Seal and Expunge Criminal Records in Fort Lauderdale

A Florida arrest or charge can sometimes be sealed or expunged, but the answer turns on how the case ended. This guide offers general information about sealing and expunging criminal records. Patrick Wilson Law, PLLC is a Miami criminal defense firm that handles these petitions for clients across South Florida.

Who Qualifies for Sealing or Expungement in Fort Lauderdale and Broward County

Eligibility turns on how the case ended, not on the arrest alone. Under Fla. Stat. § 943.0585, a person is eligible to petition a court to expunge a record if no indictment, information, or other charging document was filed or issued, and the person also meets the statute’s other eligibility conditions. An arrest that never led to a formal charge can qualify. You still need to check your record against the rule.

Other endings matter too. Under Fla. Stat. § 943.0595, some records are sealed automatically. Automatic sealing does not apply if the record results from a charging document for a forcible felony as defined in s. 776.08 or from an offense enumerated in s. 943.0435(1)(h)1.a.(I), and a dismissal made under s. 916.145 or s. 985.19 also does not qualify. Automatic sealing is not the same as filing a petition, so don’t assume it applies to you.

Fort Lauderdale cases run through the Broward County court system. The petition is filed in writing with the clerk, so the local clerk and court that handled your case are where the paperwork goes.

Patrick David Wilson and the firm’s lawyers focus their practice on criminal defense, including record sealing and expungement, for clients in Broward County and across South Florida.

Expungement vs. Sealing: What Changes for You

Expungement removes the record through destruction, while sealing closes it to the public but keeps it on file. Under Florida law, a criminal justice agency holding an expunged record must physically destroy or obliterate it, except that any record in the custody of the department must be retained. The state’s FDLE copy is kept and stays confidential.

Sealing works differently: under Fla. Stat. § 943.059, a sealed record is removed from public view but is not destroyed, and certain government agencies can still access it. Under Florida law, a criminal history record that a court orders sealed is confidential and exempt from public records law, and is available only to certain listed persons, such as the subject of the record. The department shall disclose the existence of an expunged criminal history record to the licensing, access authorization, and employment entities listed in the statute, for their respective purposes.

This difference matters for your career and background checks. Certain licensing and employment entities listed in the statute, such as criminal justice agencies hiring candidates, may still see a sealed record for their licensing, access authorization, and employment purposes. Employees of those entities cannot reveal an expunged record’s existence to others, except to you or to people who decide your employment or license.

Sealing and expungement have separate eligibility rules. Ask about both before you assume either one fits your case.

What Disqualifies a Record From Sealing or Expungement

A prior conviction, certain listed offenses, and a pending petition can all block relief. Under Fla. Stat. § 943.0584, a conviction includes a withheld adjudication and a no contest plea. A withhold still counts as a conviction under this statute. The current text reflects 2026 amendments.

The statute’s ineligible list covers several serious offenses. It includes felony battery, offenses under chapter 794, and manslaughter or homicide under § 782.07, § 782.071 (vehicular homicide), or § 782.072.

Withholds are also limited by law. Under Fla. Stat. § 775.08435, a court may not withhold adjudication for capital, life, or first-degree felonies. A second-degree felony withhold needs a written request from the state attorney or written findings by the court, and no withhold is allowed for a second-degree felony if the defendant has a prior withholding for a felony that did not arise from the same transaction.

A prior sealing can also change the timing, and a pending petition is a problem. The sworn statement must confirm that no other petition to seal or expunge is pending, under Fla. R. Crim. P. 3.692.

Gather your paperwork early. Collect certified court records, arrest paperwork, and proof that probation has ended.

The Process Itself: From Certificate of Eligibility to Court Order

Most sealing petitions begin with a certificate of eligibility from the Florida Department of Law Enforcement (FDLE). Under Fla. Stat. § 943.059, you must apply for that certificate before you petition the court. FDLE calls it a required step in its sealing and expunging process.

Next, you file the written petition with the clerk. Under Fla. R. Crim. P. 3.692, the petition must include the certificate and a sworn statement. The prosecutor and the arresting agency must be served. They may respond, and the court may take evidence on any factual issue.

The judge decides the request. The rule says a request may be denied at the sole discretion of the court. If the petition is granted, the clerk seals the records in a nonpublic index.

You pay the cost of certified copies unless you qualify as indigent, under the same rule. Timing varies with the court, the case, and the paperwork. Clients who hire Patrick Wilson Law can have the firm handle the filing and communication with the court. The first consultation is free, confidential, and carries no obligation to continue.

What Life Can Look Like Afterward

A sealed or expunged record is generally not open to the public. That can help with job applications, rental screening, and questions about professional licensing. The public and most routine background checks should not reach the record.

Some entities still have access. Under the expunction statute, the department shall disclose the existence of an expunged record to certain licensing and employment entities for their licensing, access authorization, and employment purposes. Some licensing boards and government applications may ask about your history in different ways. Read each question carefully before you answer it.

Keep a certified copy of the final court order. You will need it when an application asks you to show that the record was sealed or expunged. Store it with your other important records.

Why Getting This Right the First Time Matters

A petition with missing documents or an ineligible record can be denied, which means starting over. Under Fla. R. Crim. P. 3.692, the court may not order a criminal justice agency to expunge or seal a criminal history record until the petitioner has applied for and received a certificate of eligibility. The sworn statement must also be accurate about any other pending petitions.

Early review helps. A related pending case, a prior sealing, or an unclear disposition can change the order of steps. Sorting these issues before filing avoids wasted time and fees.

Licensed professionals should raise their license at the start. Licensing entities can still reach a sealed record, so the plan should account for that. Non-citizens should also raise their status early. Federal law treats some domestic violence crimes as grounds for removal under federal deportation rules.

If an old arrest or charge is standing between you and a job, license, or housing application, call 786-761-1719 or leave a message to set up a consultation.

Frequently Asked Questions About Sealing and Expunging Criminal Records in Fort Lauderdale