How to Expunge My Criminal Record in Florida by Myself

Courts have authority over expungement.

Florida courts have the authority by law to expunge a criminal record. Specified crimes that require the offender to register as a sexual predator may not be expunged. In general, though, a court may expunge the record of only one offense, although provision is made for removing the record of multiple arrests relating to a single offense. The court may not act unless the minor or adult whose record is to be expunged obtains a certificate of eligibility. The court may grant or deny the request at its discretion.

Instructions

1. Download the "Expunge/Seal Package" from the Florida Department of Law Enforcement's (FDLE) website or request a packet by calling the call FDLE's Expunge Section in Tallahassee at 850-410-7870.

2. Complete Section A of the application and sign it in the presence of a notary public. You are required to provide identifying information, including your name, address, Social Security number and driver's license number. You must also provide the details of the record you want expunged.

3. Have your fingerprints taken by a criminal justice agency or law enforcement personnel. The form for fingerprints is included in the application packet.

4. Obtain a copy of the certified disposition of the case from the clerk of court in the county where you were charged. If you were in a diversion program, you may request a copy of the certified disposition from the state attorney's Office. If you were on probation, you must also provide a certified copy of Termination of Probation.

5. Take the application to a state's attorney or statewide prosecutor to have Section B completed. Unless Section B is completed, the petition will be processed as a request to seal the record rather than to expunge it.

6. File the application by mailing it to the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302, Attn: Expunge/Seal Section. Enclose a check for the amount of the fee listed in the instructions.

Tips & Warnings

• You are eligible to file a petition only if you have never been convicted of a criminal offense that required the authorities to make a record of your fingerprints. This includes most offenses. Eligibility also requires that you were not convicted for the offense that you are asking the court to expunge and that you have not previously requested the court to expunge any criminal record.

• If the record you want expunged is related to an arrest that required your participation in a juvenile diversion program, the application must be submitted within six months of completion for any juvenile diversion program on or after October 1, 2001, Although the process for filing your petition is the same as a general petition, you must use the application specific to juvenile diversion.

• You must send the completed application, certified disposition of the case, fingerprint form, certified Termination of Probation, if applicable, and the fee or your petition will not be accepted for processing.

References

• Online Sunshine: Florida Statutes, Title XLVII, Chapter 943
• Florida Department of Law Enforcement: Instructions for Applying for a Juvenile Diversion
• Florida Department of Law Enforcement: Instructions for Applying for a Certificate of Eligibility
• Miami-Dade Office of the State Attorney: How to Apply to Have Your Record Sealed or Expunged

Resources

• Florida Department of Law Enforcement: Seal and Expunge Process