A criminal record can have a significant negative impact on your life. However, expungement in Florida provides an opportunity for a fresh start by legally removing your criminal record from public view.

The expungement process allows eligible individuals to eliminate arrests and criminal charges from their records. With the right legal guidance, you can effectively navigate this complicated process.

Our Florida criminal defense attorneys understand how important it is to have a clean record for:

• Employment opportunities
• Housing applications
• Educational prospects
• Professional licensing
• Peace of mind

The time it takes to get an expungement can vary depending on several factors, such as how complicated the case is and the schedule of the court. Generally, when an experienced Florida criminal defense attorney handles the case, it takes about 6-9 months from beginning to end.

In this article, we will discuss the specific steps and requirements involved in expunging your criminal record in Florida.

Understanding the Expungement Process in Florida

The expungement process in Florida follows specific legal guidelines under Florida Statutes. Our criminal defense team has guided countless clients through these steps:

Required Steps for Expungement

• Submit fingerprints through an approved law enforcement agency
• Obtain certified court documents related to your case
• Complete application forms from the Florida Department of Law Enforcement
• Secure notarized statements from the State Attorney’s Office
• Pay mandatory processing fees
• File court petitions in the appropriate jurisdiction

Eligibility Requirements

Florida Statutes 943.0585 and 943.059 set strict criteria for expungement eligibility:

• No prior expungements or sealings in Florida
• No adjudication of guilt in the case you want expunged
• No current criminal charges pending
• No felony convictions on your record
• Case must have been dismissed, dropped, or resulted in acquittal

Ineligible Offenses

Certain charges can’t be expunged under Florida law:

• Sexual offenses
• Child abuse
• Domestic violence
• DUI charges
• Stalking
• Voyeurism
• Most violent felonies

Any of these charges on your record will disqualify you from expungement. Many clients face disappointment attempting this process alone, unaware of these restrictions.

A thorough review of your criminal history determines eligibility. Our Florida criminal defense attorneys examine records to identify roadblocks before starting the expungement process.

The complexity makes professional legal guidance essential. We’ve helped clients find alternative options, including record sealing or administrative expungement in specific cases.

How Long After a Crime Can You Expunge Your Record in Florida?

In Florida, how long you have to wait to expunge a criminal record depends on how your case ended:

• If charges were dropped or you were acquitted: You may apply for expungement immediately—no waiting period applies if the case was dismissed, not prosecuted, or you were found not guilty.
• If adjudication was withheld (guilty/no‑contest plea): You must first petition to seal the record. Only after the record has remained sealed for at least 10 years, with no subsequent criminal activity, are you eligible to apply for expungement .
• If you were convicted: In almost all cases, convictions cannot be expunged in Florida . Sealing may still be possible under limited programs, but expungement is off the table.

Keep in mind, you can only expunge one criminal record in your lifetime in most cases.

Applying for Certificate of Eligibility

The Florida Department of Law Enforcement (FDLE) plays a central role in the expungement process. This state agency maintains criminal history records and reviews all expungement applications.

A Certificate of Eligibility serves as your gateway to expungement. Here’s what you need to submit to FDLE:

• A certified copy of the final disposition of your case
• A set of fingerprints taken by law enforcement
• A completed application form
• Processing fee of $75
• Certified statement from the State Attorney’s office

Our Florida criminal defense attorneys streamline this process by:

• Pre-screening your documents for accuracy
• Ensuring proper completion of all forms
• Coordinating with law enforcement for fingerprinting
• Following up with FDLE on application status

The FDLE typically takes 12 weeks or more to process applications. During this time, we maintain communication with FDLE staff to address any questions about your application.

After receiving your Certificate of Eligibility, we prepare and file a petition with the court, detailing why your case qualifies for expungement and including:

• Certificate of Eligibility
• Supporting documentation
• Sworn affidavit
• Proposed order for the judge

An experienced Florida criminal defense attorney is invaluable at this stage. Many self-filed petitions are rejected due to technical errors or missing information. Our team ensures your petition meets court requirements and presents your case effectively.

Once filed, the court clerk assigns your petition to a judge for review. Your Florida criminal defense attorney then coordinates with the court to schedule a hearing if needed.

Court Approval & What Happens After: Sealing vs. Expunging in Florida

Getting court approval is a pivotal step. A judge must review your petition and sign a court order before any sealing or expungement takes effect. Your attorney’s role is key—well-crafted petitions and thorough case presentation increase the odds of success.

