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Let us help answer the most common questions you might have.
Both sealing and expungement result in the general public no longer having access to the criminal history record. Expunged records are destroyed except for one copy retained by the Department of Law Enforcement and by the court. Sealed Records are available only to the subject of the record or the subject’s attorney.
It can take up to 6 months, or longer if you submit an incomplete application. By visiting the FDLE website you can see the current month’s applications that are being processed.
Expungement is possible when no charges were filed or all the charges from an arrest were dismissed prior to trial. In the case of deferred judgments, if the record has been sealed for 10 years it is eligible to be expunged.
Florida law currently only allows the criminal history record from a single arrest be sealed or expunged. However, if a court decides that multiple arrests are directly related the court has the power to order the criminal history record from the related arrests be sealed or expunged.
The court cleark is responsible for sending certified copies of the order to the State Attorney’s Office and the arresting agency. The arresting agency is then responsible for sending a certified copy of the court order to all agencies that the arresting agency disseminated the criminal history information to.
Sealing is available in cases where there has been no adjudication of guilt, as well as in cases where adjudication has been withheld – except that certain serious sexual and violent offenses are not eligible for sealing in withheld cases.
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