Overview of Florida’s Court-Ordered Seal/Expunge Process
To have a criminal history record sealed or expunged, the applicant must be eligible under Florida state law (Florida Statute 943). The Florida Department of Law Enforcement (FDLE) provides detailed information pertaining to the Florida state laws and requirements for sealing or expunging a criminal history record on their web site at: www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home
Sealing and Expungement – What is it?
If you have ever been arrested (even if you were never formally charged), the record of your arrest and court case become public record and remain so unless ordered sealed or expunged by a Judge.
Under Florida law, you may be eligible to have a criminal history record sealed or expunged. You are only permitted to have one criminal history record sealed or expunged in your lifetime under the court-ordered expunction process.
Sealing:
If you were found not guilty at trial, pled guilty or no contest to the charges, or were found guilty after a trial and adjudication was withheld (meaning you were not convicted), then you may apply for sealing as long as it’s not one of the disqualifying charges under S. 943.0584, F.S.
Expungement:
You may apply for an expungement if all of the charges in the case were either not filed by the state (No Info), dismissed by the judge or dropped by the State (Nolle Prossed) or a judgment of acquittal was rendered by a judge, or a verdict of not guilty was rendered by a judge or jury.
You may also qualify for an expungement if you previously obtained a court-ordered sealing of your criminal history record for a minimum of 10 years.
Before you apply for a sealing, you must have completed all parts of your sentence, including completing your probation, paying all court costs and paying all restitution that was ordered by the judge.
IF YOUR CRIMINAL HISTORY RECORD IS – SEALED
The person may deny or fail to acknowledge the arrest/incident sealed except when:
• Applying for a job with a criminal justice agency
• When a defendant in a criminal prosecution
• Applying for sealing or expungement
• Applying for admission to the Florida Bar
• Seeking employment with or licensing by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or in a sensitive position having direct contact with children, the developmentally disabled, the aged or the elderly.
• Seeking employment or licensing with the Department of Education, any district school board, university laboratory school, charter school, any private or parochial school or any local governmental entity that licenses child care facilities.
• Seeking authorization from a Florida seaport for employment within or access to one or more seaports
• Attempting to purchase a firearm and are subject to a criminal background check
If SEALED, your record is available only for these reasons and only to the agencies listed above.
IF YOUR CRIMINAL HISTORY RECORD IS – EXPUNGED
The person may deny or fail to acknowledge the arrest/incident sealed except when:
• Applying for a job with a criminal justice agency
• When a defendant in a criminal prosecution
• Applying for sealing or expungement
• Applying for admission to the Florida Bar
• Seeking employment with or licensing by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Juvenile Justice, or in a sensitive position having direct contact with children, the developmentally disabled, the aged or the elderly.
• Seeking employment or licensing with the Department of Education, any district school board, university laboratory school, charter school, any private or parochial school or any local governmental entity that licenses child care facilities.
• Seeking authorization from a Florida seaport for employment within or access to one or more seaports
If EXPUNGED, your record is no longer available to anyone without a court order, not even you.
How to have your record sealed or expunged?
Sealing or Expungement of a criminal history record in Broward County is a process that requires several steps:
STEP 1
You must first apply for a “Certificate of Eligibility to Seal or Expunge” from the Florida Department of Law Enforcement (FDLE). FDLE requires that you complete their application and submit it with all the required supporting documents (for example: a copy of the final case disposition that is officially certified by the Clerk of Courts; a record of your fingerprints). FDLE will process the application and will run a nationwide background check to determine if your record qualifies for sealing or expungement.
STEP 2
If you qualify and FDLE issues you a “Certificate of Eligibility” to either seal or expunge, you will then have to file a Petition to Seal or Expunge with the Broward County Courts.
You will need to provide your “FDLE Certificate of Eligibility” when you file your Petition. The FDLE Certificate is valid for only 12 months and if your certificate expires, you will have to start the process over again and reapply for a new FDLE Certificate of Eligibility.
STEP 3
If your Petition to Seal or Expunge is granted by the court, a Judge will sign an Order requiring all law enforcement agencies involved in your arrest to seal or expunge your record.
