What is the benefit of expungement in Florida?
Asked by: Marjolaine Cartwright DDS | Last update: August 25, 2025Score: 4.4/5 (13 votes)
Numerous benefits accrue if you can obtain a court-ordered expungement or sealing of your criminal record in Florida. Your past can be shielded from public view. Your reputation in the community can be protected. Your employer or school may not easily learn of criminal misconduct from your past.
How does expungement work in Florida?
Expungement involves the destruction of all criminal records, except for one confidential copy, which is kept with the Florida Department of Law Enforcement (FDLE). Record sealing and expungement both begin with an application for a Certificate of Eligibility. You will need to apply to the FDLE for a Certificate.
Will my expunged record show up on a background check in Florida?
In Florida, an expunged record should not show up for anyone, such as during background checks performed by private employers, landlords, and other non-exempt businesses. But law enforcement officers, some licensing boards, and federal organizations may still have access to your records sealed or expunged.
What does expungement of benefits mean?
Expunged EBT benefits means unused benefits that revert to the SNAP Program from the EBT benefit account when they have not been accessed by a household for 270 days. A household loses its entitlement to expunged EBT food account benefits and they cannot be reactivated.
How long does it take for your record to clear after expungement in Florida?
On average, an expungement in Florida takes 5-7 months.
How to Seal or Expunge Florida Criminal Record | Sealing and Expungement Process in Florida
How much does it cost to get something expunged off your record in Florida?
An expungement in Florida typically costs around $995, but can vary depending on attorney fees and the complexity of your case.
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Do I have to pay to get my record expunged?
The cost of an expungement varies greatly depending on the type of offense and the jurisdiction. Expunging a misdemeanor conviction will generally cost less than expunging a felony conviction. Court fees and attorney fees are some of the fees that anyone should expect to pay for an expungement.
What cannot be expunged in Florida?
Remember, while many felonies might be eligible, certain serious crimes, like murder, sexual battery, and child abuse, cannot be expunged.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
How far back does background check go in Florida?
Generally, there are no state laws in Florida that regulate how far back a pre-employment background check can go. This means that some screenings can look indefinitely into someone's history—including criminal records.
What to do after an expungement?
An expungement order means a court removes an arrest or conviction from a person's court record for most purposes. After the expungement process is complete, you are not legally required to disclose the incident. In limited situations, you might be expected to disclose an expungement.
What is the Clean Slate Act in Florida?
The Clean Slate Initiative passes and implements laws that automatically clear eligible records for people who have completed their sentence and remained crime-free, and expands who is eligible for clearance.
Who can see my expunged record in Florida?
If you are seeking to be employed or licensed by the Department of Children and Family Services, the Agency for Health Care Administration, the Agency for Persons with Disabilities, or the Department of Juvenile Justice, or you wish to work with children, the elderly, or disabled people (mentally or physically), those ...
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How to expunge your record in Florida for free?
- Step 1: Obtaining and Completing the Application. ...
- Step 2: Submit Application to the State Attorney's Office. ...
- Step 3: Submit completed application to FDLE. ...
- Step 4: Complete and File a “Petition and Affidavit to Expunge or Seal” ...
- Step 5: Filing the Petition.
How much does expungement cost in Florida?
$275.00 Fee to Seal or Expunge
Criminal Records include judicial records (Courthouse) and non-judicial records (police records of arrest, bookings etc.)
Will an expunged record show up on a background check in Florida?
In most cases, sealed or expunged records do not appear. However, under certain circumstances, sealed records can be accessed, especially if you're applying for sensitive roles, such as jobs in national security or childcare.
What agencies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
What happens to fingerprints after expungement?
Yes – your fingerprints will still be on file at both the state and federal levels. That's because fingerprints are physical records, and expungements do not destroy them. At the state level, your fingerprints won't be connected to your expunged case, but they could still be used to identify you.
What happens after expungement in Florida?
Once FDLE seals or expunges the criminal history record, a notification letter will be sent by FDLE to the arresting agency and all criminal justice agencies involved with your case.
What records Cannot be expunged in Florida?
- Arson.
- Aggravated Assault.
- Aggravated Battery.
- Illegal use of explosives.
- Child abuse or Aggravated Child Abuse.
Can I get my record expunged twice?
Expungement Procedures
If a person wants to expunge records of multiple cases, he or she must file more than one petition. The judge must review the petitioner's file and determine whether he or she meets that jurisdiction's requirements.
What is the clean slate rule?
The clean-slate rule is a legal doctrine in criminal procedure that allows for the retrial of a defendant who appealed and obtained a reversal of an earlier conviction. This means that the double-jeopardy prohibition, which prevents a person from being tried twice for the same crime, does not apply in this situation.
What is considered a clean criminal record?
Lawyers will advise you that clean criminal records are ones in which no convictions are present. Some of the items that will appear on criminal records include: Convictions and arrests. Dismissals.