Sealed Records

• Remain in existence but are removed from public access
• Visible only to specific agencies, including law enforcement and courts
• Not accessible to private employers or the public
• You typically may deny the arrest in most everyday contexts

Expunged Records

• Considered physically destroyed or obliterated, except for confidential retention by FDLE
• Removed from public access almost entirely
• Even most government agencies cannot access the full record without a court order
• This is the strongest form of record relief available

What Happens After the Judge Signs the Order

• Court clerk distributes certified copies of the order to the State Attorney’s Office, arresting agency, FDLE, and any other relevant entities
• Agencies have up to 60 days to seal or expunge the record. Most comply much sooner—often within a few weeks
• FDLE forwards orders to the FBI and updates its own systems

Within 48 hours to a few days, the court record is updated. Full implementation across all agencies may take weeks to two months, depending on the backlog .

The Real-Life Impact

• Your record will disappear from background checks, court systems, and public record services
• Removing public access can improve employment chances, housing eligibility, licensing, and educational applications
• With the strongest form of relief (expungement), you can usually deny the arrest happened

Timeline and Duration of Expungement Process in Florida

In Florida, the expungement process typically takes six to nine months, depending on the complexity of the case and court scheduling.

Step 1: Certificate of Eligibility
You must first apply to the Florida Department of Law Enforcement (FDLE) with fingerprints, court documents, and a statement from the State Attorney’s Office. FDLE processing usually takes about three months, though delays may extend it to four to six months.

Step 2: Court Petition
After receiving your certificate, your attorney files a petition with the court. Judicial review generally takes 30 to 90 days. Some cases are approved without a hearing; others may require one.

Step 3: Record Clearance
Once the judge signs the order, state agencies have up to 60 days to seal or expunge the record. Most comply sooner.

Factors That Can Delay the Process
Court backlogs, incomplete paperwork, or multiple charges can increase processing time.

How to Stay on Track
Submit accurate, complete documents and track all deadlines. An experienced expungement attorney can help you avoid common mistakes and keep your case moving forward.

Juvenile Records and Special Circumstances in Expungement Cases

Florida law provides several options to expunge juvenile records, helping young people move forward without a lasting criminal history.

Most juvenile records are automatically expunged at age 21. For those committed to a facility or classified as serious or habitual offenders, expungement occurs at age 26. Automatic expungement only applies if there are no adult convictions and no adjudication for a forcible felony.

Florida also allows early expungement between ages 18 and 21 if the individual has remained crime-free for five years and the offense was committed before age 18. Early expungement requires approval from the State Attorney’s Office.

Another option is diversion program expungement. Juveniles who complete an eligible pre- or post-arrest diversion program may apply to expunge the related arrest record. The application must be submitted within six months of program completion and must include certification from the State Attorney.

To qualify for expungement, individuals must submit certified court records, fingerprint cards, and supporting documentation. Expungement is not available for serious violent offenses, transfers to adult court, or if new charges occurred within the past five years.

A Florida criminal defense attorney can help determine eligibility and ensure all legal requirements are properly met.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters During the Expungement Process

The expungement process requires careful attention to detail and a strong understanding of the law. Even a small mistake on your application can result in delays or denial of your request to have your criminal record sealed.

Our Florida criminal defense attorneys have the knowledge and experience needed to handle your case effectively:

• Document Preparation: We make sure all forms are completed accurately and submitted with the necessary supporting documents
• Legal Analysis: We examine your case to identify potential issues before they become problems
• Timeline Management: We keep track of deadlines and follow up with relevant agencies
• Strategic Guidance: We provide advice on the best approach based on your specific situation

Many clients who try to go through the expungement process without legal assistance encounter unnecessary obstacles. Some common mistakes include:

• Missing important documents
• Submitting incorrect forms
• Misunderstanding eligibility requirements
• Failing to meet strict deadlines

A skilled Florida criminal defense attorney is there to protect your interests throughout the entire process. We have successfully helped many clients navigate Florida’s expungement system, making complex legal procedures easier to understand and manage.

Contact Us for a Free Consultation

Don’t let a criminal record hold you back from future opportunities. Our experienced legal team has helped countless Florida residents successfully navigate the expungement process.

We offer a free consultation to discuss your case and determine your eligibility for expungement. During this meeting, we’ll:

• Review your criminal record
• Assess your eligibility for expungement
• Create a customized legal strategy
• Explain the process in simple terms
• Answer all your questions

Our track record speaks for itself. We’ve helped clients from all walks of life clear their records and move forward with confidence. Take the first step toward a clean slate. Contact us today to schedule your free consultation.