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Expungement & Record Sealing

Miami Expungement andRecord Sealing Attorney

Florida record relief is a one-time opportunity for eligible cases. Expungement and sealing under § 943.0585 and § 943.059 can restore opportunities affected by an old criminal record.

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Florida law allows one expungement or sealing per lifetime. Eligibility is governed by Fla. Stat. § 943.0584 and depends on charge type, case outcome, and prior record. Careful eligibility review comes first.
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Florida Bar member since 1989
1989
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SDFL (1991), MDFL (2001)
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Florida Statutory Framework

Three Forms of Florida Record Relief

Florida law provides three statutory pathways to limit access to a criminal record. The available form depends on the case outcome, the charge category, and prior record history. Eligibility is governed by Fla. Stat. § 943.0584 and the related sections below.

01

Court-Ordered Expungement

Fla. Stat. § 943.0585. Available when charges were dropped, dismissed, or resulted in acquittal, and the case otherwise qualifies. Expungement physically destroys most records and limits access more strictly than sealing.

02

Court-Ordered Sealing

Fla. Stat. § 943.059. Available when the case ended without adjudication, including withhold-of-adjudication outcomes, and the case otherwise qualifies. Sealed records remain in existence but are removed from public access.

03

Automatic Sealing of Non-Convictions

Fla. Stat. § 943.0595. Limited automatic sealing for certain non-conviction records. Coverage is narrow, and most record relief still requires a court-ordered application under § 943.0585 or § 943.059.

Eligibility Threshold Requirements

Three Core Eligibility Requirements Under Florida Law

Florida record relief is governed by strict statutory requirements. Each application has to clear three distinct thresholds before the court can order expungement or sealing. An ineligible application can use up the once-per-lifetime opportunity, so eligibility review comes first.

1
Per Lifetime

Once-Per-Lifetime Limit

Florida law generally allows one court-ordered expungement or sealing per lifetime. The once-per-lifetime rule is strictly enforced. Choosing the right case to apply for, when more than one is potentially eligible, matters.

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Prior Convictions

No Prior Convictions

The applicant generally must not have been adjudicated guilty of any criminal offense, including the case being sealed or expunged, with limited exceptions. Prior adjudications can disqualify the entire application.

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943.0584 List

Charge Type Eligibility

Fla. Stat. § 943.0584 lists categories of charges that are statutorily ineligible regardless of outcome, including many serious felonies, sex offenses, and violent crimes. Charge-type review is mandatory before filing.

What Record Relief Restores

Where an Old Record Still Affects Daily Life

A criminal record continues to affect opportunities long after the case is closed. Successful expungement or sealing limits access to that record across most public and private contexts.

Employment and background checks. Most private employers run background checks. An open record can disqualify an applicant before an interview, and even cases that ended favorably can show as arrest records on commercial background reports. Court-ordered expungement and sealing limit what most employers can lawfully see.

Housing and rental applications. Landlords and property management companies routinely run background checks. Old arrest records or non-conviction outcomes can lead to denials. Sealed and expunged records are removed from most public-access background databases.

Professional licensing and certifications. Bar admissions, healthcare licenses, real estate, finance, education, and many other licensed professions require disclosure of criminal history. Florida law treats sealed and expunged cases differently from open records, though some licensing boards retain access. Lawful self-disclosure exceptions still apply in specific contexts identified in § 943.0585(4) and § 943.059(4).

Immigration, education, and personal opportunity. Visa and immigration applications, college admissions, security clearances, and personal background reviews can all be affected. Expungement and sealing do not eliminate every disclosure obligation, but they substantially narrow public access. Understanding what record relief does and does not do is part of the consultation, before any application is filed.

Defense Approach

How an Expungement Case Gets Built

Record relief is procedural work, but the procedure rewards careful preparation. Strong applications are built on accurate eligibility analysis, complete supporting documentation, and a clear understanding of what relief is actually available. Four areas drive the process.

Comprehensive eligibility review. Every record-relief case begins with reviewing the case history: the charge, the disposition, the adjudication status, the prior record, and the once-per-lifetime question. Eligibility under Fla. Stat. § 943.0584, § 943.0585, and § 943.059 must be confirmed before any application is filed. Filing an ineligible application can use up the lifetime opportunity without producing relief.

Certificate of Eligibility process. Most Florida court-ordered expungement and sealing applications require a Certificate of Eligibility from the Florida Department of Law Enforcement. The application package is detailed, requires fingerprinting, and involves filing fees and supporting documentation. Mistakes at this stage cause delays and resubmissions.

Filing the petition and serving the parties. After the certificate is issued, the petition for expungement or sealing is filed in the trial court of the original case. The State Attorney's Office is served and may take a position. The court reviews the petition and supporting documentation, sometimes with a hearing, before entering an order.

