Florida Expungement & Sealing: FDLE Certificate, One-Per-Lifetime Rule
Florida allows one expungement or sealing per lifetime. Learn about the FDLE Certificate of Eligibility, the $75 fee, and withhold of adjudication.
Florida's record clearing process has a rule that surprises a lot of people: you get one per lifetime. One sealing or one expungement — that is it. If you use your one shot to seal a record, you cannot seal or expunge anything else later (with very narrow exceptions). This means getting it right the first time matters more in Florida than in almost any other state.
The other thing that catches people off guard is that Florida requires you to get approval from the Florida Department of Law Enforcement (FDLE) before you even ask the court. That approval — called a Certificate of Eligibility — takes about 12 weeks to process and costs $75. It is non-refundable. The whole timeline from start to finish is longer in Florida than in most states because of this two-step process.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
Sealing vs. expungement in Florida — a critical distinction
Florida law treats sealing and expungement as two different things with different legal effects:
Sealing (Florida Statute § 943.059) hides the record from public access. Employers, landlords, and most background check companies cannot see it. But the record still exists. FDLE retains it, and criminal justice agencies, certain government entities, and some licensing boards can still access it. You can legally deny the arrest on most applications — but not when asked by a criminal justice agency or certain specified entities.
Expungement (Florida Statute § 943.0585) goes further. The record is physically destroyed. FDLE destroys it. Court records are destroyed. Law enforcement records are destroyed. After expungement, the record does not exist in any government database.
Who qualifies for which depends on how your case ended:
- Sealing is for cases where adjudication was withheld — the judge did not formally convict you, even though you may have pleaded guilty or no contest
- Expungement is for cases where charges were dismissed, dropped, or resulted in acquittal — no conviction and no withhold of adjudication
The one-per-lifetime rule
This is the single most important thing to understand about Florida. Under both § 943.0585 and § 943.059, a person is entitled to one court-ordered sealing or expungement in a lifetime. If you seal a record, you cannot later seal or expunge a different record (even if the first record is eventually expunged after 10 years).
There are very narrow exceptions — related charges arising from the same arrest may sometimes be handled together, and the legislature has created limited exceptions for human trafficking victims and certain other specific situations. But for the vast majority of people, one is the limit.
What this means practically: if you have multiple eligible records, you need to choose carefully which one to seal or expunge. Choose the one that is causing the most harm to your employment, housing, or life situation.
Who qualifies — and who does not
May qualify
- Adjudication withheld (not formally convicted) — eligible for sealing
- Charges dismissed by the court — eligible for expungement
- Charges dropped or never filed by the State Attorney — eligible for expungement
- Acquittal (not guilty verdict) — eligible for expungement
- Completed pretrial diversion or intervention program with charges dismissed
- Nolle prosequi entered by the prosecutor (prosecution abandoned)
- Previously sealed record, after 10 years — eligible for expungement
Generally does not qualify
- Any case where you were formally convicted (adjudication was NOT withheld)
- You already had a record sealed or expunged in Florida (one per lifetime)
- Sexual offenses and related charges under Florida Statute § 943.0435
- Arson, aggravated assault, aggravated battery
- Kidnapping, human trafficking
- Robbery, carjacking, home invasion robbery
- Child abuse, abuse of an elderly or disabled person
- Domestic violence (if formally adjudicated)
- Any offense where the court specifically adjudicated guilt (conviction entered)
- Any case with open charges or pending prosecution
The adjudication withheld vs. convicted distinction is everything in Florida. If the judge formally adjudicated you guilty (entered a conviction), sealing and expungement are both off the table for that case. Check your court records for the exact disposition language.
Waiting periods
Florida's formal waiting periods are shorter than many states, but the FDLE Certificate of Eligibility process adds 12 weeks to the practical timeline. Plan accordingly.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Record sealing (withhold of adjudication)
Clock starts: Date of case disposition
No mandatory waiting period for sealing, but you must obtain a Certificate of Eligibility from FDLE first, which takes about 12 weeks.
Record expungement (charges dismissed or not filed)
Clock starts: Date charges dismissed or dropped
Applies to cases where charges were dropped, dismissed, or resulted in acquittal. No conviction on the record.
Sealed record to expunged record
Clock starts: Date the record was sealed
After a record has been sealed for 10 years, you may petition to have it expunged (destroyed). This is the only path from sealed to expunged in Florida.
Completed diversion or pretrial intervention program
Clock starts: Date program completed and charges dismissed
The charges must have been dismissed after program completion. If the program was not completed or charges were not dismissed, this does not apply.
Juvenile record expungement
Clock starts: Date of disposition
Juvenile records have separate rules under Florida Statute § 943.0515. Some are automatically expunged at age 21 or 26 depending on offense.
How to seal or expunge your Florida record
Florida's process has more steps than most states because of the mandatory FDLE certificate requirement. The process is manageable if you follow it in order, but skipping a step will cost you time.
The Florida sealing and expungement process
- 1
Determine whether you may be eligible for sealing or expungement
15-30 minutesFreeThe most important threshold question in Florida: was adjudication withheld, or were charges dismissed? If adjudication was withheld (the judge did not formally convict you), you may qualify for sealing. If charges were dismissed, dropped, or you were acquitted, you may qualify for expungement. If you were convicted (adjudication was NOT withheld), neither option is available.
Check your court records for the exact language. "Adjudication withheld" is different from "guilty" or "convicted." The distinction controls everything in Florida.
- 2
Apply for FDLE Certificate of Eligibility
12 weeks for FDLE to process$75 to FDLE (non-refundable)Florida requires you to obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) before you can petition the court. Download the application from fdle.state.fl.us. Complete it, get it notarized, and submit it to FDLE with the $75 processing fee. FDLE runs a background check and determines whether your record may be eligible under Florida law.
