Every time you apply for a job, apartment, or professional license in Florida, that old arrest pops up on the background check, and you feel your stomach drop. You did not go to prison, maybe the case was even dropped, but the record is still there for anyone with a computer to see. It can feel like a single mistake or misunderstanding is following you for years.
If you are in that situation, you are not alone. We talk to people across Panama City and the Florida Panhandle who are shocked to learn how visible their criminal history really is and how often employers and landlords use it. Florida law does give many people a way to limit that damage through record sealing and expungement, but the process is more involved than most think, and the rules are strict.
At Shepard Law, our criminal defense practice is built around protecting our clients’ futures, not just getting them through court dates. Our founding attorney, Rusty Shepard, is a former prosecutor, and we use that inside perspective when we review records, evaluate eligibility, and guide clients through expungement or sealing. This guide walks through each step of the Florida expungement process so you know what to expect and when it makes sense to get help.
How A Florida Criminal Record Follows You
In Florida, an arrest is not a private event that stays in a file cabinet at the police station. When someone is arrested, fingerprinted, or charged, that information is reported to the Florida Department of Law Enforcement (FDLE) and often appears in the clerk’s court records for the county where it happened. Private background check companies gather data from these sources and resell it to employers, landlords, and others who run screenings.
For many of our clients in Panama City, the first sign of trouble is a lost opportunity. A teacher’s aide job disappears after a routine check. A nursing school application stalls. A military recruiter suddenly stops returning calls. Sometimes the person never even went to trial, but the arrest or charge still shows up. Even if adjudication was withheld, the fact of the case can be enough to raise red flags.
This can be especially damaging for professionals and students. Licensing boards in fields like healthcare, education, and finance often ask detailed questions about criminal history. Graduate programs and scholarship committees may do the same. When a record appears without context, it can overshadow everything else in your file. That reality is why Florida created record sealing and expungement, which are designed to limit public access and give people a fair chance to move forward.
The Difference Between Record Sealing vs. Expungement In Florida
Florida law draws a clear distinction between sealing and expungement, and understanding the difference is essential before starting the expungement process in Florida.
Sealing a Record
- Places the record under restricted access.
- Removes it from general public view and most private background checks.
- May still allow certain government agencies and statutorily authorized employers to access it.
- Often available when adjudication was withheld.
Expunging a Record
- Directs FDLE to remove the record from public dissemination.
- Requires most agencies to destroy their copies, except for one confidential copy.
- Generally available when a case was dismissed, nolle prossed, or resulted in a not guilty verdict.
- Offers stronger protection than sealing.
After properly sealing or expunging a record, Florida law generally allows you to lawfully deny the arrest in most private employment and housing contexts. However, exceptions apply for certain sensitive positions, including law enforcement and some professional licenses.
Choosing between sealing and expungement depends on how your case ended and your overall record. Many assume expungement is always better, but eligibility rules may limit you to sealing. Careful review before filing can save months of frustration.
Who Is Eligible To Expunge A Record In Florida
Eligibility to expunge a record in Florida is governed by strict statutory rules. Many applications are denied because applicants misunderstand these requirements.
Key factors include:
- Adjudication of Guilt: If you have ever been adjudicated guilty of a criminal offense, even in an unrelated case, that prior adjudication may block sealing or expungement. A withhold of adjudication is different and may preserve eligibility for sealing.
- One-Time Relief Rule: In most cases, you can receive only one sealing or expungement in your lifetime. Prior juvenile relief or earlier record sealing can make you ineligible.
- Case Outcome: Expungement is typically available only if the case ended in dismissal, nolle prosequi, or acquittal. Sealing is more common when adjudication was withheld.
- Disqualifying Offenses: Certain offenses, including some violent or sexual crimes, cannot be sealed or expunged even with a withhold.
Juvenile cases, out-of-state matters, and multiple arrests from the same incident can further complicate eligibility. Because FDLE reviews your entire Florida criminal history when issuing a certificate of eligibility, a full record analysis is essential before beginning the expungement process in Florida.
How to Expunge a Record in Florida
Step 1: Getting Your FDLE Certificate Of Eligibility
In Florida, you cannot go straight to the judge and ask for expungement. The first formal step in the expungement process in Florida is obtaining a certificate of eligibility from the FDLE.
The application packet typically includes:
- A completed FDLE application form.
- Fingerprints taken by an authorized agency.
