Yes, many Florida criminal records can be sealed or expunged, but only when the case meets the state’s rules. Sealing hides a record from most public view. Expunging orders the record destroyed by the agencies that hold it, except a confidential state copy. This guide explains how to seal and expunge criminal records in Miami, Broward and the Keys, and what decides which remedy fits.

What is expungement of a criminal record?

Expungement is a court order that removes a criminal record from the agencies that hold it. Under Fla. Stat. § 943.0585, a person is eligible to petition a court to expunge a criminal history record if, among other conditions, no indictment, information, or other charging document was filed or issued in the case giving rise to that record. The agencies with custody must physically destroy or obliterate the record. The state’s own copy is the exception. The Florida Department of Law Enforcement (FDLE) must keep it, and it stays confidential.

Eligibility starts with the charge. You may also petition if one was filed or issued but was dismissed or nolle prossed by the state attorney or statewide prosecutor, dismissed by a court, or ended in a judgment of acquittal or a not-guilty verdict. Every petition also needs a valid certificate of eligibility from FDLE. Fla. R. Crim. P. 3.692 requires the certificate and a sworn statement that you meet the eligibility rules.

Some convictions rule the record out entirely. Fla. Stat. § 943.0584 lists offenses that make a record ineligible. The list includes any offense in chapter 794, murder, and felony battery. It also includes manslaughter or homicide under section 782.071, which covers vehicular homicide. If your charge is on that list, get a careful review before you file.

What is sealing of a criminal record?

Sealing restricts public access to a record, but the record still exists. Fla. Stat. § 943.059 governs court-ordered sealing. A sealed record stays out of routine checks. Certain entities, such as government agencies, a private or parochial school, or a local governmental entity that licenses child care facilities, can still see it for licensing, access authorization and employment decisions.

Employees of those entities cannot reveal that a sealed record exists for a person seeking employment, access authorization or licensure with that entity. The exception covers the person the record concerns and people with direct responsibility for the decision. An employee who breaks that rule commits a first-degree misdemeanor.

A sealing order usually covers one arrest or one incident. The court may cover more arrests only if they directly relate to the original one, and the order must say so.

How do I seal my criminal record in Florida?

Start by confirming how the case ended. Then get the FDLE certificate, file the petition and let the court rule. Here are the main steps.

1. Confirm the case outcome. Gather the case number, the county and the arresting agency.
2. Get the FDLE certificate of eligibility. FDLE’s certificate instructions say the applicant must show that probation has terminated.
3. File the petition with the clerk. The petition must be in writing and include the certificate and a sworn statement, under Rule 3.692.
4. Serve the prosecutor and arresting agency. Both must receive the completed petition, sworn statement and certificate.
5. Wait for the response. The prosecutor and arresting agency may respond, and the court may take evidence.
6. Follow the order. If the court grants relief, it enters a written order and the clerk sends certified copies to the agencies it names.

FDLE issues the certificate, but the court decides the petition. Under Rule 3.692, a request may be denied at the court’s sole discretion.

Seal or expunge: which is better?

Each remedy has a different effect. Sealing keeps the record but hides it from most checks. Expunging removes it, with the state’s confidential copy as the exception. A licensed professional should understand that difference before filing.

Expunging after an earlier sealing has a 10-year rule. Fla. Stat. § 943.0585 requires a prior court-ordered sealing of at least 10 years when adjudication was withheld or because not all charges related to the arrest were dismissed before trial. That requirement does not apply if no plea was entered, all charges were dismissed before trial, or a judge or jury found not guilty.

A withhold is easy to misread. Under Fla. Stat. § 943.0584, a conviction includes a guilty or no contest plea “regardless of whether adjudication is withheld.”

Sealing and expungement in Miami-Dade, Broward and the Keys

Your petition is filed with the clerk of the court that handled the case.

Cases from Miami, Kendall, Hialeah, Miami Beach and Homestead fall in Miami-Dade County. Fort Lauderdale cases fall in Broward County. Florida Keys cases fall in Monroe County.

If you have arrests in more than one county, list every case, but know that the court may order expunction of a criminal history record pertaining to one arrest or one incident of alleged criminal activity only; it may cover more than one arrest only if the additional arrests directly relate to the original arrest, and the order must state that intent. Each case has its own case number and its own clerk.

Can I get a free expungement in Broward County?

Court relief can still carry costs. Under Rule 3.692, the petitioner bears all costs of certified copies unless the petitioner is indigent.

The FDLE certificate is a required step in every county, so plan for it early.

How many records can you seal or expunge?

The answer depends on each record’s charge and outcome. Under Fla. Stat. § 943.059, a sealing order covers one arrest or one incident, except that the court may order sealing of more than one arrest if the additional arrests directly relate to the original arrest. Unrelated arrests fall outside that link.

Dismissed, withheld or reduced cases are reviewed differently from convictions. Convictions on the list in Fla. Stat. § 943.0584 are ineligible.

Who handles sealing and expungement petitions at Patrick Wilson Law?

Patrick David Wilson is the responsible lawyer for this page. He is one of the firm’s lawyers, along with Sahara Fonseca. The firm’s support staff help with the office work that a petition requires.

Patrick Wilson Law, PLLC is a criminal defense firm based in Miami. Sealing and expungement sit alongside its DUI, domestic violence, sexual battery and white collar work. The firm focuses on first-time offenders and licensed professionals whose careers depend on a clean record.

Talk with us about your Miami record

If an old Florida arrest still appears on a background check, job application or licensing review, you can talk with us about your options. We can review the charge, the outcome and any prior record against the statutes above. Our first consultation is free, confidential and carries no obligation to continue. Call 786-761-1719, or leave a message through our contact page.