrier to a fresh start.
Common Mistakes to Avoid in the Sealing Process
The process of sealing a criminal record is filled with specific legal requirements and deadlines. A simple oversight can lead to significant delays or even a denial of your petition, forcing you to start over or lose your chance entirely. Understanding the common pitfalls is the first step toward a smooth and successful outcome. Many of these errors happen because the process is complex, which is why having an experienced criminal defense attorney handle the details can make all the difference. Getting it right the first time saves you stress, time, and money.
Avoiding Application and Documentation Errors
The paperwork involved in sealing a record is where most people run into trouble. One of the most critical documents you’ll need is a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). Without this, you can’t even begin the court process. It’s essential to fill out this application perfectly, because Florida law generally allows you to seal or expunge only one criminal case in your lifetime. There are no do-overs. It’s also important to know that while the FDLE determines your eligibility, only the judge in the court where your case was handled has the final authority to order your record sealed.
Getting the Timing Right
Timing and follow-through are everything in this process. A common mistake is assuming the job is done once the judge signs the order to seal your record. It’s not. You must ensure a certified copy of that court order is sent to the FDLE and other relevant agencies to officially remove your record from public view. If this step is missed, your record remains accessible. It’s also helpful to understand what “sealed” truly means. The record isn’t erased; it’s just hidden from the general public. Certain government and law enforcement agencies can still access it if necessary. Knowing these details helps you manage your expectations and ensures you complete every required step.
Should You Hire an Attorney to Seal Your Record?
You might be wondering if you can handle sealing your record on your own to save some money. While it’s technically possible to file the petition yourself, the process is far more complex than it appears. Florida’s laws are incredibly specific, and one small mistake on your application can lead to a denial, potentially closing the door on this opportunity for good. The paperwork involves multiple state agencies, strict deadlines, and precise legal language that can be confusing without a background in law.
This is where having an experienced lawyer makes all the difference. The first hurdle is figuring out if you even qualify. An attorney can quickly review your criminal history to confirm your eligibility, saving you the time and expense of applying if your record contains a disqualifying offense. They also manage the entire process, from correctly completing the application for a Certificate of Eligibility to filing the final petition with the court. This ensures every detail is handled properly, which is critical for a successful outcome.
Think of it as an investment in your future. Hiring a lawyer isn’t just about paperwork; it’s about having a professional guide you through a complicated legal system. An attorney acts as your advocate, ensuring your petition is presented clearly and correctly. With skilled criminal defense representation, you give yourself the best possible chance of successfully sealing your record and moving forward. Having an expert like Yale Galanter on your side means you have a dedicated professional focused on getting it right the first time.
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Frequently Asked Questions
How long does the entire record-sealing process usually take? While every case is different, you should generally expect the process to take several months from start to finish. The timeline depends on the processing speed at the Florida Department of Law Enforcement for your Certificate of Eligibility and the current caseload of the court handling your petition. Patience is key, as it’s a multi-step legal procedure that simply can’t be rushed.
Do I have to disclose a sealed record on a job application? For the vast majority of job, housing, and loan applications, you can legally and honestly answer “no” if asked whether you have ever been arrested for or charged with a crime. The main purpose of sealing your record is to restore this right. However, there are specific exceptions where you must disclose it, such as when applying for a job in law enforcement, with the Florida Bar, or for a position that involves working with children or the elderly.
What’s the real difference between sealing a record and expunging it? Think of it this way: sealing a record is like putting it in a locked vault. The record still exists, but it is confidential and hidden from public view. Expunging a record is like putting that same record through a shredder—it is physically destroyed. Because expungement is a more permanent action, the eligibility requirements are much stricter, typically reserved for cases where charges were dropped or dismissed entirely.
Can I seal my record if I was convicted of the crime? No, you cannot seal a record in Florida if you were convicted, or “adjudicated guilty,” of the crime. A fundamental requirement for sealing is that the judge must have “withheld adjudication of guilt” in your case. This is one of the first and most important factors an attorney will check to determine if you are eligible to move forward.
What happens if the State Attorney objects to my petition? An objection from the State Attorney does not mean your petition is automatically denied. It simply means the court will schedule a hearing to review the matter. At this hearing, your attorney will have the opportunity to present arguments to the judge explaining why your record should be sealed despite the objection. The judge will then make the final decision.
