Questions regarding the seal and expunge process or application status can be directed to SEinfo@fdle.state.fl.us. If requesting status information, remember to include a copy of your government issued photo identification.
The processing time to determine eligibility is typically 12 weeks from the date a completed application packet is received. Extensive research is required to determine eligibility and several factors contribute to the processing time of an application packet. Application packets are researched in the order received. FDLE does not expedite application packets.
The submission of an application for a Certificate of Eligibility is the first step in sealing or expunging a criminal history record. A record does not receive relief until a certified court order has been received by FDLE from the court of proper jurisdiction. For more information related to this process, please visit the frequently asked questions page.
Several types of relief to seal or expunge criminal history records are available. The types of sealing or expungement processes authorized by statute are listed below:
Administrative Expungement– an arrest (adult or juvenile) made contrary to law or by mistake may be expunged by applying to FDLE, in one of the ways provided in statute and rule.
(Per Section 943.0581, Florida Statutes, and Rule 11C-7.008, Florida Administrative Code)
Court-Ordered Sealing or Expungement– a person may apply to FDLE for a Certificate of Eligibility to Seal or Expunge his/her criminal history record. This is the required first step toward obtaining the court-ordered sealing or expungement of that record. Before issuing a Certificate of Eligibility, FDLE determines if the applicant is statutorily eligible to petition the court to have his/her Florida criminal history record sealed or expunged.
(Per Sections 943.059, and 943.0585, Florida Statutes, and Rules 11C-7.006 and 11C-7.007, Florida Administrative Code)
Juvenile Diversion Expungement– a person who has completed an authorized juvenile diversion program for a misdemeanor offense or for a felony offense other than a forcible felony as defined in s. 776.08, or a felony involving the manufacture, sale, purchase, transport, possession, or use of a firearm or weapon as those terms are defined in s. 790.001; may apply for a juvenile diversion expungement, as defined.
(Per Section 943.0582, Florida Statutes, and Rule 11C-7.009, Florida Administrative Code)
Lawful Self-Defense Expungement – a person may apply for a Lawful Self-Defense Certificate of Eligibility if the appropriate state attorney or statewide prosecutor certifies that the subject acted in lawful self-defense pursuant to the provisions related to justifiable use of force in Chapter 776, Florida Statutes, and the charge(s) were not filed on, or were dismissed by the state attorney or the court.
(Per Section 943.0578, Florida Statutes)
Human Trafficking Expungement – a person who is a victim of human trafficking (as defined in Sections 943.0583(1)(c) and 787.06, Florida Statutes) may petition for the expungement of a criminal history record resulting from the arrest or filing of charges for an offense committed or reported to have been committed as a part of the human trafficking scheme of which he/she was a victim.
(Per Section 943.0583, Florida Statutes)
Automatic Juvenile Expungement - the criminal history record of a minor maintained by FDLE will automatically be expunged (by operation of law) at the age of 21, or (if the minor was committed to a juvenile correctional facility or juvenile prison) age 26, provided certain conditions are satisfied (i.e., not having been charged with or convicted of a forcible felony as an adult or when treated as an adult). A list of charges designated as forcible felonies can be found in Section 776.08, Florida Statutes.
(Per Section 943.0515, Florida Statutes)
Early Juvenile Expungement - a person between the ages of 18 and 21 may, under certain conditions, apply to have their juvenile criminal history record expunged by FDLE. A person may apply to the appropriate prosecuting attorney to approve the expungement of his/her FDLE juvenile criminal history record if the subject has not been charged with or found to have committed any criminal offense (including the one that you are seeking to expunge) within the preceding 5 years.
(PerSection 943.0515(1)(b)2, Florida Statutes)
Automatic Sealing – the criminal history record maintained by FDLE will automatically be sealed (by operation of law) when the Clerk of the Court submits a qualifying certified disposition to FDLE, via electronic means. A list of qualifying dispositions can be found in Section 943.0595, Florida Statutes. A list of disqualifying offenses can be found in Section 943.0595(2)(a), Florida Statutes.
*Note- this process does not seal records at the local level.
(Per Section 943.0595, Florida Statutes)
I'm well-versed in the intricacies of the sealing and expungement processes in Florida, drawing upon a broad understanding of the statutes and administrative codes governing these procedures. The Florida Department of Law Enforcement (FDLE) plays a pivotal role in evaluating applications for sealing or expunging criminal history records.
The process begins with an application for a Certificate of Eligibility, marking the initial step toward the sealing or expungement of a criminal record. This certificate, issued by the FDLE, is pivotal for subsequent court orders required to enact the desired relief.
There are various avenues for relief, each governed by specific statutes and rules:
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Administrative Expungement: Allows for expungement in cases of arrests made contrary to the law or by mistake, subject to FDLE review.
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Court-Ordered Sealing or Expungement: Applicants apply to FDLE for eligibility, a prerequisite for court-ordered sealing or expungement. The FDLE assesses statutory eligibility before issuing the certificate.
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Juvenile Diversion Expungement: Individuals who complete authorized juvenile diversion programs for certain offenses may apply for expungement.
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Lawful Self-Defense Expungement: Available when the state attorney or statewide prosecutor certifies lawful self-defense, as per Chapter 776 of Florida Statutes, and charges are not filed or dismissed.
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Human Trafficking Expungement: Victims of human trafficking may petition for expungement related to offenses committed as part of the trafficking scheme.
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Automatic Juvenile Expungement: FDLE expunges the record of a minor by law at age 21 or 26 (if committed to a juvenile correctional facility), provided conditions are met.
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Early Juvenile Expungement: Individuals aged 18-21 meeting specific conditions may apply to expunge their juvenile criminal history records.
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Automatic Sealing: FDLE automatically seals records based on qualifying certified dispositions submitted by the Clerk of the Court, following specific legal provisions.
The processing time for eligibility determination typically spans 12 weeks from the receipt of a completed application. Factors influencing processing times include the complexity of research involved in assessing eligibility and the order of application receipt.
Requests for status updates should be directed to SEinfo@fdle.state.fl.us, accompanied by a copy of government-issued photo identification.
For further details on eligibility criteria or additional information, individuals can refer to the frequently asked questions page or relevant sections of the Florida Statutes and Administrative Codes governing these processes.
