Legally Reviewed by Attorney Simon Wiseman on September 23, 2026
Every state has its own rules for individuals seeking to clear a criminal record. In Florida, both record sealing and expungement are available depending on the circumstances of your case. Below, we cover who qualifies, the eight distinct types of expungement Florida offers, and how expungement differs from sealing.
At The Wiseman Law Firm, we help clients throughout Central Florida understand which option, if any, fits their situation, and we handle the petition process from start to finish.
Who Qualifies for Expungement in Florida?
In Florida, you may qualify for criminal record sealing or expungement depending on your case and criminal history. If you were arrested but not convicted of a crime, your record may be eligible for sealing or expungement. To qualify, you must not have had a criminal record sealed or expunged before, even in another state, and you cannot have a pending petition to seal or expunge a different record. Florida also offers expungement of arrest records for arrests made contrary to law or by mistake.
If a person has been adjudicated guilty of any criminal offense in any jurisdiction, whether or not related to the charge they are applying to seal, the record is ineligible and the application will be denied. Florida conducts state, national, and criminal traffic record checks when processing applications, so every record is thoroughly examined before a certificate is issued.
8 Types of Expungement
The benefit of a sealed record is that the public, including private employers, cannot view it, and sealed or expunged arrests generally do not need to be disclosed. With a sealed record, most government agencies still have access to it, while an expunged record is not available for government view without a court order.
Administrative Expungement
Florida offers eight types of expungement depending on the nature of the case and the age of the person involved. An administrative expungement handles an arrest, adult or juvenile, that was made contrary to the law or by mistake. A person may apply for a court-ordered sealing or expungement of their record by applying for a Certificate of Eligibility, after which the court determines whether the applicant is statutorily eligible to have their Florida criminal history record sealed or expunged.
Those whose offenses qualify might receive an automatic sealing of their record when the Clerk of Court submits a qualifying certified disposition to the state, though this process does not seal records at the local level.
Juvenile Expungements
Specific types of expungement are available to juvenile offenders. A Juvenile Diversion Expungement is available to a person who completed an authorized juvenile diversion program for a misdemeanor.
An Automatic Juvenile Expungement calls for the automatic expungement of a minor’s record at age 21, or age 26 if the minor was committed to a juvenile correctional facility, provided certain conditions are met, including no forcible felony convictions as an adult.
Early Juvenile Expungement may be an option for someone between the ages of 18 and 21. A person may apply to the appropriate prosecuting attorney to approve expungement of their juvenile record if they have not been charged with or found to have committed any criminal offense within the past five years.
Human Trafficking Expungement
A victim of human trafficking may petition to expunge a record resulting from an arrest or filing of charges tied to the trafficking scheme. Victims arrested for or convicted of a prostitution or obscenity offense may petition to have the record expunged, and the petition must include:
- a sworn statement attesting they are eligible for expungement and do not have another pending petition to expunge or seal, and
- official documentation, if it exists, showing they were a victim of human trafficking.
Lawful Self-Defense Expungement
Someone who acted in lawful self-defense under Florida’s justifiable use of force provisions may apply for a Lawful Self-Defense Certificate of Eligibility with the appropriate state attorney or prosecutor.
Expungement Versus Sealing
Expungement and sealing are related but distinct remedies, and the eligibility requirements differ. We cover the distinction in detail in our companion article on the difference between expungement and sealing, including which outcome, guilty plea, dismissal, or acquittal, points toward one option over the other.
How Long Does the Process Take?
The timeline for a Florida expungement or sealing petition depends on how quickly the Florida Department of Law Enforcement processes the Certificate of Eligibility application, followed by the time it takes the court to review and rule on the petition itself. Cases with straightforward eligibility can move faster, while cases involving multiple charges or agencies can take longer. An attorney who regularly handles these petitions can help you anticipate realistic timing for your specific case.
Let The Wiseman Law Firm Help
If you want to have your record sealed or expunged in Florida, contact an experienced expungement attorney right away. Whether in filing the petition or determining your eligibility, working with an attorney helps you resolve your case efficiently and pursue the clean slate you deserve.
Contact The Wiseman Law Firm today for a free case evaluation through our online contact form. Se habla español!
Frequently Asked Questions About Expungement in Florida
How many times can you get a record expunged in Florida?
Generally only once in a lifetime, and that applies even to a record sealed or expunged in another state. An exception exists for a case that was previously sealed for at least ten years, which may later qualify for expungement.
Does a withheld adjudication qualify for expungement?
A withheld adjudication typically points toward sealing rather than expungement, since expungement generally requires that the charges were dismissed or the person was acquitted. An attorney can review your specific disposition to confirm which option applies.
Who can still see an expunged record in Florida?
The Florida Department of Law Enforcement keeps a copy of an expunged record, and certain government agencies and employers, such as those in law enforcement, education, or licensing for vulnerable populations, can still access it under specific statutory exceptions.
Can a felony conviction ever be expunged in Florida?
A conviction, felony or misdemeanor, is generally not eligible for expungement or sealing. The remedy applies to arrests that did not result in a conviction, such as dismissed charges, a withheld adjudication in some cases, or an acquittal.
Do I need an attorney to file for expungement in Florida?
You are not required to have an attorney, but the application process involves strict eligibility rules, multiple state agencies, and a court petition. An attorney who regularly handles these cases can help you avoid a denial caused by a procedural mistake.
About the Attorney
Founding Attorney, The Wiseman Law Firm
Simon Wiseman brings more than 23 years of criminal defense experience to Central Florida, including as a former state prosecutor who handled nearly 40 jury trials in Orange County. He guides clients through expungement and sealing petitions with the same insider knowledge he built on the other side of the courtroom.