Expunging and Sealing a Florida criminal record
has become increasingly important for our clients who wish
to enhance their prospects for employment advancements, college
admission, obtaining a professional license and even qualifying for
housing (mortgages and apartments). Tilden Law represents
clients in Orlando and the surrounding Orange County and Seminole County
area who are seeking to completely erase their criminal past and start
again with a clean slate. Contact Tilden Law for a free case evaluation
to determine whether you qualify for a criminal records sealing or
Are there Different Types
of Record Expungements?
There are three (3) different
types of criminal records expunctions:
- Administrative Expungements: Florida law allows for administrative expungements
of criminal records where an individual is “incorrectly” arrested or arrested
due to “mistaken identity” or identity theft. Unlike other types of expungements,
there is no limit to the number of times someone can seek an administrative
expungement nor does it count against any prior or future expungement or sealing
- Juvenile Expungements/Sealing: Like the Administrative Expungement, Juvenile
Expungements or Sealing of criminal records generally is not counted against
the ability to seek future expungements or record sealing. Florida statutes
specifically outline the qualifying offenses or crimes eligible for criminal
record expungement (not all juvenile offenses are eligible for expungement
or sealing). Additionally, a juvenile must complete a diversion program in
order to qualify for his/her record being sealed or expunged and petition for
an expungement within six (6) months after program completion.
- Adult Record Expungement: Adult criminal records expungement and criminal
records sealing is the most often petitioned for type of records expungement.
The majority of this page is dedicated to this type of expungement unless otherwise
What will Appear on My Record
After the Expungement?
Once the criminal records expungement process is complete, your
criminal record will appear as if you were never arrested. Furthermore, you
will be able to truthfully state that you were never arrested nor prosecuted
for any expunged offense. Private employers, colleges and the general public
will not have access to any sealed or expunged criminal records. Some government
agencies however, will always be able to access sealed or expunged criminal
How Long will the Sealing or Expungement Process Take?
or expungement process can take, on average, anywhere from three (3) to nine
(9) months to complete. Because of the various agencies involved (State Attorney,
FDLE and Court) it is not possible to give an exact or definite time to complete
How Many Times Can I Have My Criminal Records Expunged or Sealed?
Under Florida law an adult may only have his/her criminal records
expunged or sealed once unless he/she had a record expunged as a juvenile through
a qualified diversion program. Additionally, mistaken arrests may be administratively
expunged without using your one opportunity.
do I Qualify for a Sealing or Expungement?
Florida Law requires that the petitioner seeking to expunge
a criminal record file an application with the Florida Department of Law Enforcement
(FDLE) declaring the following eligibility criteria:
You have never been adjudicated guilty of a Felony or Misdemeanor offense,
either as an adult or as a juvenile.
- You have never previously sealed or expunged a criminal arrest record.
- You are not currently on any type of court supervision such as probation,
community control, or house arrest.
- You were not adjudicated guilty of committing any of the acts stemming from
the arrest or alleged criminal activity for which you are seeking sealing or
- The criminal arrest record you are seeking to expunge or seal is
not listed below in our Ineligible Offenses section.
- Furthermore, if you were arrested, the Office of the State Attorney declined
to file “formal” charges against you. If formal charges were filed against
you, these charges must have been either dismissed by the State Attorney, Court
or through a pre-trial diversion program/deferred prosecution agreement.
there Crimes/Offenses that Can’t be Expunged or Sealed?
Yes. Listed below are specific criminal offenses (alphabetic
order) that are ineligible for criminal record expungement unless the charge
was dismissed, dropped or you were found Not Guilty.
arson - F.S. 806.01
- aggravated assault - F.S. 784.021
- aggravated battery - F.S. 784.045
- burglary of a dwelling - F.S. 810.02
- carjacking - F.S. 812.133
- child abuse - F.S. 827.03
- child, sex with 12 to 18 years old, by family member - F.S. 827.071
- communications fraud act violations - F.S. 817.034
- domestic violence (resulting in injury) - F.S. 741.28
- drug trafficking offenses - F.S. 893.135
- illegal drug manufacturing - F.S. Chapter 893
- elderly abuse, or abuse of a disabled person - F.S. Chapter 825
- hijacking of an aircraft - F.S. 860.16
- illegal use of explosives - F.S. 790.001
- kidnapping - F.S. Chapter 787
- lewd or lascivious offenses in the presence of persons less than 16 - F.S.
- lewd or lascivious offenses on or in presence of an elderly or disabled person
- F.S. 825.1025
- luring or enticing a child - F.S. 787.025
- manslaughter - F.S. 782.07
- murder - F.S. Chapter 782
- obscenity - providing obscene material to minors - F.S. 847.0133
- obscenity - computer pornography - F.S. 847.0135
- obscenity - selling or buying of minors for pornography - F.S. 847.0145
- procuring a person under 18 for prostitution - F.S. 796.03
- certain offenses by public employees or public officials - F.S. Chapter 839
- robbery - F.S. 812.13
- home invasion robbery - F.S. 812.135
- stalking and aggravated stalking - F.S. 784.048
- sexual battery - F.S. Chapter 794
- sexual misconduct - F.S. 916.1075, 393.135, 394.4593
- sexual performance by a child - F.S. 827.071
- terrorism - F.S. 775.30
- voyerism - F.S. 810.14
Call toll free at (877) 388-9595 or locally at (407)
599-1234 or Contact the
criminal defense firm Tilden
Law to schedule
a free case evaluation. Out of state clients are welcome and
weekend and evening appointments are available.