Overview
In Florida, a criminal record can linger long after a case is closed — even when charges were dropped or you were never convicted. Employers, landlords, and licensing boards routinely run background checks, and an old arrest can quietly cost you opportunities you never even hear about. For people who qualify, sealing or expunging a record can change that.
Piotrowski Law Firm helps people throughout Miami-Dade and Broward County — in Miami, Hialeah, Miami Beach, Coral Gables, Fort Lauderdale, Hollywood, and Pembroke Pines — determine whether they are eligible and, if so, guide them through the process from start to finish.
Sealing vs. expunging in Florida
People often use the words interchangeably, but Florida law treats them differently:
- Sealing (under Fla. Stat. §943.059) keeps a record in existence but makes it confidential and removes it from public view. Most members of the public and most employers cannot see a sealed record, though certain agencies retain limited access.
- Expunging (under Fla. Stat. §943.0585) goes further: the record is physically destroyed by the agencies holding it, and only a copy is retained by the Florida Department of Law Enforcement under court order. As a general matter, you typically must seal a record first and then, after a period of time, apply to have it expunged — though records that did not result in a conviction may qualify for expunction directly.
Which path fits depends on how your case was resolved. We help you understand the distinction and choose the route that gives you the most protection.
Who is eligible?
Florida’s eligibility rules are specific, and not every record qualifies. In general terms, the law looks at factors such as:
- No prior convictions. You generally must never have been adjudicated guilty (convicted) of any criminal offense, as an adult, in Florida or elsewhere.
- Withheld adjudication. For many sealable cases, the court must have withheld adjudication — meaning you were not formally convicted — rather than entering a conviction.
- The nature of the charge. Florida law lists certain serious offenses that cannot be sealed or expunged even when adjudication was withheld.
- One in a lifetime. As a general rule, a person may only seal or expunge a record once in their lifetime, which makes getting it right the first time important.
- No other pending petition. You generally cannot have another active sealing or expunction request in process.
Because the rules turn on the exact disposition of your case, the only reliable way to know where you stand is to have the record reviewed. We will tell you honestly whether you qualify before any work begins.
The certificate-of-eligibility process
Florida uses a two-stage process, and the first stage runs through a state agency rather than the court:
- Apply for a Certificate of Eligibility. Before a court can act, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This requires a completed application, fingerprints, a certified disposition of the case, the required fee, and — for sealing — a statement from the state attorney.
- FDLE review. FDLE confirms that you meet the statutory criteria and, if you do, issues the certificate. This step alone often takes a number of months.
- Petition the court. With the certificate in hand, we file a petition and sworn statement with the court that handled your case, asking the judge to order the record sealed or expunged.
- The court’s decision. Even when you are statutorily eligible, the decision to seal or expunge is ultimately within the court’s discretion. A well-prepared petition matters.
We handle each step, keep the paperwork moving, and make sure deadlines and requirements are met so a technical misstep does not derail an otherwise eligible case.
What sealing or expunging can do for you
For most everyday purposes — including many job and housing applications — Florida law allows a person whose record has been sealed or expunged to lawfully deny or not acknowledge the arrest, with limited exceptions defined by statute (for example, when applying for certain government, law-enforcement, or sensitive licensed positions, or in some criminal proceedings). In practical terms, that can mean:
- Passing a routine employment background check without an old arrest surfacing.
- Clearing rental and housing screenings that might otherwise have flagged the record.
- Removing a barrier to schools, professional opportunities, and a fresh start.
We will explain exactly what the relief does — and the situations where you must still disclose — so you know precisely where you stand.
Talk to a Miami expungement attorney today
If a past arrest or charge is holding you back, it is worth finding out whether you qualify to clear it. Your initial consultation is free and confidential, and our phones are answered 24/7. Request a consultation.
This page provides general information about sealing and expunging records in Florida and is not legal advice. Laws change and every case is different. Reading this page or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.