Seal or Expunge Your Florida Record: Hire a Lawyer or File Pro Se?

When you weigh a seal expunge attorney vs pro se route, the main question is who does the work. The difference is who gathers the records, prepares the paperwork, and appears if the court sets a hearing.

This guide explains both routes and the rules that decide eligibility. It is written for adults in Miami-Dade, Broward County, and the Florida Keys who have an old arrest or charge on their record.

What Does Pro Se Mean Legally?

Pro se is Latin for “for oneself.” In court, it means a person represents themselves without a lawyer. In a record case, a pro se filer prepares and files the petition alone.

Relief starts with a written petition filed with the clerk. The petition must include a valid certificate of eligibility from the Florida Department of Law Enforcement and a sworn statement, as Fla. R. Crim. P. 3.692 requires.

The sworn statement says you meet the eligibility rules and have no other petition pending. You must also serve the completed filing on the prosecuting attorney and the arresting authority.

A missing document, a wrong statement, or a skipped service step can delay the request.

Sealing vs. Expunging: Which Process Applies?

Expunction and sealing are different remedies with different rules. Expunction falls under Fla. Stat. § 943.0585. Sealing falls under Fla. Stat. § 943.059. Which one fits turns on how the case ended.

A sealed record is kept out of public view but is not destroyed. Information about the existence of a sealed record, when provided in accordance with paragraph (b) of the statute, is confidential and exempt from the public records law. Fla. Stat. § 943.059 lists the entities that may still receive it. Listed licensing and employment entities can still see it for their respective licensing, access authorization, and employment purposes.

Both routes start the same way. Before a court petition for sealing, you apply to the Florida Department of Law Enforcement (FDLE) for a certificate of eligibility. The certificate is a required step, not an approval. FDLE’s frequently asked questions confirm that a court decides whether to grant relief.

For the full overview of both routes, see our pillar page on sealing and expunging criminal records.

How Does Hiring a Miami Criminal Defense Attorney to Seal or Expunge a Record Compare With Filing a Pro Se Petition on One’s Own?

The difference is who gathers the records, builds and files the petition, tracks each deadline, and appears at any hearing. A pro se filer handles all of this alone. A Miami criminal defense attorney can take these tasks on.

If you file yourself, you obtain the certificate, draft the sworn statement, pay the required costs, file with the clerk, and serve the state. Under Rule 3.692, the prosecutor and arresting agency may respond, and the court may take evidence on any fact it needs.

If you hire a Miami criminal defense attorney, the lawyer reviews the arrest and disposition records and checks each eligibility condition. The attorney prepares and files the petition, handles service, and speaks for you at any hearing. The attorney can also flag issues early, such as a prior sealing or a charge that still shows as pending.

Cost is the other difference. A pro se filer pays government and clerk charges directly. Under Rule 3.692, the petitioner pays for certified copies unless indigent. An attorney’s fee is an added professional cost, so ask for the full cost in writing before work begins.

What Disqualifies You From Expungement in Florida?

Eligibility is set by statute. A few facts can end the request before a judge weighs anything else.

§ 943.0585 sets out when a person is eligible to petition a court to expunge a criminal history record. Among its conditions, either an indictment, information, or other charging document was not filed or issued in the case giving rise to that record, or one was filed or issued and was dismissed or nolle prosequi by the state attorney or statewide prosecutor, was dismissed by a court of competent jurisdiction, or a judgment of acquittal was rendered by a judge, or a verdict of not guilty was rendered by a judge or jury. You also must never have been adjudicated guilty in Florida for a criminal offense, subject to the statute’s listed exceptions.

A prior sealing can block the request. If your record was previously sealed because adjudication was withheld, or because the charges were not all dismissed before trial, the statute generally requires that sealing to have lasted at least 10 years. Exceptions apply when no plea was entered, when all charges were dismissed before trial, or when a judgment of acquittal or a not guilty verdict was rendered.

Some convictions bar relief outright under § 943.0584. The list includes any offense defined in chapter 794 and felony battery. It also includes assault or battery of one family or household member by another.

Older court files can hold these bars, even when the person forgot the case. Reviewing the full disposition history comes first.

Does a Sealed Felony Stay on Your Record?

Yes. A sealed felony still exists in state records, but it is kept out of public view. Under § 943.059, the department still discloses the sealed record to listed entities for licensing, access authorization, and employment purposes. Fla. Stat. § 943.059 reads: “An employee of an entity set forth in subparagraph (b)1., subparagraph (b)4., subparagraph (b)5., subparagraph (b)6., subparagraph (b)8., subparagraph (b)9., subparagraph (b)10., or subparagraph (b)11. may not disclose information relating to the existence of a sealed criminal history record of a person seeking employment, access authorization, or licensure with such entity or contractor, except to the person to whom the criminal history record relates or to persons having direct responsibility for employment, access authorization, or licensure decisions.”

Employees of those listed entities generally may not reveal a sealed record’s existence to others. A violation is a first-degree misdemeanor under the statute.

Felony cases also face limits on withholding adjudication. Under § 775.08435, a court may not withhold adjudication for any capital, life, or first degree felony. Fla. Stat. § 775.08435 reads: “(b) A second degree felony offense unless: 1.” A second degree felony needs a written request from the state attorney or written findings by the court, and adjudication cannot be withheld for a second degree felony if the defendant has a prior withholding of adjudication for a felony from a different transaction. For a third degree felony that is a crime of domestic violence as defined in s. 741.28, a court may not withhold adjudication unless the state attorney requests it in writing or the court makes written findings that a withhold is reasonably justified.

Can I Get a Conviction Removed From My Record?

Florida’s sealing and expunction statutes do not erase every conviction. A withheld adjudication still counts as a conviction for this purpose. Under § 943.0584, a conviction includes a determination of guilt, regardless of whether adjudication is withheld.

Cases that end without a conviction work differently. Under § 943.0595, the department automatically seals certain records. The statute lists exceptions.

Under § 948.08, a first offender, or a person previously convicted of not more than one nonviolent misdemeanor, charged with a misdemeanor or third degree felony is eligible for the program, but only with the program administrator’s approval and the consent of the victim, the state attorney, and the judge who presided at the initial appearance. Fla. Stat. § 948.08 reads: “However, the defendant may not be released to the pretrial intervention program unless, after consultation with his or her attorney, he or she has voluntarily agreed to such program and has knowingly and intelligently waived his or her right to a speedy trial for the period of his or her diversion.” The defendant or the defendant’s immediate family may not personally contact the victim or the victim’s immediate family to get that consent.

Talking Through Your Record Before You File

If an old arrest is showing up on a job application, a licensing review, or a housing screen, you may be weighing whether to file yourself. Some readers are looking into this for a parent, a sibling, or a spouse whose record they did not choose.

Call 786-761-1719 or request a free consultation. The first consultation is free, confidential, and carries no obligation to continue.