- A certified copy of the final disposition from the clerk of court.
- The required processing fee.
- In some cases, documentation from the State Attorney’s Office.
FDLE conducts a background review to confirm there are no prior adjudications, previous sealings or expungements, or disqualifying offenses. If discrepancies appear, FDLE may deny the certificate.
Processing can take several months. Errors such as incorrect case numbers, missing certified dispositions, or incomplete fingerprint cards frequently cause delays or denials. Getting this step right is critical, particularly if employment or licensing deadlines are involved.
Without a certificate of eligibility, a court will generally not consider your petition to expunge a record in Florida.
Step 2: Filing Your Petition To Expunge In Florida Court
Once FDLE issues the certificate, you must file a formal petition in the circuit court for the county where the case occurred, such as the Fourteenth Judicial Circuit of Florida for many Bay County matters.
The petition generally includes:
- The FDLE certificate of eligibility.
- A sworn affidavit meeting statutory requirements.
- A proposed order for the judge.
The State Attorney’s Office must be served and given an opportunity to object. Some petitions are decided on written filings alone. Others require a hearing.
Importantly, the judge retains discretion. Even with an FDLE certificate, the court is not required to grant expungement. Local practices, prosecutorial concerns, and the specific facts of your case may influence the outcome.
Understanding how prosecutors review these petitions and how local clerks handle filings can help prevent unnecessary delays and technical setbacks.
What An Expungement Actually Does, And What It Does Not Do
Expungement in Florida is powerful but not absolute.
When granted:
- FDLE removes the record from public dissemination.
- Most agencies must destroy their copies.
- Standard private background checks typically will not reveal the arrest.
- You may lawfully deny the arrest in most private employment and housing situations.
However, exceptions remain. Certain agencies and licensing bodies may still access expunged records or require disclosure. These can include applications for law enforcement roles, work with vulnerable populations, or admission to the Florida Bar.
The wording of applications matters. Many employers ask about convictions rather than arrests. After a proper expungement, Florida law generally permits denial of the expunged arrest in most private contexts, but sensitive fields may follow different rules.
Understanding both the protections and the limits of expungement helps set realistic expectations and avoid future compliance issues.
Common Mistakes That Slow Down Or Derail Florida Expungements
Many delays in the expungement process in Florida result from preventable mistakes.
Common errors include:
- Misunderstanding eligibility due to prior adjudications or earlier sealings.
- Failing to include certified dispositions.
- Using incorrect case numbers.
- Submitting incomplete fingerprint cards.
- Filing outdated or incomplete court petitions.
- Failing to properly serve the State Attorney’s Office.
Generic online form kits often oversimplify Florida law and ignore local filing practices in Panhandle counties. Applicants frequently seek legal help only after the FDLE denies a certificate or a court petition stalls.
Because FDLE reviews your entire criminal history, not just the case you want cleared, thorough preparation is essential before attempting to expunge a record in Florida.
How Shepard Law Helps You Navigate The Florida Expungement Process
Clearing your record in Florida is possible in many situations, but it is not automatic, and it is not a one-form task. There are real benefits to having a criminal defense firm guide you through each stage, particularly when your job, license, or education depends on getting it right the first time. Our goal at Shepard Law is to take a confusing, often frustrating process and turn it into a clear, manageable plan.
When you contact us about expungement, we start with a free consultation. We review your entire history, not just the one case you are focused on, and we look closely at how your cases ended. We then give you an honest assessment of whether sealing or expungement is available under Florida law and which option makes sense. If you decide to move forward, we handle gathering certified court documents, preparing the FDLE application packet, and tracking the certificate of eligibility process.
Once FDLE issues a certificate, we draft and file the petition to expunge in the correct court for your case, typically in the circuit court that covers the county where you were arrested or charged. We prepare the supporting affidavit and proposed order, serve the State Attorney’s Office, and follow up with the clerk so the file does not sit unnoticed. If the judge sets a hearing, we appear with you and present your petition so you do not have to navigate that alone.
We know that criminal records affect people at all hours. A job offer might be on the line, a licensing deadline might be looming, or a school program might be waiting on your background check. That is why we maintain 24/7 availability through our hotline, so you can get answers when you need them, not just during business hours.
We are here to review your record, explain your options in clear terms, and handle the heavy lifting with FDLE and the court so you can focus on your future. Call (850) 290-2505 or reach out online to schedule a free consultation.
