Can You Expunge or Seal a Criminal Record in Florida?

Walking through the historic streets of St. Augustine or driving down A1A should feel like a fresh start, but a past mistake on your criminal record can make the future feel out of reach. Whether you are applying for a job at a local business or trying to rent an apartment near the bayfront, a background check often reveals details you would rather leave in the past. Many people ask us, “Can you expunge or seal a criminal record in Florida?” The answer depends on the specific facts of your case and the type of charges you faced.

In Florida, the law provides two primary ways to hide or remove a criminal history from public view. These processes are not the same, and the eligibility requirements are strict. Understanding the difference between sealing and expunging is the first step toward clearing your name.

The Difference Between Sealing and Expunging

While both processes limit who can see your record, they function differently under Florida Statutes.

When a record is sealed, it is highly restricted. The public cannot access it through a standard background check, but the physical record still exists in the archives of the Florida Department of Law Enforcement (FDLE) and the Clerk of Court in St. Johns County. Most employers will never see a sealed record, though certain government agencies and licensing boards still have access.

Expungement offers a deeper level of privacy. When a record is expunged, the court orders the physical destruction of the record by the criminal justice agencies, except for the FDLE, which keeps a confidential copy. In most situations, once a record is expunged, you can legally state that you have never been arrested for that specific incident.

Who Qualifies for a Record Sealing?

You may qualify to have your record sealed if your case resulted in a withholding of adjudication. This means the judge did not formally convict you of the crime. Even if you served probation or paid fines, as long as the court stayed the formal judgment, you might be eligible.

Florida law prohibits sealing records for certain serious offenses, even if adjudication was withheld. According to Florida Statute 943.059, crimes such as arson, sexual battery, carjacking, and home-invasion robbery cannot be sealed.

Who Qualifies for an Expungement?

Expungement is generally reserved for cases where the charges were dropped, dismissed, or never filed by the State Attorney’s Office. If you went to trial and a jury found you not guilty, or if the prosecutor filed a Nolle Prosequi, you may meet the criteria for expungement.

But there is a catch. You cannot expunge a record if you have ever been adjudicated guilty of any criminal offense in Florida, regardless of whether that offense is related to the record you want to clear. Historically, Florida operated on a one-time rule for court-ordered clearing, but recent legislative updates in 2026 have expanded opportunities for those who maintain a conviction-free record over several years for certain non-violent offenses.

The Automatic Sealing Process in Florida

Recent changes to Florida law have introduced automatic sealing for certain records. The FDLE will generally seal a criminal justice record if the charges were dismissed by the court or if the State Attorney decided not to prosecute.

This automatic process sounds convenient, but it does not apply to all situations. It only covers records where all charges in the case were dismissed. If you were charged with two crimes and one was dropped while you pleaded to the other, you would likely need to follow the traditional petition process rather than relying on the automatic system.

Steps to Clear Your Record in St. Johns County

The path to a clean record starts with an application to the FDLE for a Certificate of Eligibility. This is a rigorous background check where the state confirms you have no prior convictions that disqualify you. This stage often takes several months.

Once you receive your certificate, we must file a Petition to Seal or Expunge in the Seventh Judicial Circuit Court. This petition includes a sworn statement and the certificate from the FDLE. We then serve these documents to the St. Johns County State Attorney’s Office.

If the prosecutor does not object, the judge may sign the order without a hearing. If there is an objection, we may need to appear in court at the Richard O. Watson Judicial Center in St. Augustine to argue why the record should be cleared. Once the judge signs the order, it is sent to the Sheriff’s Office and the Clerk of Court to ensure they update their systems.

Why Some Petitions Are Denied

Not every application is successful. The most common reason for a denial is a prior adjudication of guilt. If a person forgets about a minor misdemeanor from 20 years ago where they pleaded guilty and were convicted, that conviction will block any future attempts to seal or expunge a different record.

Another common hurdle involves the specific list of non-sealable offenses. Even if you were not convicted, Florida law lists several dozen crimes that the state refuses to hide from public view for safety reasons. These include various violent crimes and specific acts involving minors.

Moving Forward with Your Life

A criminal record does not have to be a permanent barrier. The laws in Florida are complex, but they exist to give people who have remained out of trouble a second chance. Because the process involves multiple state agencies and strict deadlines, many residents in St. Augustine find that professional guidance helps prevent small errors that could lead to a denial.

We understand how much is at stake when your reputation is on the line. At Shoemaker Law, we focus on helping our neighbors move past the stress of a criminal history. We can review your specific situation and determine if you meet the requirements set by the state.

If you are ready to see if you can clear your name, contact us for more information. We offer free consultations to discuss your eligibility and help you understand the next steps in the process. Call us today at 904-736-3387 to schedule your appointment.