Sealing or expunging a Florida record moves through a set order, and each step has to be done correctly before the next one matters. This page walks through the five steps, what the FDLE certificate requires, what goes into the petition, and how the automatic sealing track is different from the one you file yourself.
The Five Steps
The court-ordered process is the same whether you are sealing or expunging, with one difference in who certifies eligibility at the first step.
| Step | What happens |
|---|---|
| 1. Certificate of Eligibility | Apply to FDLE with a seventy-five dollar fee, fingerprints, and a certified disposition; for an expunction the State Attorney certifies eligibility; FDLE review typically takes about twelve weeks |
| 2. The certificate issues | If you qualify, FDLE issues a Certificate of Eligibility that is good for one year |
| 3. The petition | File a petition under Rule 3.692 with a sworn affidavit and a proposed order, and serve the State Attorney |
| 4. The court decides | The State responds and the judge rules; the court may deny even an eligible petition, so the presentation matters |
| 5. The order is entered | A certified order goes back to FDLE and the agencies holding the record, and the record is sealed or expunged |
I began my career as an Assistant Public Defender in Florida’s Thirteenth Judicial Circuit, in Tampa, and a record that follows someone after the case is over is something I have watched cost good people jobs, housing, and licenses. My office handles the seal and expunge process from the FDLE eligibility check through the court order. Learn more about my background.
Step One: The FDLE Certificate of Eligibility
Everything starts with FDLE. The application goes in with a seventy-five dollar fee, a fingerprint card, and a certified copy of the disposition, and for an expunction the State Attorney also has to certify that the case qualifies. Review commonly takes about twelve weeks, and when it clears, FDLE issues a Certificate of Eligibility that is good for one year. The certificate confirms the record is eligible; it does not order anything sealed.
Step Two: The Petition and the Court
With the certificate in hand, the petition is filed under Florida Rule of Criminal Procedure 3.692, together with a sworn affidavit and a proposed order, and it is served on the State Attorney. The State can respond and object, and the judge then decides. Because the court keeps discretion to deny even an eligible petition, the affidavit and the reasons offered for the relief are where careful work pays off.
Automatic Sealing Is a Different Track
Section 943.0595 added an automatic sealing process that works without any of the above. For many cases resolved on or after mid-2023 that did not involve a forcible felony or a sex-offender-registration offense and ended with no charge filed, a dismissal, or an acquittal, FDLE seals the record on its own, with no petition, no certificate, no fee, and no attorney. There is no limit on how many records can be sealed this way. The limits are real, though: it does not reach a withhold of adjudication, it runs on FDLE’s schedule and can take many months, it is not the same as expungement, and the arresting agency’s records, including a booking photo, can stay public. When you qualify for an expungement, it is usually still worth pursuing.
Other Paths to Clear a Record
The court-ordered route is not the only one. An administrative expunction under section 943.0581 can clear an arrest made by mistake or contrary to law, a lawful self-defense expungement under section 943.0578 exists when the State certifies the charge grew out of a justified use of force, and Florida has separate juvenile paths handled on the juvenile sealing and expunging page. Matching the record to the right path is the first thing I sort out with a client.
Common Questions
How long does sealing or expunging take?
Plan on several months. The FDLE certificate of eligibility review usually takes around twelve weeks on its own, and the court petition adds more time after that. Automatic sealing runs on FDLE's own schedule and can also take many months.
How much does it cost?
FDLE charges a seventy-five dollar fee for the certificate of eligibility application, which is non-refundable. There can be additional court and attorney costs depending on the case. Automatic sealing under section 943.0595 has no fee because there is no petition.
Do I need a lawyer to seal or expunge a record?
You are not required to have one for the court-ordered process, but the application and the petition have exact requirements, and a single error can cost months or a denial. Because the relief is a one-time opportunity, many folks want it done right the first time.
Can the State object to my petition?
Yes. The petition is served on the State Attorney, who can respond and object, and the judge then rules. That is one more reason the petition and supporting affidavit are worth preparing with care.
What is automatic sealing and do I still need to do anything?
Automatic sealing is FDLE sealing certain non-conviction records on its own, with no petition, certificate, or fee. It does not reach a withhold, it does not destroy the record, and it leaves some agency records public, so an expungement is often still worth pursuing when you qualify.
Related: Sealing and Expunging, Who Qualifies, Sealing vs Expunging, and Criminal Defense.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Court-ordered sealing and expunging in Florida are governed by sections 943.059 and 943.0585, Florida Statutes, the list of ineligible offenses in section 943.0584, the automatic sealing provisions of section 943.0595, and Florida Rule of Criminal Procedure 3.692. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
