Applying for a Certificate of Eligibility for Court-Ordered Sealing or Expungement

The following requirements must be met in order to obtain a Certificate of Eligibility to petition the court for an order to seal or expunge a criminal history record, which is the first step required toward getting a record sealed or expunged under Section 943.0585(2) or Section 943.059(2), Florida Statutes (F.S.). If proceeding under either of these statutes, you are entitled to one court-ordered sealing or expungement in a lifetime.
 
  • Application – You may obtain an application for the Certificate of Eligibility by downloading the application (Download Seal/Expunge Package) , or by emailing the FDLE Expunge Section at Seal-Expunge@fdle.state.fl.us, and requesting an application be sent to you.
    • Section A - Section A of the application must be completed and signed in the presence of a Notary Public or a Deputy Clerk of the Court.
    • Section B –If you are requesting an expungement of a criminal history record, you must have Section B completed by the prosecuting attorney (with the Office of the State Attorney or Statewide Prosecutor), from the jurisdiction in which the charge(s) originated (or to which they were transferred). (If Section B is not completed, the application will be processed as a request to seal your criminal history record.)
  • Fingerprints – An FDLE fingerprint form, FD 40-024, is supplied within the application packet. A fingerprint card may be used in place of the fingerprint form. Fingerprints must be taken by a member of a law enforcement or criminal justice agency. The fingerprint form/card must include the applicant’s name, race, sex, date of birth, agency ORI, signatures (applicant and official taking fingerprints) and social security number*.
     
     
    *FDLE asks that you provide your social security number (SSN). The decision to provide your SSN is your option; however, failure to provide your SSN may result in a delay in processing your application or request. If you provide your SSN, FDLE will use it for purposes of identification, and may disclose the information to other agencies for the same purpose pursuant to Section 119.071(5)(a)2.b., F.S. FDLE's request for your SSN is authorized by state law, Section 119.071(5)(a)2.a.II, F.S., because it is imperative for the performance of FDLE's duties and responsibilities.
 
  • Certified Disposition – A certified disposition of the case [criminal charge(s)] he/she is applying to have sealed or expunged is required. A certified disposition is obtained from the Clerk of Court in the county where the charge(s) were filed. If a certified disposition is not available, a certified letter from the Clerk of Court, State Attorney’s Office, and the arresting agency is required. For pre-trial intervention cases and other diversion programs, a certified letter of successful completion from the State Attorney’s Office may substitute for a certified disposition. If you were put on probation, a letter of the Termination of Probation is requested. Failure to provide this document will cause a delay in the processing of the application packet.
 
  • Processing Fee – A NONREFUNDABLE check, money order or cashier’s check for $75.00 made payable to FDLE must accompany the application. FDLE does not accept cash, gift cards or other payment types. Payment must be received by the listed expiration date or one year from the date listed on the payment, whichever is sooner.
Effective July 1, 2016, the fee will be waived for individuals who were in out-of-home care at the time of the criminal offense, who are seeking to seal or expunge a record, if they provide a copy of their Shelter Order with their application.
 
  • Attorney Letterhead – If you are represented by an attorney, a letter from the attorney on letterhead must be submitted with the application. If an attorney letter is not received, FDLE will only correspond with the applicant.
 
 
 
Special Note: It is highly recommended that you obtain and keep a copy of all pertinent documents (i.e., arrest report, disposition, and order to expunge or seal) for your records before you secure the sealing or expungement of your criminal history records. Once a record has been expunged under Section 943.0585, F.S., it is no longer available to be disseminated to anyone (including the subject of the record), under any circumstances, absent a court order so authorizing. FDLE, as well as any other state or local agency, is statutorily prohibited from releasing copies of court-ordered expunged records. FDLE may only release a copy of an expunged record upon receipt of a court order. 
 

Seal/Expunge Application
Reasons for Denial
Entities entitled to Sealed/Expunged Information