How to Seal or Expunge Your Criminal Case

Florida law allows you to seal or expunge one criminal arrest during your lifetime. Both expungement and sealing remove your information relating to your arrest from the clerks website and from all other public records. The sealing or expungement process is a nine to twelve month process to remove all information relating to your arrest. Call my Winter Park office at 407-740-7275 to speak with me about expunging your case

If you are unable to hire a lawyer for this process, please follow the step-by-step instructions below to seal or expunge your own criminal case without a lawyer. While hiring an experienced sealing and expungement lawyer can make this process go quicker and increase your chances of success, the law does not require you hire a lawyer.

Files

An Explanation of the Expungement Process

To request your case be sealed or expunged, please follow the steps outlined below.

Step 1

Download and print the Florida Department of Law Enforcement (FDLE) Application for Certification of Eligibility and FDLE fingerprint card:

Step 2

Obtain a certified copy of your court disposition from the clerk of court.

Step 3

For an expungement only, mail the completed FDLE Application for Certification Eligibility to the State Attorney’s Office with a self-addressed stamped envelope.

Step 4

Mail the following four items to the Expungement Section at FDLE:

  1. Expungement/Sealing application
  2. Executed FDLE fingerprint card
  3. Certified copy of court disposition
  4. $75 money order payable to FDLE

Their mailing address is:

Florida Department of Law Enforcement
articles Office Box 1489
Tallahassee, Florida 32302-1489
Attention: Expungement Section

Step 5

Draft three legal documents: an affidavit, petition and proposed order. Use the link at the bottom of this page to download the approved forms for all three pleadings.

File the affidavit, petition, proposed order and original certificate of eligibility with the clerk’s office. Provide copies to the State Attorney’s Office and use an approved “Certificate of Service” format that shows the judge you have provided the prosecutor with everything you filed with the court.

Step 6

Set the matter for a formal court hearing before the original trial division. Provide the State Attorney’s Office with proper notice of the hearing.  Then show up at the court hearing and be prepared to argue why the judge should exercise his or her jurisdiction in granting your request for sealing or expungement.

Step 7

If successful, an invoice will be mailed to you within five business days of the Clerk’s receipt of the order from the judge. Pay the invoice (usually less than $100) immediately upon receipt. All information relating to your arrest will be removed from the clerk’s website within five days. All public information relating to your arrest will be removed from FDLE records within 45 days of their receipt of the certified order issued in your case.

Approved Sealing & Expungement Court Forms

Download the Florida Rules of Criminal Procedure.

  • Within the PDF, search using keywords “seal” or “expunge” to locate the required affidavit, petition and order.
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Florida law allows you to seal or expunge one criminal arrest during your lifetime. Both expungement and sealing remove your information relating to your arrest from the clerks website and from all other public records. The sealing or expungement process is a nine to twelve month process to remove all information relating to your arrest. Call my Winter Park office at 407-740-7275 to speak with me about expunging your case

If you are unable to hire a lawyer for this process, please follow the step-by-step instructions below to seal or expunge your own criminal case without a lawyer. While hiring an experienced sealing and expungement lawyer can make this process go quicker and increase your chances of success, the law does not require you hire a lawyer.

Files

An Explanation of the Expungement Process

To request your case be sealed or expunged, please follow the steps outlined below.

Step 1

Download and print the Florida Department of Law Enforcement (FDLE) Application for Certification of Eligibility and FDLE fingerprint card:

Step 2

Obtain a certified copy of your court disposition from the clerk of court.

Step 3

For an expungement only, mail the completed FDLE Application for Certification Eligibility to the State Attorney’s Office with a self-addressed stamped envelope.

Step 4

Mail the following four items to the Expungement Section at FDLE:

  1. Expungement/Sealing application
  2. Executed FDLE fingerprint card
  3. Certified copy of court disposition
  4. $75 money order payable to FDLE

Their mailing address is:

Florida Department of Law Enforcement
articles Office Box 1489
Tallahassee, Florida 32302-1489
Attention: Expungement Section

Step 5

Draft three legal documents: an affidavit, petition and proposed order. Use the link at the bottom of this page to download the approved forms for all three pleadings.

File the affidavit, petition, proposed order and original certificate of eligibility with the clerk’s office. Provide copies to the State Attorney’s Office and use an approved “Certificate of Service” format that shows the judge you have provided the prosecutor with everything you filed with the court.

Step 6

Set the matter for a formal court hearing before the original trial division. Provide the State Attorney’s Office with proper notice of the hearing.  Then show up at the court hearing and be prepared to argue why the judge should exercise his or her jurisdiction in granting your request for sealing or expungement.

Step 7

If successful, an invoice will be mailed to you within five business days of the Clerk’s receipt of the order from the judge. Pay the invoice (usually less than $100) immediately upon receipt. All information relating to your arrest will be removed from the clerk’s website within five days. All public information relating to your arrest will be removed from FDLE records within 45 days of their receipt of the certified order issued in your case.

Approved Sealing & Expungement Court Forms

Download the Florida Rules of Criminal Procedure.

  • Within the PDF, search using keywords “seal” or “expunge” to locate the required affidavit, petition and order.
Print Friendly, PDF & Email