Can You Seal or Expunge a Criminal Record in Florida?
People ask me this question more than almost any other, and I understand why. An old arrest or criminal case can follow someone through job applications, apartment searches, and professional licensing for decades. The good news is that Florida law gives many people a real path to erasing that history. The less good news is that the rules are strict, and whether you qualify comes down to a couple of very specific questions.
Let me walk you through them, because getting the wrong answer on either one stops the whole process before it starts.
Think You Might Qualify to Seal or Expunge Your Record?
This is one of the most impactful things we do for our clients, and the process is more involved than most people expect. Call John Guidry at (407) 423-1117 to find out if you qualify and what the next step looks like.
Question One: Have You Ever Had a Conviction in Florida?
This is the threshold question, and if the answer is yes, the conversation ends there. Florida law bars anyone with a prior conviction from sealing or expunging any criminal record. That applies whether the conviction you’re thinking about is the case you want to erase or something else entirely. It applies to felonies and misdemeanors alike. Even a minor criminal traffic conviction from years ago — a reckless driving charge, a driving while license suspended — can disqualify you permanently.
Here’s where the law gets a little unexpected. Out-of-state convictions don’t count against you for this purpose. Florida will let those slide. However, any Florida conviction anywhere on your record, no matter how minor or how long ago, will block you from sealing or expunging a current case. That’s the rule, and it doesn’t bend.
Question Two: What Happened to the Case You Want to Erase?
Assuming you’ve never had a conviction in Florida, the second question is about the specific case you want to seal or expunge. How did it resolve?
If the case was dismissed or the state never filed charges, that’s excellent news. An expungement lets the court physically destroy the record rather than just hiding it.
If you entered a plea, things get more nuanced. To seal a case you pled to, the judge had to withhold adjudication at sentencing. A withhold means the court accepted your plea but didn’t formally convict you. That distinction matters enormously. With a withhold on your record, you may well qualify to have the case sealed.
However, Florida law permanently excludes a range of serious offenses from sealing — domestic violence battery, sexual battery, and others — regardless of how the case resolved or what adjudication the judge entered. Each situation requires a closer look at the specific charge before anyone can say with confidence whether sealing applies.
Why This Process Requires an Attorney
The application process runs through FDLE in Tallahassee, involves specific fingerprinting requirements, a certified case disposition, a $75 application fee, and typically takes six months or more just to receive a Certificate of Eligibility. After that, the actual petition goes to the court, which is a separate legal process. Our office handles sealing and expunging cases throughout Florida regularly, and the difference between a properly filed petition and an improperly assembled one often means the difference between a clean record and another six months of waiting.
If a judge tries to deny a petition without a specific reason grounded in evidence, Florida appellate courts have consistently overturned those denials. However, getting to that point requires knowing how to file the petition correctly from the start.
If You Want More Related Content
Check out our more videos and breakdown articles covering major updates in Florida defense law. You can also use the links below to stay informed. Learn how to protect your constitutional rights when dealing with law enforcement.
Watch: Can I Erase My Criminal Record?
Read: https://jgcrimlaw.com/articles/how-long-does-it-take-to-expunge-a-case/
John’s Takeaways
- A prior Florida conviction disqualifies you entirely, no matter how minor it was or how long ago it happened. Out-of-state convictions don’t count against you.
- Dismissed cases qualify for expungement. Florida law lets the court physically destroy those records, not just hide them.
- A plea that resulted in a withhold of adjudication may qualify for sealing, but not all charges are eligible even with a withhold — the specific offense matters.
- You only get one chance. Florida limits each citizen to one lifetime court-ordered seal or expunge. Use it wisely.
- The process runs through FDLE and the court, takes months, and has strict requirements. Getting it right the first time saves you from starting over.
Ready to Find Out If You Qualify? Let’s Talk.
Our office handles sealing and expunging cases all throughout Florida, and we do this all the time. I represent clients across Orange, Seminole, Osceola, Lake, Brevard, and Volusia County.
Give my office a call and we’ll take a look at your situation. If you qualify, we’ll take good care of you.
John Guidry — (407) 423-1117
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.