Arrested in Florida but never convicted? Even if your case was dismissed or resulted in a withhold of adjudication, the record of your arrest may still show up in background checks. In Florida, a criminal record can impact your employment, housing, education, and even your professional licensing. The good news? Florida law allows eligible individuals to seal or expunge their criminal records, offering a fresh start and protection from public scrutiny.
What Does It Mean to Seal a Criminal Record in Florida?
When a record is sealed, it becomes confidential and is no longer visible to the public. This means most employers, landlords, and private organizations will not see the record on a standard background check. Although the record still exists, it is hidden from public access and only available to certain government agencies under limited circumstances.
✅ Florida law governing record sealing: Florida Statutes § 943.059
Why Sealing Your Record Matters
A criminal record—even without a conviction—can cause lasting damage:
- Employment: A job offer is revoked after a background check reveals an old dismissed charge.
- Housing: A rental application is denied due to an arrest that never led to prosecution.
- Education: A college applicant loses a scholarship because of a minor charge from years ago.
Even one incident on your record can derail your plans. That’s why sealing your Florida criminal record can be a critical step in protecting your future.
Who Qualifies to Seal a Record in Florida?
To seal your record in Florida, you must meet certain legal criteria under Florida Statutes § 943.059 and Florida Administrative Code Rule 11C-7.007.
You may be eligible if:
- No prior record sealing or expungement (with rare exceptions).
- You were not convicted (you received a withhold of adjudication).
- Your offense is eligible for sealing (see disqualifying crimes below).
- You have no current charges pending.
- You have no prior adjudications of guilt as an adult or juvenile.
💡 Out-of-state convictions do not automatically disqualify you from sealing your Florida case.
Crimes That Cannot Be Sealed
Some offenses are ineligible for record sealing, even if you received a withhold of adjudication.
Disqualifying charges under Florida Statutes § 943.0584 include:
- Sexual offenses (e.g., sexual battery, lewd or lascivious acts)
- Violent crimes (e.g., aggravated assault, child abuse, stalking)
- Domestic violence-related charges
- Certain drug trafficking offenses
- Any offense that requires registration as a sexual offender
If you’re unsure whether your case qualifies, our legal team can review your record and give you a clear answer.
The Florida Record Sealing Process
Here’s how the process typically works:
- Apply for a Certificate of Eligibility through the Florida Department of Law Enforcement (FDLE).
- File a petition in the court where the charge occurred.
- Await court review—some cases are approved without a hearing, unless the State Attorney objects.
💡 The process usually takes 6-9 months, and errors in paperwork or eligibility can cause delays. That’s why having an experienced expungement lawyer makes a big difference.
What Are the Benefits of Sealing Your Criminal Record?
Once your record is sealed:
- ✅ You can legally deny the existence of the sealed case (with limited exceptions).
- ✅ Most employers and landlords won’t see the sealed offense during background checks.
- ✅ Educational institutions and private entities will not have access to the sealed record.
- ✅ You regain freedom, privacy, and peace of mind.
When You Still Must Disclose a Sealed Record
Under Florida law, there are specific situations where you must still disclose a sealed record, including:
- Applying for a law enforcement or criminal justice job
- Seeking admission to the Florida Bar
- Applying for a professional license (e.g., nurse, teacher, doctor)
- Applying to work with vulnerable populations (children, elderly, or disabled)
- Requesting a concealed weapon license
See disclosure exceptions in:
Take the First Step Toward Clearing Your Record
The process of sealing your Florida criminal record is technical and time-sensitive, but the outcome is life-changing. Don’t miss your opportunity to clear your name and take control of your future.
📞 Contact our Florida criminal defense firm today for a consultation. We’ll evaluate your case and guide you through the process—step by step.
FAQs:
Q: Can I seal my record if the charges were dropped?
A: You may be eligible to expunge your record instead. We can help determine which remedy is right for your case.
A: It typically takes 6-9 months, depending on the complexity of the case and the court's schedule.