A criminal record in Florida does not disappear with time. Even if charges were dropped or the case was dismissed, the record remains public unless it is sealed or expunged. For many Floridians, this means lost job offers, housing rejections, and missed opportunities. Knowing how to get your record expunged in Florida is the first step toward a genuine second chance.
For more details on eligibility and process, see this guide on How To Expunge a Record in Florida.
Step 1: Understand Eligibility
Florida has some of the strictest expungement laws in the country. To qualify:
- You cannot have been convicted of the offense.
- You must not have a prior expungement or sealing.
- Certain crimes, such as violent or sexual offenses, are ineligible.
Eligibility is confirmed through a Certificate of Eligibility issued by the Florida Department of Law Enforcement (FDLE). Without it, no petition can move forward.
Step 2: Apply for a Certificate of Eligibility
The FDLE application requires fingerprints, a certified case disposition, a notarized form, and a $75 fee. Processing can take months, and errors in paperwork cause delays. This stage is where many applicants stumble.
Step 3: File a Petition With the Court
Once FDLE issues the certificate, you must file a petition in the circuit court where the case began. The petition includes the certificate, sworn affidavits, and supporting documents. A judge reviews the petition, and if approved, orders the record sealed or expunged.
Step 4: Notify Agencies and Databases
Court orders direct government agencies to seal or destroy records. But private background check companies and mugshot websites often keep outdated information. That’s why even after expungement, many Floridians are surprised to see their cases still appear on job screenings.
A complete cleanup requires contacting these private databases directly.
Why Expungement Alone Is Not Enough
Florida law only governs state agencies. It does not automatically force private background check providers to update their systems. Without follow-up, a supposedly “expunged” record can still appear online. This is why many people turn to expungement experts who ensure that both public and private records are erased.
How Long Does It Take?
On average, getting a record expunged in Florida takes six months to a year. FDLE review is the slowest part. With experienced legal help, some cases are resolved in as little as 90 days. For someone waiting on a job offer, that speed can be critical.
Why Work With a Lawyer
The expungement process is paperwork-heavy and highly technical. Mistakes—such as filing in the wrong county or missing required affidavits—can add months of delay. Lawyers help by:
- Checking eligibility before filing.
- Preparing and submitting documents correctly.
- Representing clients in court.
- Coordinating removal from private background check providers.
Erase The Case, founded by Florida attorney David Weisselberger, is the only firm in the state dedicated exclusively to expungement. With a 99.7% success rate and average case completion in 90 days, the firm goes beyond court filings to ensure what they call “ultimate criminal record expungement.”
Final Thoughts
Knowing how to get your record expunged in Florida means recognizing three realities: records stay for life unless cleared, the process is time-consuming and technical, and even after court approval, private databases must be addressed.
For Floridians hoping to rebuild careers and restore opportunities, expungement offers more than a legal solution—it offers a genuine second chance.
