Español
A criminal record can follow you for years, even when the charges were dropped and you were never convicted. Employers, landlords, schools, and licensing boards all run background checks, and a single old arrest can quietly close doors you did not even know were closing.
Florida law offers a way out for many people through record sealing and expungement, but the rules are strict and easy to get wrong. A mistaken assumption, a missed step, or the wrong petition can cost you the one chance the law gives you.
At Weldon Law Group, PLLC, our Jacksonville attorneys help people across Northeast Florida clear their records and start fresh. Attorney Ian Weldon, a former Jacksonville public defender, and our team handle the process from the first eligibility review through the final court order, so it is done right the first time.
People often use these terms interchangeably, but under Florida law, they are two different remedies with different effects. Understanding which one applies to you is the starting point for everything that follows, and it is governed by Fla. Stat. §943.0585 and related statutes.
Feature | Record Sealing | Expungement |
What happens to the record | Hidden from public view | Physically destroyed in most databases |
When it generally applies | Adjudication was withheld (no conviction) | Charges were dismissed, dropped, or ended in acquittal, or the record has been sealed for 10 years |
Who can still access it | Certain agencies keep a confidential copy | A limited confidential copy remains for narrow legal uses |
For most people, expungement is the stronger outcome because the record is destroyed rather than simply hidden. But which remedy you can pursue depends almost entirely on how your case ended, not on which one you would prefer.
Eligibility is where most people go wrong, in both directions. Many assume they do not qualify when they actually do, and others assume they do when a hidden detail disqualifies them. A careful review of your exact charges and dispositions is the only way to know for sure.
You may be eligible to clear your record when:
One rule surprises almost everyone: Florida generally allows you only one sealing or expungement in your entire lifetime. That single chance is exactly why filing correctly matters so much.
Florida law permanently bars certain offenses from being sealed or expunged, even when adjudication was withheld. These include:
It is also important to know that being adjudicated guilty of any charge in a case, meaning an actual conviction, removes eligibility entirely.
Before assuming you need to file anything, it is worth knowing that Florida now automatically seals some records. When a case is dismissed, not filed, or ends in acquittal, and the charge is not a serious felony, the state’s records may be sealed by operation of law, without you doing anything.
This is genuinely helpful, but it has real limits that catch people off guard:
In other words, automatic sealing is a helpful backstop, not a complete solution. For many people, a court-ordered sealing or expungement is still the only way to fully clear the record.
Contact us for more information about our services.
Clearing a record in Florida is a multi-step legal process, not a single form, and each step has to be done correctly:
From start to finish, the process commonly takes several months to a year, depending on FDLE processing and the court’s schedule. Small errors along the way are one of the most common reasons petitions are delayed or denied.
A successful sealing or expungement can lift a weight that has followed you for years. The practical benefits reach across your life:
There are important exceptions to keep in mind. Even after your record is cleared, you generally must still disclose it in specific situations, such as applying to work in law enforcement, seeking admission to The Florida Bar, or certain sensitive licensing. Knowing where the protection applies, and where it does not, is part of getting sound advice.
Because Florida gives most people only one opportunity to clear a record, getting it right the first time is everything. What sets our approach apart:
More than the paperwork, we treat an expungement as a chance to close a chapter for good. When the law can help, we pursue that one opportunity with care. When it cannot, we tell you plainly, so you are never left guessing.
Question | Answer |
How long does it take to clear a record in Florida? | The full process commonly runs several months to about a year. The Certificate of Eligibility alone typically takes a few months at FDLE, and the court petition and hearing follow after that. Filing a complete, correct application from the start is the best way to avoid added delays. |
Can I clear more than one case in my lifetime? | Usually not. Florida generally permits only one sealing or expungement per person, covering a single arrest record. A narrow exception allows expunging a record that has already been sealed for at least 10 years, but for most people the one-time limit makes the first attempt critical. |
If my record is cleared, do I have to disclose it to employers? | In most cases, no. You can lawfully deny the arrest for ordinary jobs and applications. The exceptions are specific, such as applying to a law enforcement agency, the Florida Bar, or certain licensed professions, where disclosure may still be required. |
Can a DUI be expunged in Florida? | Not if it ended in a conviction. A DUI conviction cannot be sealed or expunged, which is one reason fighting the charge matters so much. If the DUI was dropped or reduced to a non-disqualifying offense, clearing it may become possible. |
Will an expunged record still show up anywhere? | Government agencies keep a confidential copy accessible only for limited legal purposes, so it is not visible in ordinary background checks. Private data companies that copied the record earlier may still show old information, which sometimes requires follow-up to correct. |
Does clearing my record remove a conviction? | No. Sealing and expungement are for cases that did not end in a conviction. If you were adjudicated guilty, the record is not eligible, which is a key reason the outcome of the original case is so important. |
"*" indicates required fields