The Broward County Clerk of Courts distributes a certified copy of the Judge’s Order to all law enforcement agencies that have your record on file and a copy will also be mailed to you. Your copy of the certified Judge’s Order is your confirmation that you have completed the entire process.
DO THE FOLLOWING APPLY?
Before beginning this process, the following questions will help you determine whether or not you may qualify to have your criminal history record sealed or expunged.
1. Do you have any adjudications(convictions), as an adult on your record for a felony, misdemeanor or criminal traffic offense (for example: Driving while license suspended/cancelled/revoked, No valid DL, DUI, etc.)?
2. Have you ever been adjudicated(convicted) as a result of a violation of probation?
3. Have you ever had a case sealed or expunged before or do you have a petition to seal or expunge pending in any jurisdiction?
4. In the case you want sealed or expunged, did you plead guilty or no contest to, or were you found guilty after a trial, of any of the following crimes:
Offenses listed in S. 943.0584, F.S.
• Sexual misconduct, as defined in s. 393.135, s. 394.4593, or s. 916.1075;
• Illegal use of explosives, as defined in chapter 552;
• Terrorism, as defined in s. 775.30;
• Murder, as defined in s. 782.04, s. 782.065, or s. 782.09;
• Manslaughter or homicide, as defined in s. 782.07, s. 782.071, or s. 782.072;
• Assault or battery, as defined in ss. 784.011 and 784.03, respectively, of one family or household member by another family or household member, as defined in s. 741.28(3);
• Aggravated assault, as defined in s. 784.021;
• Felony battery, domestic battery by strangulation, or aggravated battery, as defined in ss. 784.03, 784.041, and 784.045, respectively;
• Stalking or aggravated stalking, as defined in s. 784.048;
• Luring or enticing a child, as defined in s. 787.025;
• Human trafficking, as defined in s. 787.06;
• Kidnapping or false imprisonment, as defined in s. 787.01 or s. 787.02;
• Any offense defined in chapter 794;
• Procuring a person less than 18 years of age for prostitution, as defined in former s. 796.03;
• Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age, as defined in s. 800.04;
• Arson, as defined in s. 806.01;
• Burglary of a dwelling, as defined in s. 810.02;
• Voyeurism or video voyeurism, as defined in ss. 810.14 and 810.145, respectively;
• Robbery or robbery by sudden snatching, as defined in ss. 812.13 and 812.131, respectively;
• Carjacking, as defined in s. 812.133;
• Home-invasion robbery, as defined in s. 812.135;
• A violation of the Florida Communications Fraud Act, as provided in s. 817.034;
• Abuse of an elderly person or disabled adult, or aggravated abuse of an elderly person or disabled adult, as defined in s. 825.102;
• Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person, as defined in s. 825.1025;
• Child abuse or aggravated child abuse, as defined in s. 827.03;
• Sexual performance by a child, as defined in s. 827.071;
• Any offense defined in chapter 839;
• Certain acts in connection with obscenity, as defined in s. 847.0133;
• Any offense defined in s. 847.0135;
• Selling or buying of minors, as defined in s. 847.0145;
• Aircraft piracy, as defined in s. 860.16;
• Manufacturing a controlled substance in violation of chapter 893;
• Drug trafficking, as defined in s. 893.135; or
• Any violation specified as a predicate offense for registration as a sexual predator pursuant to s. 775.21, or sexual offender pursuant to s. 943.0435, without regard to whether that offense alone is sufficient to require such registration.
If you answered “Yes” to any of these questions, you cannot get your record sealed or expunged.
If you answered “No” to all of these questions, you may be eligible and should continue on to the pre-qualification process.
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I acknowledge that I have read and understood the above overview of Florida’s Court-Ordered Seal/Expunge Process and do not believe that there are any grounds for disqualification based on the guidelines above. I understand that the State Attorney’s Office will do a preliminary review based on my criminal history to determine eligibility and that this in no way guarantees that I will qualify to have my record sealed or expunged.
