Expunging A Criminal Record In Florida
Last updated on August 1, 2025
Everyone makes mistakes. Those mistakes don’t have to haunt us for the rest of our lives in the form of a criminal record. Florida offers a process for qualified applicants to expunge their criminal history record.
At Bauer Crider Kindel & Parry in Tampa Bay, our criminal defense attorneys have over 100 years of combined experience between them. They have worked on thousands of cases, and those cases have included complex criminal law matters. We can facilitate a petition for expungement to seal your criminal history record.
What Is An Expungement?
Florida state laws require that any successful petition for expungement must include the destruction of the criminal history record by order of the court. An expunction essentially orders that the documents related to a past criminal incident, such as the arrest report and case records, be destroyed.
What Crimes Are Eligible For Expungement?
Misdemeanor convictions, some plea agreements and some arrests for a felony that did not lead to a conviction could be eligible for expunction. Only certain offenses will qualify for expungement, and certain offenses will automatically be disqualified for expungement.
Disqualifying offenses include several different types of sex crimes, sexual battery charges, acts of domestic violence, computer and child pornography charges, drug trafficking charges and fraud charges. An experienced criminal defense attorney will know if the charges in your criminal record are eligible for expunction.
The Phases Of Sealing And Expungement
The process of sealing or expunging a criminal record in Florida involves several key phases:
- Eligibility assessment: We first determine if your charges qualify for expungement or sealing under Florida law. This step requires a thorough review of your criminal history.
- Application and documentation: Next, we file the necessary paperwork, including a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). We also gather supporting documents such as court records and case details. Then, we will submit your application to the state attorney’s office. If successful, you will receive a Certificate of Eligibility.
- Petition filing: After you get your certificate, you need to complete a Petition and Affidavit to Expunge or Seal. We then submit a formal petition to the court, requesting the expungement or sealing of your record. This step often requires legal representation to ensure accuracy and compliance with court procedures.
- Court review and decision: The court reviews your petition and may hold a hearing to determine whether to grant the expungement or sealing.
- Record destruction or sealing: If approved, the court issues an order to either destroy or seal the records. This ensures they are no longer accessible to the public or appear in background checks.
Each phase requires careful attention to detail and adherence to legal requirements. With that in mind, working with an experienced attorney can significantly improve your chances of a successful outcome.
Our team at Bauer Crider Kindel & Parry can guide you through each step of this complex process so that we can protect your rights and increase your chances of approval.
Is It Worth It To Expunge Your Criminal History?
Any criminal charges, including times when you were arrested and fingerprinted but not necessarily adjudicated guilty, will still show up as part of your criminal record.
These criminal records will show up as part of any background check or investigation for a job or housing application. This means that even if the state’s attorney dismissed the charges against you, the incident could still show up in a background search.
Contact An Expungement Attorney Today
Our criminal defense attorneys offer a free initial consultation. During this appointment, they will be able to answer any of your questions about expunging your criminal record history. To schedule your free appointment, contact our Clearwater office by calling 727-275-9822 or sending an email through our website form.