The 12-week processing time is typical. Do not wait to apply — this is the longest part of the process. Submit your application as soon as you know you want to proceed.
- 3
Get the certified disposition from the Clerk of Court
1-5 days$2-$5 per page for certified copiesWhile waiting for the FDLE certificate, obtain a certified disposition from the Clerk of Court where your case was handled. This document shows the final outcome of your case — dismissal, withhold of adjudication, or other disposition. The clerk charges a fee for certified copies.
- 4
Get the sworn statement from the State Attorney
1-4 weeksFreeFor expungement petitions, you need a signed statement from the State Attorney (prosecutor) in the jurisdiction where your case was handled. This statement confirms that the case was dismissed, that charges were not filed, or that you completed a pretrial diversion program. Contact the State Attorney's office and request this document.
Not all counties require this for sealing (as opposed to expungement). Check with the clerk in your county. For expungement, it is mandatory.
- 5
Receive the FDLE Certificate of Eligibility
You already waited 12 weeksAlready paidFDLE mails you the Certificate of Eligibility if you may be eligible, or a denial letter if you do not. The certificate is valid for 12 months. If you do not file your court petition within 12 months, the certificate expires and you must reapply and pay the $75 fee again.
Do not sit on the certificate. You have 12 months to use it. Start preparing your court petition immediately.
- 6
Prepare and file the petition with the court
1-2 hours to prepare, 1 day to file$42 court filing fee (may vary slightly by county)Prepare your Petition to Seal or Petition to Expunge using the forms available from the clerk of court in your county or from the Florida Courts website. Attach: the FDLE Certificate of Eligibility, certified disposition, State Attorney statement (if required), and your affidavit. File with the clerk and pay the filing fee.
Some counties have their own forms. Call the clerk before preparing your petition to make sure you are using the right form.
- 7
State Attorney review period
30-60 daysFreeAfter you file, the State Attorney is notified and has the opportunity to object to your petition. If there is no objection, the court may grant the petition without a hearing. If the State Attorney objects, the court schedules a hearing.
- 8
Hearing (if required) and court order
30-60 minutes for the hearingFree (attorney fees separate if hired)If a hearing is scheduled, attend it and be prepared to explain why sealing or expungement is appropriate. If the court grants the petition, the judge signs the order. The clerk sends the order to FDLE and all relevant agencies.
Florida judges have discretion to deny sealing or expungement petitions even if you meet all technical requirements. Showing rehabilitation and explaining how the record affects your life can help.
- 9
FDLE updates your record
30-60 daysFreeAfter the court order is signed, FDLE updates your criminal history record. For sealed records, the record is removed from public view but retained by FDLE. For expunged records, FDLE physically destroys the record — it no longer exists in their system.
Run a background check on yourself 90 days after the order to confirm private background check companies have updated. Dispute any lingering records directly with the company.
What you need before you start
- FDLE Certificate of Eligibility application (download from fdle.state.fl.us)
- $75 money order or cashier's check payable to FDLE (personal checks not accepted)
- Certified disposition from the Clerk of Court showing case outcome
- Sworn statement from the State Attorney (for expungement petitions)
- Your fingerprints taken on an FDLE-approved fingerprint card
- Government-issued photo ID
- Court filing fee ($42)
- Completed petition form (sealing or expungement, from your county clerk)
- Your own affidavit or sworn statement attached to the petition
- Two copies of everything
FDLE does not accept personal checks. The $75 fee must be a money order or cashier's check. This catches people off guard — have it ready before you submit.
What sealing and expungement do — and their limits
- One per lifetime — once you use it, you cannot seal or expunge another record (with very narrow exceptions)
- Sealed records are accessible to criminal justice agencies, FDLE, certain professional licensing boards, and some government employers
- Federal records are not affected — FBI databases are separate from state records
- Immigration consequences are not resolved by state sealing or expungement
- Certain professional licenses still require disclosure of sealed records — healthcare, law, education, law enforcement
- Private background check companies may lag — run a check on yourself after 90 days and dispute lingering records
- A sealed record can be reopened by court order in limited circumstances
Despite these limits, Florida sealing removes the record from the background checks that most employers and landlords use. For most people, that is the practical benefit that matters.
Free and low-cost legal help in Florida
You can navigate Florida's sealing and expungement process without a lawyer. The FDLE application is straightforward, and many county clerks provide the petition forms. But because Florida limits you to one per lifetime, getting it right the first time is critical. If your situation is complicated, free legal help is worth seeking.
- Florida Legal Services — free legal help for income-eligible Floridians: floridalegal.org
- Legal Aid Society of the Orange County Bar Association — serves Central Florida: legalaidocba.org
- Three Rivers Legal Services — serves North Central and Northeast Florida: trls.org
- Legal Aid of Manasota — serves Sarasota, Manatee, DeSoto, and Charlotte counties: legalaidofmanasota.org
- Jacksonville Area Legal Aid — serves Northeast Florida: jaxlegalaid.org
- Florida Courts Self-Help Program — forms and instructions: flcourts.gov/resources-and-services/self-help
- Florida Bar Lawyer Referral Service — floridabar.org — reduced-fee consultations
- FDLE Seal and Expunge Process page — fdle.state.fl.us — application forms and instructions
Many Florida legal aid organizations host free sealing and expungement clinics. Contact the organization serving your county and ask about upcoming clinics.
Florida gives you one chance to clear your record. That makes preparation matter more here than anywhere else. Start with your court records: confirm whether adjudication was withheld or whether charges were dismissed. That answer determines whether you may be eligible for sealing or expungement. From there, use the free eligibility checker to see where you stand.
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