Realistic counseling on outcomes. Even with a granted petition, certain agencies retain access to sealed and expunged records. Lawful self-disclosure obligations apply in specific contexts. The goal is to clear what can be cleared, while making sure the client understands exactly what relief was granted and what residual disclosure obligations remain.

Common Questions

Frequently Asked Questions

What is the difference between expungement and sealing in Florida?+
Both forms of relief limit access to a criminal record, but they apply in different situations. Court-ordered expungement under Fla. Stat. § 943.0585 is generally available when the case ended in dismissal, no-action, or acquittal. Court-ordered sealing under Fla. Stat. § 943.059 is generally available when the case ended without adjudication, including withhold-of-adjudication outcomes. Expungement physically destroys most records; sealing removes them from public access while preserving them for limited official use.
Can every criminal record be expunged or sealed in Florida?+
No. Eligibility depends on the case outcome, prior record, and charge type. Florida Statute 943.0584 lists categories of offenses that are statutorily ineligible for sealing or expungement regardless of outcome, including many serious felonies, sex offenses, and violent crimes. Florida law also generally allows only one court-ordered expungement or sealing per lifetime.
How does the once-per-lifetime rule work?+
Florida law generally allows one court-ordered expungement or sealing per lifetime. If a person has multiple potentially eligible cases, the choice of which case to seal or expunge is significant. The wrong choice can use up the lifetime opportunity on a less impactful case while leaving a more harmful record open. Eligibility analysis includes evaluating which case provides the most benefit if relief is available.
What is a Certificate of Eligibility?+
A Certificate of Eligibility is issued by the Florida Department of Law Enforcement after review of the application materials, fingerprints, and supporting documentation. The certificate confirms statutory eligibility and is generally required before a petition for expungement or sealing can be filed in court. The certificate process involves an application fee and can take several months.
Who can still see a sealed or expunged record?+
Sealed and expunged records remain accessible to certain government agencies for limited purposes, including law enforcement, judicial proceedings, and applications for sensitive licenses or positions. Florida Statute 943.0585(4) and 943.059(4) identify specific contexts in which the existence of an expunged or sealed record must be disclosed, including certain professional license applications and applications to be a law enforcement officer.
Will an expunged record still appear on a private background check?+
After successful expungement or sealing, the record is removed from public-access databases used by most commercial background-check providers. However, private databases sometimes retain old data that should have been updated. Confirming that commercial reporting agencies have updated their records is part of the post-relief follow-up.
How long does the expungement or sealing process take?+
The full process commonly takes several months. The Certificate of Eligibility application and fingerprint processing typically takes several months. Once the certificate is issued, the petition is filed in the original trial court, the State Attorney's Office is served, and the court reviews the petition before entering an order. Total time depends on FDLE processing volume and the trial court's schedule.
Can a withhold of adjudication be sealed?+
A withhold of adjudication generally makes a case eligible for sealing under Fla. Stat. § 943.059, provided other eligibility requirements are met. The case is not eligible for expungement under § 943.0585 because expungement generally requires that the case ended in dismissal, no-action, or acquittal. Sealing and expungement have overlapping but distinct eligibility frameworks.
Can a federal record be expunged or sealed?+
Federal convictions generally cannot be expunged or sealed under federal law, with very limited exceptions. Fla. Stat. § 943.0585 and § 943.059 govern Florida state records. Federal record relief, where available, follows different procedures and is limited.
Do you handle expungement and sealing cases outside Miami?+
Yes. The firm handles record-relief matters across South Florida. Petitions are filed in the trial court of the original case, regardless of where the client currently lives.
Related Defense Areas

Related Criminal Matters

Most clients arrive at expungement or sealing after another type of criminal matter. Each related area carries its own defense framework.

Probation Violations

Many record-relief cases follow successful resolution of a probation matter. How a VOP case ends directly affects later eligibility for sealing or expungement.

Learn More →

Appeals & Post-Conviction

Successful post-conviction relief that vacates a conviction can restore eligibility for record relief that was previously unavailable. Coordinated post-conviction and sealing work can compound results.

Learn More →

Drug Charges

First-time drug cases that resolve through diversion or pretrial intervention often produce non-conviction outcomes that qualify for sealing under § 943.059. Diversion eligibility and sealing eligibility are linked.

Learn More →

General Criminal Defense

For record-relief matters arising from cases that span multiple charge categories, or where the case posture requires broader defense work before sealing or expungement is considered.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Florida record relief is a one-time opportunity for eligible cases. The first step is a careful eligibility review under Fla. Stat. § 943.0584, § 943.0585, and § 943.059, before any application is filed.

📞 Call (305) 774-7000 Request Eligibility Review
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